prescribed claim in Louisiana

18 Louisiana opinions name it 2 courts 1954–2024 1 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

Case	Followed	Cited
Bouterie v. Cranegreen la · 1993 · cited in 3 Louisiana opinions naming this issue, 2001–2024 2 sentences 2024State Law Inst. trans. 1959)) (12th ed. 1939); Bouterie, 616 So.2d 657 , 664 n. 15 (La. 1993); 12 Hall, 516 So.2d at 120.13 (emphasis both in original and added). 2003See Bouterie v. Crane, 616 So.2d 657 , 664 n. 15 (La. 1993); Hall v. Hall, 516 So.2d 119, 120 (La.1987).	2	3
Hall v. Hallgreen la · 1987 · cited in 2 Louisiana opinions naming this issue, 2001–2003 2 sentences 2003See Bouterie v. Crane, 616 So.2d 657 , 664 n. 15 (La. 1993); Hall v. Hall, 516 So.2d 119, 120 (La.1987). 2001See Bouterie v. Crane, 616 So.2d 657 , 664 n. 15 (La.1993); Hall v. Hall, 516 So.2d 119, 120 (La.1987) (per curiam).	2	2
Chance v. American Honda Motor Co., Inc.green la · 1994 · cited in 1 Louisiana opinions naming this issue, 2009–2009 2 sentences 2009In Chance v. American Honda Motor Co., Inc., 93-2582, pp. 2-3 (La.4/11/94), 635 So.2d 177, 178 (footnote omitted) (first alteration in original), the supreme court discussed the issue of revival of a prescribed claim by the legislature as follows: Although prescriptive statutes are generally procedural in nature, the revival of an already prescribed claim presents additional concerns. 2009In Chance v. American Honda Motor Co., Inc., 93-2582, pp. 2-3 (La.4/11/94), 635 So.2d 177, 178 (footnote omitted) (first alteration in original), the supreme court discussed the issue of revival of a prescribed claim by the legislature as follows: Although prescriptive statutes are generally procedural in nature, the revival of an already prescribed claim presents additional concerns.	1	1
Hendrick v. STONE, PIGMAN, WALTHER, ETC.green lactapp · 1996 · cited in 1 Louisiana opinions naming this issue, 2002–2002 1 sentence 2002See, Hendrick v. Stone, Pigman, Walther, Wittmann & Hutchinson, 95-1577 (La.App. 1 Cir. 6/28/96) , 677 So.2d 716 .	1	1
United States v. Grimaudgreen scotus · 1911 · cited in 1 Louisiana opinions naming this issue, 1983–1983 2 sentences 1983United States v. Grimaud, 220 U.S. 506 at 517 , 31 S.Ct. 480 at 483 , 55 L.Ed. 563 at 568 (1911), quoting Chief Justice Marshall in Wayman v. Southard. [10] Because many federal executive agencies operate under token standards, it has been suggested that safeguards against arbitrary action are more important than standards. [11] One safeguard is congressional veto of administrative 368 action. 1983United States v. Grimaud, 220 U.S. 506 at 517 , 31 S.Ct. 480 at 483 , 55 L.Ed. 563 at 568 (1911), quoting Chief Justice Marshall in Wayman v. Southard. [10] Because many federal executive agencies operate under token standards, it has been suggested that safeguards against arbitrary action are more important than standards. [11] One safeguard is congressional veto of administrative 368 action.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (20)

Case	Cited	Years
Reliable Credit Service, Inc. v. Bernard green lactapp · 1977 2 sentences 1980Termplan Mid-City, Inc. v. Laughlin, 333 So.2d 738 (La.App. 4th Cir. 1976) and Reliable Credit Service, Inc. v. Bernard, 339 So.2d 952 (La.App. 4th Cir. 1977). 1977Termplan Mid-City, Inc. v. Laughlin, 333 So.2d 738 (La.App. 4th Cir. 1976); Reliable Credit Service, Inc. v. Bernard, 339 So.2d 952 (La.App. 4th Cir. 1976), cert. den. 341 So.2d 1129 (with the statement: “No error of law”).	2	1977–1980
Termplan Mid-City Inc. v. Laughlin green lactapp · 1976 2 sentences 1980Termplan Mid-City, Inc. v. Laughlin, 333 So.2d 738 (La.App. 4th Cir. 1976) and Reliable Credit Service, Inc. v. Bernard, 339 So.2d 952 (La.App. 4th Cir. 1977). 1977Termplan Mid-City, Inc. v. Laughlin, 333 So.2d 738 (La.App. 4th Cir. 1976); Reliable Credit Service, Inc. v. Bernard, 339 So.2d 952 (La.App. 4th Cir. 1976), cert. den. 341 So.2d 1129 (with the statement: “No error of law”).	2	1977–1980
Miller v. Baldwin neutral lactapp · 1938 2 sentences 1954In argument and brief counsel rely upon the ruling pronounced in Miller v. Baldwin, La.App., 1938, 178 So. 717 , that where a person lies down on a track and from sleep, or intoxication, becomes unconscious of danger, and the track is in a city, urban section, or in a community where people frequently use the tracks as a footpath, and where there are several habitations and highway crossings, much greater care is required of the train operator to keep a lookout for such persons than in the open country. 1954In argument and brief counsel rely upon the ruling pronounced in Miller v. Baldwin, La.App.1938, 178 So. 717 , that where a person lies down on a track and from sleep, or intoxication, becomes unconscious of danger, and the track is in a city, urban section, or in a community where people frequently use the tracks as a foot-path, and where there are several habitations and highway crossings, much greater care is required of the train operator to keep a lookout for such persons than in the open country.	2	1954–1954
Burmaster v. Plaquemines Parish Government green la · 2008 1 sentence 2024In defense of its position, the majority cites Burmaster v. Plaquemines Parish Government, 07-2432 (La. 5/21/08), 982 So.2d 795 , the single decision that endeavors to address whether the constitutional analysis simply stops with finding a vested right (as the majority holds here), or whether a further step is required (i.e., a rational basis analysis consistent with the due process guarantee).	1	2024–2024
Elevating Boats, Inc. v. St. Bernard Parish green la · 2001 1 sentence 2024In such a situation, that right to plead prescription has already accrued and application of a lengthened prescriptive period to revive the obligation, and effectively remove the right to plead prescription, would “modify or suppress the effects of a right already acquired.” Thus, we have noted that the Legislature is without the authority to revive a prescribed claim. [emphasis added] Id., pp. 14-15, 795 So.2d at 1163-64 (citing 1 Marcel Planiol, Treatise on the Civil Law, § 243 (La.	1	2024–2024
HENNESSEY CONST. CORP. v. Halpern green lactapp · 2007 1 sentence 2016In re Succession of Feingerts, 2014-0140 (La.App. 4th Cir.3/18/15), 162 So.3d 1215 , writ denied, 2015-0754 (La.6/1/15), 171 So.3d 936 ; Hennessey Const. Corp. v. Halpern, 2066-1099 (La.App. 4th Cir.1/31/07), 952 So.2d 739 .	1	2016–2016
Succession of Feingerts neutral lactapp · 2015 1 sentence 2016In re Succession of Feingerts, 2014-0140 (La.App. 4th Cir.3/18/15), 162 So.3d 1215 , writ denied, 2015-0754 (La.6/1/15), 171 So.3d 936 ; Hennessey Const. Corp. v. Halpern, 2066-1099 (La.App. 4th Cir.1/31/07), 952 So.2d 739 .	1	2016–2016
State ex rel. Martinez v. State neutral la · 2015 1 sentence 2016In re Succession of Feingerts, 2014-0140 (La.App. 4th Cir.3/18/15), 162 So.3d 1215 , writ denied, 2015-0754 (La.6/1/15), 171 So.3d 936 ; Hennessey Const. Corp. v. Halpern, 2066-1099 (La.App. 4th Cir.1/31/07), 952 So.2d 739 .	1	2016–2016
Johnson v. Roman Catholic Church green lactapp · 2003 1 sentence 2008Johnson v. The Roman Catholic Church For The Archdiocese of New Orleans, 02-0429, p. 5 n. 2 (La.App. 1st Cir.2/14/03), 844 So.2d 65 , 69 n. 2, writs denied, 03-0730, 03-0778 (La.5/9/03), 843 So.2d 401 , 406.	1	2008–2008
Johnson v. Roman Catholic Church for the Archdiocese of New Orleans green la · 2003 1 sentence 2008Johnson v. The Roman Catholic Church For The Archdiocese of New Orleans, 02-0429, p. 5 n. 2 (La.App. 1st Cir.2/14/03), 844 So.2d 65 , 69 n. 2, writs denied, 03-0730, 03-0778 (La.5/9/03), 843 So.2d 401 , 406.	1	2008–2008
Cameron Parish School Bd. v. Acands, Inc. green la · 1997 1 sentence 2006The issue of revival of a prescribed claim was once again addressed by the supreme court in Cameron Parish School Board v. Acands, Inc., 96-895 (La.1/14/97), 687 So.2d 84 .	1	2006–2006
Fireman's Fund Insurance v. Charles Carter Construction Co. neutral lamd · 1974 1 sentence 1997In Fireman's Fund v. Charles Carter Construction, 382 F.Supp. 332 (M.D.La.1974), the federal district court recognized that a claim can be compensated legally or judicially even though prescribed.	1	1997–1997
Clay v. Bituminous Cas. Corp. neutral la · 1981 1 sentence 1995Id. at 134 .	1	1995–1995
Nelson v. Powers green lactapp · 1981 1 sentence 1995Nelson v. Powers, 402 So.2d at 134 . [1] FACTUAL ISSUES REMAIN Second, I disagree with the majority's finding, without the benefit of further factual development, that as a matter of fact, defendant is necessarily free of fault.	1	1995–1995
White v. WEST CARROLL HOSP., INC. green lactapp · 1992 1 sentence 1992The filing of a request for review of a claim shall suspend the running of prescription against all solidary obligors, including but not limited to health care providers, both qualified and not qualified, to the same extent that prescription is suspended against the party or parties that are the subject of the request for review. [6] 598 So.2d 1134 (La.App. 2d Cir.1992). [7] 600 So.2d 672 (La.1992). [8] The issue of the retroactive application of Act 661 to revive a prescribed claim has attracted the attention of several amici.	1	1992–1992
White v. West Carroll Hospital, Inc. green la · 1992 1 sentence 1992The filing of a request for review of a claim shall suspend the running of prescription against all solidary obligors, including but not limited to health care providers, both qualified and not qualified, to the same extent that prescription is suspended against the party or parties that are the subject of the request for review. [6] 598 So.2d 1134 (La.App. 2d Cir.1992). [7] 600 So.2d 672 (La.1992). [8] The issue of the retroactive application of Act 661 to revive a prescribed claim has attracted the attention of several amici.	1	1992–1992
Kerr v. Jefferson Truck Lines green lactapp · 1980 1 sentence 1986Kerr v. Jefferson Truck Lines, 389 So.2d 729 (La.App. 4th Cir.1980); LSA-C.C.P. art. 931. [2] The plaintiff had the opportunity to present such evidence at the hearing and failed to do so even though the alleged medical information was available.	1	1986–1986
Blanchard v. Rodrigue green la · 1977 1 sentence 1977Termplan Mid-City, Inc. v. Laughlin, 333 So.2d 738 (La.App. 4th Cir. 1976); Reliable Credit Service, Inc. v. Bernard, 339 So.2d 952 (La.App. 4th Cir. 1976), cert. den. 341 So.2d 1129 (with the statement: “No error of law”).	1	1977–1977
Kirkeby-Natus Corporation v. Campbell green la · 1967 2 sentences 1969Appellant contends, however, that the date of February 26, 1968 given in the petition for appeal was made through inadvertence and error and that they did not intend to appeal from the judgment denying the motion for a new trial and rehearing, but intended to appeal from the judgment rendered on November 30, 1967, and they further contend that where the petition, the prayer and order for the appeal indicates that they desire to appeal from the final judgment or the appealable judgment of the Lower Court, their appeal should not be dismissed, and they have cited us two very recent Supreme Court 1969Appellant contends, however, that the date of February 26, 1968 given in the petition for appeal was made through inadvertence and error and that they did not intend to appeal from the judgment denying the motion for a new trial and rehearing, but intended to appeal from the judgment rendered on November 30, 1967, and they further contend that where the petition, the prayer and order for the appeal indicates that they desire to appeal from the final judgment or the appealable judgment of the Lower Court, their appeal should not be dismissed, and they have cited us two very recent Supreme Court	1	1969–1969
Fruehauf Trailer Company v. Baillio green la · 1968 2 sentences 1969Appellant contends, however, that the date of February 26, 1968 given in the petition for appeal was made through inadvertence and error and that they did not intend to appeal from the judgment denying the motion for a new trial and rehearing, but intended to appeal from the judgment rendered on November 30, 1967, and they further contend that where the petition, the prayer and order for the appeal indicates that they desire to appeal from the final judgment or the appealable judgment of the Lower Court, their appeal should not be dismissed, and they have cited us two very recent Supreme Court 1969Appellant contends, however, that the date of February 26, 1968 given in the petition for appeal was made through inadvertence and error and that they did not intend to appeal from the judgment denying the motion for a new trial and rehearing, but intended to appeal from the judgment rendered on November 30, 1967, and they further contend that where the petition, the prayer and order for the appeal indicates that they desire to appeal from the final judgment or the appealable judgment of the Lower Court, their appeal should not be dismissed, and they have cited us two very recent Supreme Court	1	1969–1969

Statutes the citing opinions construe

LA § La. Rev. Stat. § 1 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 33 (1943–2025) MN 31 (1964–2025) TX 23 (1942–2024) LA 18 (1954–2024) NY 16 (1925–2021) IL 15 (1948–2022) PA 15 (1953–2025) WA 14 (1937–2018) MO 14 (1908–2018) OH 13 (1969–2026) NJ 9 (1955–2026) GA 9 (1897–2018) VA 9 (1983–2020) RI 9 (1898–2011) FL 8 (1956–1985) NH 7 (1936–2012) OK 7 (1921–1997) CT 5 (1980–2015) MA 5 (1859–2025) MD 5 (1901–2009) UT 5 (1989–2023) KY 4 (1879–2006) MT 3 (2007–2017) CO 3 (1985–2014) NC 3 (1968–2000) WV 3 (1949–1983) MI 3 (1975–1980) IN 3 (1958–2006) TN 3 (1998–2007) OR 2 (2022–2023) AR 2 (1984–1998) AZ 2 (1966–2004) AL 2 (1944–1985) WY 2 (1992–2019) VI 2 (1966–2014) KS 2 (1983–2008) DC 2 (1993–2007) HI 2 (2001–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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