power rule (Louisiana) · Go Syfert
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power rule in Louisiana

17 Louisiana opinions name it 3 courts 1995–2025 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 (4)

CaseFollowedCited
Fla. Gas Transmission Co. v. Tex. Brine Co.green
lactapp · 2018 · cited in 5 Louisiana opinions naming this issue, 2020–2025
2 sentences

2025See Florida Gas Transmission Company, 267 So. 3d at 636-637; Jasper Contractors, Inc. v. E- Claim.com, LLC, 2011- 0978 ( La.

2020App. 1st Cir. 12/ 6/ 18), 267 So. 3d 633 , 637, reh' g denied ( Jan. 25, 2019), writ denied, 2019- 0333 ( La. 6/ 26/ 19), 275 So. 3d 876 ; Jasper Contractors, Inc. V.

25
City of New Orleans v. Board of Com'rsgreen
la · 1994 · cited in 6 Louisiana opinions naming this issue, 1995–2009
2 sentences

1996As discussed in detail in City of New Orleans v. Board of Commissioners of the Orleans Levee District , 93-0690 (La. 7/5/94), 640 So.2d 237 , 241 "Local governmental autonomy or home rule is not a self-sufficient or absolute virtue." The drafters and ratifiers of the 1974 Louisiana Constitution adopted provisions granting both the power of initiation in regard to local affairs and the power of immunity from state regulation to local governments.

1995In reaching this conclusion, we have also considered the holding of the Louisiana Supreme Court in City of New Orleans v. Board of Commissioners , 640 So.2d 237 (La. 1994) pertaining to the home rule powers of the City of New Orleans, including the power of immunity from legislative authority to withdraw, preempt or deny power to initiate ordinances, and home rule power with respect to provisions of the Louisiana Constitution of 1974.

16
State v. Bourggreen
· 2019 · cited in 4 Louisiana opinions naming this issue, 2020–2020
2 sentences

2020See Fla. Gas Transmission Co., LLC v. Texas Brine Co., LLC, 2017- 0304 (La App. ist Cir. 12/6/18), 267 So.3d 633 , writ denied, 2019-0333 (La, 6/26/19), 275 So.3d 876 ; see also Jasper Contractors, Ine. v. E-Claim.com, LLC, 2011-0978 (La.

2020App. 1st Cir. 12/ 6/ 18), 267 So. 3d 633 , 637, reh' g denied ( Jan. 25, 2019), writ denied, 2019- 0333 ( La. 6/ 26/ 19), 275 So. 3d 876 ; Jasper Contractors, Inc. V.

14
Appeal of Brissetgreen
lactapp · 1983 · cited in 1 Louisiana opinions naming this issue, 2013–2013
1 sentence

2013Appeal of Brisset, 436 So.2d 654, 658 (La.App. 1st Cir.1983), writ denied sub nom., In re Brisset, 441 So.2d 749 (La.1983).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Chamberlain v. State, Through DOTD green
la · 1993
2 sentences

1999Id.

1996Id.

21996–1999
Wade v. Hunter green
scotus · 1949
2 sentences

2014By acting without authority on the defendant’s motion for directed verdict, the trial judge interrupted the trial process, prevented the jury from considering the sufficiency of the evidence and foreclosed the jury’s ability to render a lawful | ¡^verdict. 22 The Supreme Court has held the defendant’s right to have his trial completed by a certain tribunal must in some instances give way to the public’s interest in fair trials: “... [A] defendant’s valued right to have his trial completed by a particular tribunal must in some instances be subordinated to the public’s interest in fair trials de

2014By acting without authority on the defendant’s motion for directed verdict, the trial judge interrupted the trial process, prevented the jury from considering the sufficiency of the evidence and foreclosed the jury’s ability to render a lawful | ¡^verdict. 22 The Supreme Court has held the defendant’s right to have his trial completed by a certain tribunal must in some instances give way to the public’s interest in fair trials: “... [A] defendant’s valued right to have his trial completed by a particular tribunal must in some instances be subordinated to the public’s interest in fair trials de

12014–2014
Brown v. Rouse Co. green
lactapp · 1998
1 sentence

2014Brown further stated the court’s opinion that “the continuing jurisdiction described in LSA-R.S. 23:1310 A(l) refers to the power of the hearing officer to alter the nature of benefits awarded, e.g., changes from temporary total disability to supplemental earnings benefits.” Brown, 706 So.2d at 550 . |7In Brown, the claimant filed a motion to modify a judgment of the OWC that denied disability benefits.

12014–2014
Gulf Building Services, Inc. v. Travelers Indem. Co. green
la · 1983
1 sentence

2013Appeal of Brisset, 436 So.2d 654, 658 (La.App. 1st Cir.1983), writ denied sub nom., In re Brisset, 441 So.2d 749 (La.1983).

12013–2013
Javers v. Council of City of New Orleans neutral
lactapp · 1977
1 sentence

2002Thus, the rent ordinance struck down in Javers v. Council of City of New Orleans, 351 So.2d 247 (La.App. 4 Cir. 1977), and the wage ordinance in this case are similar in that both were crafted to govern the proceeds from a form of lease contract. [2] In Orleans Levee District, we explained: [T]he constitutional grant of the home rule power to initiate legislation and the power of immunity from control of the legislature to a local government does not necessarily cause the state as a whole to sustain an abridgment of its police power.

12002–2002
City of New Orleans v. State green
la · 1983
1 sentence

1997Additionally the supreme court rejected the notion suggested by the lead author of their 1983 opinion City of New Orleans v. State, supra , that Art. 6 § 4 of the 1974 Louisiana Constitution adopted by implied reference a 1921 constitutional provision that required the city's exercise of its home rule power to yield to any inconsistent general state law.

11997–1997

Statutes the citing opinions construe

LA § La. Rev. Stat. § 1 (3) LA § La. Rev. Stat. § 9 (3)

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 97 (1874–2026) NY 83 (1887–2024) TX 61 (1914–2025) FL 35 (1918–2026) PA 29 (1851–2026) IL 22 (1903–2025) MA 22 (1851–2025) IN 18 (1873–2020) LA 17 (1995–2025) WA 17 (1950–2023) NJ 16 (1936–2021) AL 16 (1902–2026) CT 16 (1941–2023) MO 16 (1895–2022) WI 14 (1964–2018) OR 14 (1901–2021) GA 12 (1937–2025) NC 11 (1904–2021) MI 10 (2008–2023) KS 9 (1912–2022) IA 7 (1922–2023) WY 6 (1892–2014) MD 6 (1928–2000) KY 6 (1916–2024) MN 6 (1926–1982) AR 6 (1909–2016) AZ 6 (1973–2023) ID 5 (1921–1991) DE 5 (2014–2018) VA 5 (1905–2024) CO 5 (1998–2026) AK 5 (1983–1999) ME 4 (1917–2012) TN 4 (1950–2015) UT 4 (1936–2024) HI 4 (1984–2024) OH 3 (1907–1994) MS 3 (1984–2001) OK 3 (1915–2003) WV 3 (1909–2015) RI 3 (1970–1995) NE 3 (1904–1988) ND 2 (2016–2017) DC 2 (1984–2012) SC 2 (1959–2005)

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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