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15 Louisiana opinions name it 2 courts 1983–2020 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 |
|---|---|---|
Gettys v. Wonggreen1 sentence2020App. 4 Cir. 5/7/14), 145 So. 3d 460, 464 (denial of an exception of prescription filed by LSUHSC because “the claim against LSUHSC is solely derivative of the timely filed claim made against Dr. Wong.”). 2 | 1 | 1 |
Phillips v. Patterson Insurance Co.green1 sentence1998See, e.g., Phillips v. Patterson Insurance Co., 97-2748 (La.1/9/98), 704 So.2d 246 (where the supreme court reached a similar conclusion regarding an exception of improper venue). [9] Although we conclude under this assignment of error that it was proper to retroactively apply 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 |
|---|---|---|
Spradlin v. Acadia-St. Landry Med. Found.
green
2 sentences2013As explained in Spradlin, 758 So.2d at 119 , a medical malpractice claim “is subject to dismissal on a timely filed exception of prematurity if such claim has not first been screened by a pre-suit medical review panel.” Notwithstanding this requirement, a defendant who fails to file an exception of prematurity before filing an answer when the plaintiff failed to take such preliminary step waives the exception. 2007LSA-R.S. 40:1299.47(A) & (B)(1)(a)(i); Spradlin, 758 So.2d at 119 . | 6 | 2002–2013 |
Blevins v. Hamilton Medical Center, Inc.
green
2 sentences2012Blevins, supra, 959 So.2d at 444 . 2011Blevins, 959 So.2d 440 . | 2 | 2011–2012 |
Henry v. West Monroe Guest House, Inc.
green
2 sentences2006Id. 2005Id. | 2 | 2005–2006 |
Correro v. Caldwell
neutral
1 sentence2016App. 2 Cir. 6/3/15), 166 So.3d 442 , 447-48 writ denied, 15-1536 (La. 10/23/15), 179 So.3d 607 (“Correro I”). • Aug. 27, 2014—Plaintiff filed the instant medical malpractice suit against Dr. Ferrer, Glenwood, XYZ Insurance Company, and LAMMICO. | 1 | 2016–2016 |
Fairfield Pentecostal Church v. Johnson
neutral
1 sentence2016App. 2 Cir. 6/3/15), 166 So.3d 442 , 447-48 writ denied, 15-1536 (La. 10/23/15), 179 So.3d 607 (“Correro I”). • Aug. 27, 2014—Plaintiff filed the instant medical malpractice suit against Dr. Ferrer, Glenwood, XYZ Insurance Company, and LAMMICO. | 1 | 2016–2016 |
Barrie v. VP Exterminators, Inc.
green
1 sentence2013Barrie, 625 So.2d 1007 . | 1 | 2013–2013 |
Williamson v. HOSPITAL SERVICE OF JEFFERSON
green
1 sentence2007Williamson , 04-0451 at p. 4, 888 So.2d at 785 ; La.Rev. | 1 | 2007–2007 |
State v. Huls
green
1 sentence1998App. 4th Cir. 9/25/96), 681 So.2d 471, 475 , writ denied, 96-2588 (La. 1/6/97), 685 So.2d 126 , in which that court refused to address plaintiffs' argument that the trial court erred in ordering the consolidation of a pending case with a fully adjudicated case because plaintiffs failed to seek supervisory review of the consolidation order, we believe that to hold that a plaintiff has waived a timely filed exception of res judicata by not seeking supervisory writs after the exception was denied by the trial court goes against the policy of not presuming a waiver of rights, which should only be | 1 | 1998–1998 |
Nicholson Management & Consultants, Inc. v. Bergman
neutral
1 sentence1998App. 4th Cir. 9/25/96), 681 So.2d 471, 475 , writ denied, 96-2588 (La. 1/6/97), 685 So.2d 126 , in which that court refused to address plaintiffs' argument that the trial court erred in ordering the consolidation of a pending case with a fully adjudicated case because plaintiffs failed to seek supervisory review of the consolidation order, we believe that to hold that a plaintiff has waived a timely filed exception of res judicata by not seeking supervisory writs after the exception was denied by the trial court goes against the policy of not presuming a waiver of rights, which should only be | 1 | 1998–1998 |
Forcum-James Co. v. Duke Transportation Co.
green
2 sentences1983The landmark case in this area is Forcum-James Co. v. Duke Transportation Co., 231 La. 953 , 93 So.2d 228 (1957). 1983The landmark case in this area is Forcum-James Co. v. Duke Transportation Co., 231 La. 953 , 93 So.2d 228 (1957). | 1 | 1983–1983 |
Delatte v. Wild
neutral
1 sentence1983We held in Delatte v. Wild, 385 So.2d 399 (La.App. 1st Cir.1980), that when no evidence was adduced to establish that plaintiff owned the subject vehicle, or otherwise had an ownership interest therein, a timely filed exception of no right of action had merit, and we reversed the trial court’s award to plaintiff for damages to the automobile. | 1 | 1983–1983 |
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.
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.