101 Louisiana opinions name it 2 courts 1937–2025 4 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 |
|---|---|---|
Lima v. Schmidtgreen2 sentences2016Further, “our courts have recognized that mere recognition of a disputed claim, conditional payments, and settlement or compromise offers or negotiations do not evidence an acknowledgment.” Id. ■ The Clark court held that a defendant making unconditional tenders to prevent the assessment of penalties and fees at the conclusion of the case was interrupting the running of the abandonment period. 2004Still further, the court noted that "mere recognition of a disputed claim, conditional payments, and settlement or compromise offers or negotiations do not evidence an acknowledgment." Id. | 3 | 15 |
Ritchey v. Azargreen2 sentences2001See LSA-C.C. art.1983; Satcher v. Blewer Farms, Inc., 95-1225, p. 4 (La.App. 3 Cir. 6/5/96), 676 So.2d 689 , 691 citing Ritchey v. Azar, 383 So.2d 360, 362 (La.1980). 1996Ritchey v. Azar, 383 So.2d 360, 362 (La.1980). | 2 | 2 |
Spalitta v. Hartford Fire Ins. Co.green2 sentences1998Co., 428 So.2d 824, 826 (La.App. 5 Cir.1983). 1993Co., 428 So.2d 824, 826 (La.App. 5th Cir.1983). | 2 | 2 |
Bracken v. Payne and Keller Company, Inc.green2 sentences2016See Bracken, 14-0637 at p. 3, 181 So.3d at 55 and Bracken, 06-0865 at pp. 2-3, 970 So.2d at 585 . 2016Bracken v. Payne and Keller Co., Inc., 06-0865 (La.App. 1 Cir. 9/5/07) , 970 So.2d 582, 588 . | 1 | 3 |
Marathon Ins. Co. v. Warnergreen2 sentences1972In Marathon Insurance Co. v. Warner, 244 So.2d 353 (La.App. 2nd Cir. 1971), this applicable observation was made: “Recognition of the mere existence of a disputed claim is not such an acknowl-edgement within the contemplation of LSA-C.C. 1972See also Marathon Insurance Company v. Warner (La.App. 2d Cir. 1971), 244 So.2d 353 , where this court stated: “Recognition of the mere existence of a disputed claim is not such an acknowledgment within the contemplation of L.S.A.-C.C., Art. 3520 as will effect an interruption of the running of prescription. . . . | 1 | 3 |
Gobert v. S.W.D.I., L.L.C.green2 sentences2014We previously discussed HOTI’s exceptions of no cause of action against Mr. Hart as such: In Gobert [v. S.W.D.I., L.L.C., 08-1598 (La.App. 1 Cir. 5/5/09) , 13 So.3d 608 ], an incarcerated claimant filed a disputed claim for workers’ compensation “seeking to interrupt prescription of his claims for indemnity and medical expenses” arising out of an on-the-job injury that he incurred almost six years earlier. 2014Id. at 609 . | 1 | 2 |
Collins v. Capital Valve and Fitting Co.green2 sentences2008The court noted a settlement rather than acknowledgment of the debt occurred in Collins v. Capital Valve & Fitting Co., 409 So.2d 579, 580-81 (La.1982), where the court "held that the check issued by the insurer, coupled with the release executed by the third party claimant, clearly indicated that the parties intended a settlement of the property damage." Id. 2008The court noted a settlement rather than acknowledgment of the debt occurred in Collins v. Capital Valve & Fitting Co., 409 So.2d 579, 580-81 (La.1982), where the court "held that the check issued by the insurer, coupled with the release executed by the third party claimant, clearly indicated that the parties intended a settlement of the property damage." Id. | 1 | 2 |
Stagni v. State Farm Mut. Auto. Ins. Co.green2 sentences2008Stagni v. State Farm Mutual Automobile Insurance Company , 96-493, pg. 3 (La.App. 5 Cir. 11/26/96), 685 So.2d 338, 340 . 2001Stagni, 96-493 at 5, 685 So.2d at 340 (emphasis supplied). | 1 | 2 |
Alexander v. Minnieweathergreen2 sentences1996Alexander, supra at p. 804 ; Marathon Ins. 1993See also Alexander v. Minnieweather, 595 So.2d 802 (La. | 1 | 2 |
Louisiana Nat. Bank of Baton Rouge v. Heindelgreen2 sentences1988Louisiana National Bank of Baton Rouge v. Heindel, 365 So.2d 37 (La.App. 4th Cir.1978). 1982In Louisiana National Bank of Baton Rouge v. Heindel, 365 So.2d 37, 38 (La.App. 4th Cir. 1978) the court held: For accord and satisfaction to occur, a debtor must tender payment to a creditor in full satisfaction of a disputed claim, and the creditor in turn must accept the tender. | 1 | 2 |
Igbokwe v. Mosergreen1 sentence2023App. 4 Cir. 4/24/13), 116 So.3d 727, 730 (citations omitted). “[W]hile ordinarily premised on a final judgment, the doctrine of res judicata also applies where there is a compromise or settlement of a disputed claim or matter that has been entered into between the parties.” Lewis v. Wieber, 2021- 0476, p. 13 (La. | 1 | 1 |
| Bracken v. Payne & Keller Co.green | 1 | 1 |
| Nitcher v. Northshore Regional Medical Centergreen | 1 | 1 |
| Burnett v. East Baton Rouge Parish School Boardgreen | 1 | 1 |
| McClelland v. Security Indus. Ins. Co.green | 1 | 1 |
| Harrington v. Aetna Life & Casualty Co.green | 1 | 1 |
| Smith v. Louisiana Dept. of Correctionsgreen | 1 | 1 |
| Snelling Personnel Services v. Duhongreen | 1 | 1 |
| Burns v. Apache Corp.green | 1 | 1 |
| Barney v. PROGRESSIVE SECURITY INSURANCE CO.green | 1 | 1 |
| Allen v. Roadway Exp., Inc.green | 1 | 1 |
| Crain v. Pletkagreen | 1 | 1 |
| Sotomayor v. Lewisgreen | 1 | 1 |
| Brown v. Drillers, Inc.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Davis-Wood Lumber Co. v. Farnsworth & Co.
green
2 sentences1977Davis-Wood Lumber Company v. Farnsworth and Co., 171 So. 622 (La.App., Orl. 1937). 1966In the case of Jones v. Standard Life & Accident Insurance Co., (La.App., 3 Cir., 1961), 129 So.2d 84 , cert. denied 1961, this Court said: “The rule to be applied in determining whether or not there has been an accord and satisfaction was succinctly stated in Davis-Wood Lumber Co. v. Farnsworth & Co. [La.App., 171 So. 622 ], supra, to the effect that: a disputed claim must exist between the creditor and debtor; a tender must have been made in full settlement of the claim; and the tender of the settlement as full payment must have been accepted by the creditor. * * * ” In the Jones case, supra | 4 | 1937–1977 |
Tree of Life Baptist Church of Legonier v. Draper
neutral
2 sentences2019FACTS: The underlying facts of this case were discussed previously in Cobb v. Lafayette Parish School Board , 16-990, p. 1-2 (La.App. 3 Cir. 5/17/17), 220 So.3d 825 , 826-827 writ denied , 17-1481 (La. 11/13/17), 230 So.3d 209 as follows: On May 8, 2001, Catherine Cobb filed a disputed claim for compensation alleging she was injured in September 2000, during the course and scope of her employment with the Lafayette Parish School Board (LPSB). 2019FACTS: The underlying facts of this case were discussed previously in Cobb v. Lafayette Parish School Board , 16-990, p. 1-2 (La.App. 3 Cir. 5/17/17), 220 So.3d 825 , 826-827 writ denied , 17-1481 (La. 11/13/17), 230 So.3d 209 as follows: On May 8, 2001, Catherine Cobb filed a disputed claim for compensation alleging she was injured in September 2000, during the course and scope of her employment with the Lafayette Parish School Board (LPSB). | 2 | 2019–2019 |
Cobb v. Lafayette Parish School Board
neutral
2 sentences2019FACTS: The underlying facts of this case were discussed previously in Cobb v. Lafayette Parish School Board , 16-990, p. 1-2 (La.App. 3 Cir. 5/17/17), 220 So.3d 825 , 826-827 writ denied , 17-1481 (La. 11/13/17), 230 So.3d 209 as follows: On May 8, 2001, Catherine Cobb filed a disputed claim for compensation alleging she was injured in September 2000, during the course and scope of her employment with the Lafayette Parish School Board (LPSB). 2019FACTS: The underlying facts of this case were discussed previously in Cobb v. Lafayette Parish School Board , 16-990, p. 1-2 (La.App. 3 Cir. 5/17/17), 220 So.3d 825 , 826-827 writ denied , 17-1481 (La. 11/13/17), 230 So.3d 209 as follows: On May 8, 2001, Catherine Cobb filed a disputed claim for compensation alleging she was injured in September 2000, during the course and scope of her employment with the Lafayette Parish School Board (LPSB). | 2 | 2019–2019 |
Craig v. Bantek West, Inc.
green
2 sentences2012The employer filed an exception of prescription as to the health care provider’s claims for penalties and attorney fees, relying on Craig v. Bantek West, Inc., 2003-2757 (La.App. 1st Cir.9/17/04), 885 So.2d 1234 , writ denied, 2004-2995 (La.3/18/05), 896 So.2d 1004 . 2012Craig, 885 So.2d at 1241 . | 2 | 2012–2012 |
Brantley v. Delta Ridge Implement, Inc.
green
2 sentences2008Id. 2006Brantley v. Delta 4Ridge Implement, Inc., 41,190 (La.App. 2d Cir.6/28/06), 935 So.2d 308 . | 2 | 2006–2008 |
Brown v. Big Star of Bastrop
neutral
2 sentences2006In Brown v. Big Star of Bastrop, 26,965 (La.App. 2 Cir. 5/10/95); 655 So.2d 579 , appeal after remand, 31,530 (La.App. 2 Cir. 1/29/99); 728 So.2d 541 , a disputed claim for compensation was treated as a petition to modify judgment. 2001In Brown v. Big Star of Bastrop, 26,965 (La.App. 2 Cir. 5/10/95); 655 So.2d 579 , appeal after remand, 31,530 (La.App. 2 Cir. 1/29/99); 728 So.2d 541 , a disputed claim for compensation was treated as a petition to modify judgment. | 2 | 2001–2006 |
Brown v. Big Star of Bastrop, Inc.
green
2 sentences2006In Brown v. Big Star of Bastrop, 26,965 (La.App. 2 Cir. 5/10/95); 655 So.2d 579 , appeal after remand, 31,530 (La.App. 2 Cir. 1/29/99); 728 So.2d 541 , a disputed claim for compensation was treated as a petition to modify judgment. 2001In Brown v. Big Star of Bastrop, 26,965 (La.App. 2 Cir. 5/10/95); 655 So.2d 579 , appeal after remand, 31,530 (La.App. 2 Cir. 1/29/99); 728 So.2d 541 , a disputed claim for compensation was treated as a petition to modify judgment. | 2 | 2001–2006 |
Henriques v. Vaccaro
green
2 sentences1991Henriques v. Vaccaro, 220 La. 216 , 56 So.2d 236 (1951). 1991Henriques v. Vaccaro, 220 La. 216 , 56 So.2d 236 (1951). | 2 | 1984–1991 |
Hyman v. Succession of Parkerson
green
2 sentences1979Stoltz v. Michel, 10 La.App. 346 , 121 So. 673 (1929); cf. Hyman v. Succession of Parkerson, 140 La. 249 , 72 So. 953 (1916). 1979Stoltz v. Michel, 10 La.App. 346 , 121 So. 673 (1929); cf. Hyman v. Succession of Parkerson, 140 La. 249 , 72 So. 953 (1916). | 2 | 1973–1979 |
Stoltz v. Michel
neutral
2 sentences1979Stoltz v. Michel, 10 La.App. 346 , 121 So. 673 (1929); cf. Hyman v. Succession of Parkerson, 140 La. 249 , 72 So. 953 (1916). 1979Stoltz v. Michel, 10 La.App. 346 , 121 So. 673 (1929); cf. Hyman v. Succession of Parkerson, 140 La. 249 , 72 So. 953 (1916). | 2 | 1973–1979 |
Berger v. Quintero
green
2 sentences1978Pontchartrain Park Homes v. Sewerage & Water Bd., 168 So.2d 595 (La. 1964); Berger v. Quintero, 170 La. 37 , 127 So. 356 (1930). 1978Pontchartrain Park Homes v. Sewerage & Water Bd., 168 So.2d 595 (La. 1964); Berger v. Quintero, 170 La. 37 , 127 So. 356 (1930). | 2 | 1937–1978 |
Jones v. Standard Life & Accident Insurance Company
neutral
2 sentences1977Jones v. Standard Life & Accident Insurance Company, 129 So.2d 84 (La.App., 3d Cir. 1961). 1966In the case of Jones v. Standard Life & Accident Insurance Co., (La.App., 3 Cir., 1961), 129 So.2d 84 , cert. denied 1961, this Court said: “The rule to be applied in determining whether or not there has been an accord and satisfaction was succinctly stated in Davis-Wood Lumber Co. v. Farnsworth & Co. [La.App., 171 So. 622 ], supra, to the effect that: a disputed claim must exist between the creditor and debtor; a tender must have been made in full settlement of the claim; and the tender of the settlement as full payment must have been accepted by the creditor. * * * ” In the Jones case, supra | 2 | 1966–1977 |
Gary v. Camden Fire Ins. Co.
green
1 sentence2025Co., 96-0055 (La. 7/2/96), 676 So. 2d 553 , supports its position that the “voluntary payment of workers’ compensation benefits” does not interrupt prescription. | 1 | 2025–2025 |
Ortego v. STATE, DOTD
green
1 sentence2022R.S. 13:4231(1), “[i]f the judgment is in favor of the plaintiff, all causes of action existing at the time of final judgment arising out of the transaction or occurrence that is the subject matter of the litigation are extinguished and merged in the judgment.” This Court explained that “while ordinarily premised on a final judgment, the doctrine of res judicata also applies where there is a compromise or settlement of a disputed claim or matter that has been entered into between the parties.” Joseph v. Huntington Ingalls Inc., 18- 02061, p. 3 (La. 1/29/20), -- So.3d --, 2020 WL 499939 , *3 (c | 1 | 2022–2022 |
Snearl v. Kelly's Industrial Services, Inc.
neutral
1 sentence2022Id. | 1 | 2022–2022 |
Howard v. Trelles
neutral
1 sentence2020App. 1 Cir. 2/ 23/ 96), 669 So. 2d 605 , writ denied, 96- 0712 ( La. 5/ 3/ 96), 672 So. 2d 690 , a disputed claim for medical benefits compensation was filed, but was later settled and dismissed. | 1 | 2020–2020 |
Howard v. Trelles
green
1 sentence2020App. 1 Cir. 2/ 23/ 96), 669 So. 2d 605 , writ denied, 96- 0712 ( La. 5/ 3/ 96), 672 So. 2d 690 , a disputed claim for medical benefits compensation was filed, but was later settled and dismissed. | 1 | 2020–2020 |
State v. Louding
green
2 sentences2017Id. 2017Id. | 1 | 2017–2017 |
Clark v. State Farm Mut. Auto. Ins. Co.
green
1 sentence2016Clark , 00-3010, p. 21, 785 So.2d at 793 . | 1 | 2016–2016 |
| Harrington v. COASTAL CONST. & ENGINEER. green | 1 | 2016–2016 |
| Harrington v. Coastal Const. & Engineering green | 1 | 2016–2016 |
| Romero v. Garan's, Inc. neutral | 1 | 2014–2014 |
| McClelland v. Security Industrial Ins. Co. green | 1 | 2013–2013 |
| Craig v. Bantek West, Inc. neutral | 1 | 2012–2012 |
| Merrill v. Greyhound Lines, Inc. neutral | 1 | 2011–2011 |
| Merrill v. Greyhound Lines, Inc. green | 1 | 2011–2011 |
| Scott v. Sears, Roebuck and Co. neutral | 1 | 2011–2011 |
| Merrill v. Greyhound Lines, Inc. green | 1 | 2011–2011 |
| Freeman v. Poulan/Weed Eater green | 1 | 2010–2010 |
| Demma v. Automobile Club green | 1 | 2009–2009 |
| Denoux v. Vessel Management Services, Inc. green | 1 | 2009–2009 |
| RMI v. Southdown Care Center neutral | 1 | 2008–2008 |
| Jones v. Hollywood Casino Shreveport neutral | 1 | 2008–2008 |
| Mallett v. McNeal green | 1 | 2008–2008 |
| RMI v. Southdown Care Center neutral | 1 | 2008–2008 |
| Ekere v. Dupont Chemical Plant green | 1 | 2007–2007 |
| Ekere v. Dupont Chemical Plant green | 1 | 2007–2007 |
| UNITED BUSINESSES ASS'N v. Ellender neutral | 1 | 2007–2007 |
| Dufour v. River City Management neutral | 1 | 2007–2007 |
| Hammock v. Weyerhaeuser neutral | 1 | 2006–2006 |
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.