dismissed claim (Louisiana) · Go Syfert
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dismissed claim in Louisiana

15 Louisiana opinions name it 2 courts 1950–2025 2 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 (2)

CaseFollowedCited
9 to 5 Fashions, Inc. v. Spurneygreen
la · 1989 · cited in 2 Louisiana opinions naming this issue, 1996–2017
2 sentences

2017Considering .the basic principles underlying Louisiana tort law, as well as “modern empirical considerations and’the objectives of delictual law,” 9 to 5 Fashions, Inc. v. Spurney, supra at 231, defendants owed no obligation to plaintiff as a third person employee ... to refrain from expressing an opinion to (plaintiffs employer) concerning the nature and scope of the employee’s work.

1996Considering the basic principles underlying Louisiana tort law, as well as "modern empirical considerations and the objectives of delictual law," 9 to 5 Fashions, Inc. v. Spurney, supra at 231, defendants *973 owed no obligation to plaintiff as a third person employee ... to refrain from expressing an opinion to (plaintiff's employer) concerning the nature and scope of the employee's work.

22
Thomas v. Pride Oil & Gas Properties, Inc.green
lawd · 2009 · cited in 1 Louisiana opinions naming this issue, 2015–2015
1 sentence

2015Recalling our earlier determination in this case that the claims relating to an offer being insufficient are essentially fraud claims, we approve of the following observation: “To pursue a claim for purported deficiency in the value of these lease rights ..., be it in error or fraud, is to pursue a claim for lesion beyond moiety.” Thomas, 633 F.Supp.2d at 244 (internal quotation and citation omitted).

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 (18)

CaseCitedYears
Owens v. Liberty Mutual Insurance Company green
la · 1975
1 sentence

2025Id.

12025–2025
BLäke v. Alicia Dimarco Blake Alicia Vict. Dimarco Blake neutral
la · 2018
1 sentence

2022App. 4 Cir. 9/20/17), 228 So. 3d 223, 236 , writ denied, 17-2057 (La. 3/23/18), 239 So. 3d 297 .

12022–2022
Blake v. Blake neutral
lactapp · 2017
1 sentence

2022App. 4 Cir. 9/20/17), 228 So. 3d 223, 236 , writ denied, 17-2057 (La. 3/23/18), 239 So. 3d 297 .

12022–2022
Rodriguez v. Louisiana Tank, Inc. green
lactapp · 1995
1 sentence

2006The trial court dismissed the exception, stating that it did so, "considering the law within the confines of Rodriguez v. Louisiana Tank, Inc., 657 So.2d 1363 (La.App. 1st Cir.6/23/95); writ denied, 663 So.2d 739 (La.1995), and Sumrall v. Bickham, XXXX-XXXX (La.App. 1st Cir.9/8/04), 887 So.2d 73 ; writ denied, 2004-2506 (La.1/7/05), 891 So.2d 696 ." DISCUSSION: The settlement released Chad Rivere, the insured, without any reservation of rights against USAgencies, his insurer.

12006–2006
Sumrall v. Bickham green
la · 2005
1 sentence

2006The trial court dismissed the exception, stating that it did so, "considering the law within the confines of Rodriguez v. Louisiana Tank, Inc., 657 So.2d 1363 (La.App. 1st Cir.6/23/95); writ denied, 663 So.2d 739 (La.1995), and Sumrall v. Bickham, XXXX-XXXX (La.App. 1st Cir.9/8/04), 887 So.2d 73 ; writ denied, 2004-2506 (La.1/7/05), 891 So.2d 696 ." DISCUSSION: The settlement released Chad Rivere, the insured, without any reservation of rights against USAgencies, his insurer.

12006–2006
Rodriguez v. Louisiana Tank, Inc. green
la · 1995
1 sentence

2006The trial court dismissed the exception, stating that it did so, "considering the law within the confines of Rodriguez v. Louisiana Tank, Inc., 657 So.2d 1363 (La.App. 1st Cir.6/23/95); writ denied, 663 So.2d 739 (La.1995), and Sumrall v. Bickham, XXXX-XXXX (La.App. 1st Cir.9/8/04), 887 So.2d 73 ; writ denied, 2004-2506 (La.1/7/05), 891 So.2d 696 ." DISCUSSION: The settlement released Chad Rivere, the insured, without any reservation of rights against USAgencies, his insurer.

12006–2006
Sumrall v. Bickham green
lactapp · 2004
1 sentence

2006The trial court dismissed the exception, stating that it did so, "considering the law within the confines of Rodriguez v. Louisiana Tank, Inc., 657 So.2d 1363 (La.App. 1st Cir.6/23/95); writ denied, 663 So.2d 739 (La.1995), and Sumrall v. Bickham, XXXX-XXXX (La.App. 1st Cir.9/8/04), 887 So.2d 73 ; writ denied, 2004-2506 (La.1/7/05), 891 So.2d 696 ." DISCUSSION: The settlement released Chad Rivere, the insured, without any reservation of rights against USAgencies, his insurer.

12006–2006
Coleman v. Deno green
la · 2002
1 sentence

2005Coleman , XXXX-XXXX at pp. 14-18, 813 So.2d at 314-16 . [8] Examination of the type of contract alleged and the nature of the wrong which gave rise to the breach-of-contract claim is also appropriate.

12005–2005
Jamison v. Hilton green
lactapp · 1998
1 sentence

2000In Jamison v. Hilton, 98-447 (La.App. 3 Cir. 10/21/98) ; 721 So.2d 494 , the Third Circuit reached a contrary result.

12000–2000
Boudreaux v. Yancey green
lactapp · 1971
1 sentence

1997The court later dismissed his claim with prejudice and Keene did not appeal. [5] On May 10, 1996, Clark filed a "Notice to the Defendant, Plaintiff Will Not Proceed to Trial until Plaintiff Has Received All of its Constitutional and Statutory Rights Given by Law." [6] The fifth circuit in Allwein cited two first circuit cases where arguably contrary results had been reached: Dural v. City of Morgan City, 407 So.2d 757 (La.App. 1st Cir.1981); Boudreaux v. Yancey, 256 So.2d 340 (La.App. 1st Cir. 1971).

11997–1997
Dural v. City of Morgan City green
lactapp · 1981
1 sentence

1997The court later dismissed his claim with prejudice and Keene did not appeal. [5] On May 10, 1996, Clark filed a "Notice to the Defendant, Plaintiff Will Not Proceed to Trial until Plaintiff Has Received All of its Constitutional and Statutory Rights Given by Law." [6] The fifth circuit in Allwein cited two first circuit cases where arguably contrary results had been reached: Dural v. City of Morgan City, 407 So.2d 757 (La.App. 1st Cir.1981); Boudreaux v. Yancey, 256 So.2d 340 (La.App. 1st Cir. 1971).

11997–1997
Riddle v. Simmons green
la · 1994
1 sentence

1996Moreover, just as there can be no amendment of a dismissed petition, Riddle v. Simmons, 626 So.2d 811 (La.App. 2d Cir.1993), writ denied, 93-2920 (La.04/29/94), 637 So.2d 459 , a litigant cannot answer a dismissed rule.

11996–1996
Riddle v. Simmons green
lactapp · 1993
1 sentence

1996Moreover, just as there can be no amendment of a dismissed petition, Riddle v. Simmons, 626 So.2d 811 (La.App. 2d Cir.1993), writ denied, 93-2920 (La.04/29/94), 637 So.2d 459 , a litigant cannot answer a dismissed rule.

11996–1996
Michael H. v. Gerald D. green
scotus · 1989
2 sentences

1993The plaintiff does not assign as error the dismissal of this claim. [2] We note that California's conclusive marital presumption withstood constitutional attack in Michael H. v. Gerald D., 491 U.S. 110 , 109 S.Ct. 2333 , 105 L.Ed.2d 91 (1989), wherein the court held that the state's conclusive marital presumption defeated the rights of an alleged biological father to assert his paternity.

1993The plaintiff does not assign as error the dismissal of this claim. [2] We note that California's conclusive marital presumption withstood constitutional attack in Michael H. v. Gerald D., 491 U.S. 110 , 109 S.Ct. 2333 , 105 L.Ed.2d 91 (1989), wherein the court held that the state's conclusive marital presumption defeated the rights of an alleged biological father to assert his paternity.

11993–1993
Cater v. Placid Oil Co. green
laed · 1991
1 sentence

1993In Cater v. Placid Oil Co., 760 F.Supp. 568 (E.D.La.1991), the district court held there could be no spouse's recovery for loss of consortium under general maritime law involving nonfatal injury of Jones Act seaman.

11993–1993
State ex rel. Department of Highways v. Reimers neutral
lactapp · 1966
1 sentence

1966On appeal the First Circuit reversed and we granted certiorari ( 182 So.2d 718 ).

11966–1966
Babst v. Hartz neutral
la · 1926
2 sentences

1961The trial court dismissed the rule for possession on an exception based upon the doctrine of Babst v. Hartz, 161 La. 427 , 108 So. 871 , but preserved the demand for a money judgment.

1961The trial court dismissed the rule for possession on an exception based upon the doctrine of Babst v. Hartz, 161 La. 427 , 108 So. 871 , but preserved the demand for a money judgment.

11961–1961
Vann v. Bowie Sewerage Co., Inc. green
tex · 1936
2 sentences

1950In 142 A.L.R. 1320 , there is a discussion of a Texas case, Vann v. Bowie Sewerage Co., 127 Tex. 97 , 90 S.W.2d 561 , in which the court dismissed a claim for depreciated land value due to the pollution from the septic tank of defendant, and held there that the claim for depreciation in land value was barred by limitation on the theory that when injury to land results from something that the law regards as a permanent nuisance, in legal contemplation the injury to the land occurs at that time and prescription on the action begins to run from that date.

1950In 142 A.L.R. 1320 , there is a discussion of a Texas case, Vann v. Bowie Sewerage Co., 127 Tex. 97 , 90 S.W.2d 561 , in which the court dismissed a claim for depreciated land value due to the pollution from the septic tank of defendant, and held there that the claim for depreciation in land value was barred by limitation on the theory that when injury to land results from something that the law regards as a permanent nuisance, in legal contemplation the injury to the land occurs at that time and prescription on the action begins to run from that date.

11950–1950

Where else courts name it

NY 49 (1910–2025) IL 44 (1980–2026) OH 34 (1989–2025) TX 28 (1961–2024) PA 27 (1943–2025) WA 27 (1988–2024) CA 20 (1957–2025) FL 19 (1973–2024) MI 18 (1980–2024) LA 15 (1950–2025) NJ 12 (1966–2024) AZ 12 (1971–2023) CO 11 (1962–2026) MD 10 (1961–2020) TN 10 (1978–2022) OR 10 (1973–2026) WI 10 (1977–2025) VT 9 (1988–2023) OK 8 (1931–2023) MO 8 (1988–2017) UT 8 (1987–2025) AL 7 (1976–2026) DC 6 (1974–2021) MS 6 (1996–2019) IN 5 (1987–2015) NC 5 (2001–2017) GA 4 (1970–2017) VA 4 (1981–2016) SD 4 (2007–2018) NH 4 (1995–2017) KY 4 (1986–2020) ID 4 (1983–2018) NM 4 (1970–2011) DE 4 (2017–2026) SC 4 (1983–2025) AR 3 (1986–2023) KS 3 (1989–2023) WV 3 (1999–2005) IA 3 (1961–2017) NE 2 (1990–2005) ND 2 (2003–2005) RI 2 (1991–2004) WY 2 (1985–2018) CT 2 (1998–2014) MN 2 (1987–2000)

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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