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15 Louisiana opinions name it 2 courts 1938–2018 0 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.
| Case | Followed | Cited |
|---|---|---|
Richard v. Richardgreen1 sentence2015Under the manifest error standard, “[i]f the findings are reasonable in light of the record reviewed in its entirety, an appellate court may not reverse, even though convinced that had it been sitting as the trier of fact, it would have weighed evidence differently.” Richard v. Richard, 11-0229, p. 4 (La.10/25/11), 74 So.3d 1156, 1158 (citing Stobart v. State Through Dep’t of Transp. and Development, 617 So.2d 880 (La.1993)). | 1 | 1 |
DIAMOND B CONST. CO. v. City of Plaqueminegreen1 sentence2013However, according to the trial court minutes, L.P.W. ultimately withdrew the objections. .See Diamond B Construction Company, Inc. v. City of Plaquemine, 95-1979 (La.App. 1st Cir.4/30/96), 673 So.2d 636, 640 (when a contract is to be interpreted by the court as a matter of law, a motion for summary judgment is a proper procedural vehicle to present the question to the court). . | 1 | 1 |
Delta Air Lines, Inc. v. Browngreen1 sentence1985Austin v. Administrator, Division of Employment Security, Department of Labor, 158 So.2d 74, 79 (La.App. 1st Cir.1963); Delta Air Lines v. Brown, 115 So.2d 903, 906 (La. | 1 | 1 |
Austin v. Administrator, Division of Employment Security, Department of Laborgreen1 sentence1985Austin v. Administrator, Division of Employment Security, Department of Labor, 158 So.2d 74, 79 (La.App. 1st Cir.1963); Delta Air Lines v. Brown, 115 So.2d 903, 906 (La. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
ECONOMIC DEVELOPMENT DIST. v. All Taxpayers
green
2 sentences2018Denham Springs Economic Development Dist. v. All Taxpayers, Property Owners and Citizens of Denham Springs Economic Development Dist. , 05-2274 (La. 10/17/06), 945 So.2d 665 , 680 ; La.Code Civ. 2009Denham Springs Economic Development Dist. v. All Taxpayers, Property Owners and Citizens of Denham Springs Economic Development Dist., 05-2274 (La.10/17/06), 945 So.2d 665 , 680; La. | 3 | 2008–2018 |
Guillory v. Avoyelles Railway Co.
green
2 sentences1997Co., 104 La. 11 , 28 So. 899 (1900) wherein plaintiffs filed a suit challenging the election almost five years after promulgation of the election results. 1985Company, 104 La. 11 , 28 So. 899 (1900), has repeatedly been distinguished from prescription. | 2 | 1985–1997 |
Stobart v. State Through DOTD
green
1 sentence2015Under the manifest error standard, “[i]f the findings are reasonable in light of the record reviewed in its entirety, an appellate court may not reverse, even though convinced that had it been sitting as the trier of fact, it would have weighed evidence differently.” Richard v. Richard, 11-0229, p. 4 (La.10/25/11), 74 So.3d 1156, 1158 (citing Stobart v. State Through Dep’t of Transp. and Development, 617 So.2d 880 (La.1993)). | 1 | 2015–2015 |
Williams v. CDY Development Corp.
neutral
1 sentence2015Corp., 48,359, p. 8 (La.App. 2 Cir. 8/7/13), 124 So.3d 1, 6 , writ denied, 13-2489 (La.1/17/14), 130 So.3d 947 (noting that the trial of a peremption exception is an evidentiary proceeding and that the trial court’s factual findings following such a trial are subject to a manifest error review). | 1 | 2015–2015 |
Williams v. CDY Development Corp.
neutral
1 sentence2015Corp., 48,359, p. 8 (La.App. 2 Cir. 8/7/13), 124 So.3d 1, 6 , writ denied, 13-2489 (La.1/17/14), 130 So.3d 947 (noting that the trial of a peremption exception is an evidentiary proceeding and that the trial court’s factual findings following such a trial are subject to a manifest error review). | 1 | 2015–2015 |
Coffey v. Block
green
1 sentence2007Coffey v. Block, supra at p. 9 , 762 So.2d at 1187 . | 1 | 2007–2007 |
Ingersoll-Rand Co. v. McClendon
green
2 sentences1998Further, jurisprudential guidelines tell us that this peremption clause has been interpreted broadly by the courts in an effort "`to establish ... plan regulation as exclusively a federal concern,'" *298 Id. at 647 (quoting Ingersoll-Rand Co. v. McClendon, 498 U.S. 133, 138 , 111 S.Ct. 478, 482 , 112 L.Ed.2d 474 (1990)), and that a state law relates to an ERISA plan "`in the normal sense of the phrase if it has connection with or reference to such a plan.'" Id. at 647 (quoting Shaw v. Delta Air Lines, Inc., 463 U.S. 85, 96-97 , 103 S.Ct. 2890, 2899-2900 , 77 L.Ed.2d 490 (1983) (emphasis as fou 1998Further, jurisprudential guidelines tell us that this peremption clause has been interpreted broadly by the courts in an effort "`to establish ... plan regulation as exclusively a federal concern,'" *298 Id. at 647 (quoting Ingersoll-Rand Co. v. McClendon, 498 U.S. 133, 138 , 111 S.Ct. 478, 482 , 112 L.Ed.2d 474 (1990)), and that a state law relates to an ERISA plan "`in the normal sense of the phrase if it has connection with or reference to such a plan.'" Id. at 647 (quoting Shaw v. Delta Air Lines, Inc., 463 U.S. 85, 96-97 , 103 S.Ct. 2890, 2899-2900 , 77 L.Ed.2d 490 (1983) (emphasis as fou | 1 | 1998–1998 |
Shaw v. Delta Air Lines, Inc.
green
2 sentences1998Further, jurisprudential guidelines tell us that this peremption clause has been interpreted broadly by the courts in an effort "`to establish ... plan regulation as exclusively a federal concern,'" *298 Id. at 647 (quoting Ingersoll-Rand Co. v. McClendon, 498 U.S. 133, 138 , 111 S.Ct. 478, 482 , 112 L.Ed.2d 474 (1990)), and that a state law relates to an ERISA plan "`in the normal sense of the phrase if it has connection with or reference to such a plan.'" Id. at 647 (quoting Shaw v. Delta Air Lines, Inc., 463 U.S. 85, 96-97 , 103 S.Ct. 2890, 2899-2900 , 77 L.Ed.2d 490 (1983) (emphasis as fou 1998Further, jurisprudential guidelines tell us that this peremption clause has been interpreted broadly by the courts in an effort "`to establish ... plan regulation as exclusively a federal concern,'" *298 Id. at 647 (quoting Ingersoll-Rand Co. v. McClendon, 498 U.S. 133, 138 , 111 S.Ct. 478, 482 , 112 L.Ed.2d 474 (1990)), and that a state law relates to an ERISA plan "`in the normal sense of the phrase if it has connection with or reference to such a plan.'" Id. at 647 (quoting Shaw v. Delta Air Lines, Inc., 463 U.S. 85, 96-97 , 103 S.Ct. 2890, 2899-2900 , 77 L.Ed.2d 490 (1983) (emphasis as fou | 1 | 1998–1998 |
Marler v. Petty
green
1 sentence1997Marler v. Petty, 94-1851 at p. 7, n. 5; 653 So.2d at 1171 . 4 Thus, given the procedural posture of this case, and absent further guidance from the Louisiana Supreme Court, I respectfully dissent from the majority’s dismissal based on this court’s ex proprio mota; furnishing of the peremption exception, and would instead decide the case on the merits of those issues presently and appropriately before us, ie., the propriety of the trial court’s grant of the PCF’s exceptions raising the objections of no cause of action and res judicata. | 1 | 1997–1997 |
DeCoteau v. District County Court for the Tenth Judicial District
green
2 sentences1991In Decoteau v. District Country Court, 420 U.S. 425 , 95 S.Ct. 1082 , 43 L.Ed.2d 300 (1975), the Supreme Court faced the question of whether a state court had jurisdiction over a child neglect proceeding involving an Indian child. 1991In Decoteau v. District Country Court, 420 U.S. 425 , 95 S.Ct. 1082 , 43 L.Ed.2d 300 (1975), the Supreme Court faced the question of whether a state court had jurisdiction over a child neglect proceeding involving an Indian child. | 1 | 1991–1991 |
Schulin v. Service Painting Co. of Louisiana
green
1 sentence1986Schulin v. Service Painting Co. of Louisiana, 479 So.2d 939 (La.App. 1st Cir.1985), writ denied, 481 So.2d 634 (La.1986). | 1 | 1986–1986 |
Schulin v. Service Painting Co. of Louisiana
green
1 sentence1986Schulin v. Service Painting Co. of Louisiana, 479 So.2d 939 (La.App. 1st Cir.1985), writ denied, 481 So.2d 634 (La.1986). | 1 | 1986–1986 |
Staring v. Grace
green
1 sentence1972Esso Standard Oil Company v. Jordan, supra. See also: Staring v. Grace, supra. It is, therefore, well settled in our jurisprudence that any irregularities in failing to give tax debtors notice of delinquency is cured by the five-year peremptive period for annulling tax sales. | 1 | 1972–1972 |
Kivlen v. Horvath
green
2 sentences1938Kivlen v. Horvath, 163 La. 901 , 113 So. 140 . 1938Kivlen v. Horvath, 163 La. 901 , 113 So. 140 . | 1 | 1938–1938 |
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.