reasoning behind rule (Louisiana) · Go Syfert
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reasoning behind rule in Louisiana

14 Louisiana opinions name it 2 courts 1979–2026 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 (6)

CaseFollowedCited
State v. Wrightgreen
lactapp · 1990 · cited in 1 Louisiana opinions naming this issue, 2026–2026
1 sentence

2026Wright, 562 So.2d at 1195 (citation omitted).

11
Dickerson v. Winn-Dixie, Inc.green
lactapp · 2002 · cited in 1 Louisiana opinions naming this issue, 2009–2009
1 sentence

2009See Dickerson v. Winn-Dixie, Inc., 01-0807, p. 4 (La.App. 1st Cir.2/27/02), 816 So.2d 315, 317 , writ denied, 02-0951 (La.5/31/02), 817 So.2d 99 ; Holden v. Louisiana State University Medical Center-Shreveport, 29,268, pp. 4-5 (La.App.2d Cir.2/28/97), 690 So.2d-958, 961, writ denied, 97-0797 (La.5/1/97), 693 So.2d 730 .

11
Dickerson v. Winn-Dixie, Inc.green
la · 2002 · cited in 1 Louisiana opinions naming this issue, 2009–2009
1 sentence

2009See Dickerson v. Winn-Dixie, Inc., 01-0807, p. 4 (La.App. 1st Cir.2/27/02), 816 So.2d 315, 317 , writ denied, 02-0951 (La.5/31/02), 817 So.2d 99 ; Holden v. Louisiana State University Medical Center-Shreveport, 29,268, pp. 4-5 (La.App.2d Cir.2/28/97), 690 So.2d-958, 961, writ denied, 97-0797 (La.5/1/97), 693 So.2d 730 .

11
King Fisher Marine Service, Inc. v. The Np Sunbonnet, Her Engines, Etc., and Newpark Marine Services, Inc.green
ca5 · 1984 · cited in 1 Louisiana opinions naming this issue, 2003–2003
1 sentence

2003The reasoning behind this rule is that “the owner is made whole by receiving the value of the boat at the time of loss and interest compensates the owner’s time value of money.” King Fisher Marine Serv., Inc. v. NP Sunbonnet, 724 F.2d 1181, 1187 (5th Cir.1984).

11
Jennings v. Huntgreen
la · 1973 · cited in 1 Louisiana opinions naming this issue, 1999–1999
1 sentence

1999Jennings v. Hunt, 272 So.2d 333, 334 (La.1973) (citations omitted).

11
Pitcher v. United Oil & Gas Syndicate, Inc.green
la · 1932 · cited in 1 Louisiana opinions naming this issue, 1996–1996
2 sentences

1996The supreme court explained the reasoning behind this doctrine in Pitcher v. United Oil & Gas Syndicate, Inc., 174 La. 66 , 139 So. 760, 761 (1932): An employee is never presumed to engage his services permanently, thereby cutting himself off from all chances of improving his condition; indeed, in this land of opportunity it would be against public policy and the spirit of our institutions that any man should thus handicap himself; and the law will presume almost juris et de jure that he did not so intend.

1996The supreme court explained the reasoning behind this doctrine in Pitcher v. United Oil & Gas Syndicate, Inc., 174 La. 66 , 139 So. 760, 761 (1932): An employee is never presumed to engage his services permanently, thereby cutting himself off from all chances of improving his condition; indeed, in this land of opportunity it would be against public policy and the spirit of our institutions that any man should thus handicap himself; and the law will presume almost juris et de jure that he did not so intend.

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 (10)

CaseCitedYears
Edwards v. Sims green
lactapp · 1974
2 sentences

1999Edwards v. Sims, supra[, 294 So.2d 611 (La.App. 4th Cir.l974)7.

1999Edwards v. Sims, supra[, 294 So.2d 611 (La.App. 4th Cir.l974)7.

21990–1999
Himbola Manor Apartments v. Allen green
lactapp · 1975
2 sentences

1986Himbola Manor Apartments v. Allen, supra. However, where the lessor has made frequent demands for payment or where acceptance of late payment occurs because of “unwilling and forced” indulgence on the lessor’s part, the foregoing rules'do not apply.

1981Himbola Manor Apartments v. Allen, supra. However, where the lessor has made frequent demands for payment or where acceptance of late payments occurs *984 because of "unwilling and forced" indulgence on the lessor's part, the foregoing rules do not apply.

21981–1986
State v. Casey green
la · 2000
1 sentence

2026The reasoning behind this requirement is that “the judge, not the affiant, . . . must be satisfied as to the existence of probable cause.” Id. (quoting State v. Green, 2002-1022, p. 8 (La. 12/4/02), 831 So.2d 962, 969 ).

12026–2026
State v. Green green
la · 2002
2 sentences

2026The reasoning behind this requirement is that “the judge, not the affiant, . . . must be satisfied as to the existence of probable cause.” Id. (quoting State v. Green, 2002-1022, p. 8 (La. 12/4/02), 831 So.2d 962, 969 ).

2026Accordingly, the affiant must give the magistrate judge sufficient “information to make an independent judgment that probable cause exists” rather than leaving the magistrate judge to ratify “the bare conclusions of others.” Id.

12026–2026
McGill v. COCHRAN SYSCO FOODS, a DIV. OF SYSCO CORP. green
la · 1997
1 sentence

2009See Dickerson v. Winn-Dixie, Inc., 01-0807, p. 4 (La.App. 1st Cir.2/27/02), 816 So.2d 315, 317 , writ denied, 02-0951 (La.5/31/02), 817 So.2d 99 ; Holden v. Louisiana State University Medical Center-Shreveport, 29,268, pp. 4-5 (La.App.2d Cir.2/28/97), 690 So.2d-958, 961, writ denied, 97-0797 (La.5/1/97), 693 So.2d 730 .

12009–2009
In Re Medical Review Panel green
lactapp · 1995
1 sentence

2003Id.

12003–2003
Leon v. Crowell & Spencer Lumber Co. green
la · 1922
2 sentences

1999Although the recent cases cite this rule without explanation, the Louisiana Supreme Court explained the reasoning behind the rule in Leon, 151 La. at 933-934 , 92 So. at 390 , in deciding that a June 1918 amendment to the Workers' Compensation laws did not apply to plaintiff's action where plaintiff was injured in February 1918.

1999Although the recent cases cite this rule without explanation, the Louisiana Supreme Court explained the reasoning behind the rule in Leon, 151 La. at 933-934 , 92 So. at 390 , in deciding that a June 1918 amendment to the Workers' Compensation laws did not apply to plaintiff's action where plaintiff was injured in February 1918.

11999–1999
Smith v. Wembley Industries, Inc. green
lactapp · 1986
1 sentence

1989Smith, supra, at 1109 .

11989–1989
In Re Adoption of Fouts neutral
lactapp · 1971
1 sentence

1979The reasoning behind this rule was stated by the court in the case of In Re Adoption of Fouts, 254 So.2d 649 (La.App. 1st Cir. 1971).

11979–1979
State v. Williams neutral
la · 1973
1 sentence

1979The reasoning behind the rule of Harris, supra, a rule thereafter approved by this Court (See e. g., State v. Williams, 271 So.2d 857 [La.1973]), compels us to reach a harmonious result in the instant case.

11979–1979

Where else courts name it

TX 37 (1967–2025) IL 31 (1976–2026) PA 25 (1955–2020) CA 24 (1959–2026) TN 15 (1974–2025) MS 15 (1988–2024) OH 15 (1990–2023) LA 14 (1979–2026) FL 12 (1974–2022) IN 12 (1990–2023) AL 11 (1980–2016) MO 11 (1959–2016) NY 11 (1962–2014) MI 10 (1961–2016) AR 10 (1988–2017) KY 9 (1956–2024) MD 9 (1971–2022) NM 7 (1971–2013) NC 7 (1979–2001) AZ 7 (1968–1992) MT 7 (1977–2009) WA 6 (1961–2016) GA 6 (2006–2019) NJ 6 (1991–2013) CT 5 (1976–2000) SC 5 (1991–2015) UT 5 (1988–2019) NE 5 (1983–1989) NH 4 (2003–2014) IA 4 (1974–2018) RI 4 (1971–1993) MN 4 (1985–2016) ID 4 (1973–2012) CO 4 (2005–2016) NV 4 (1967–2015) OR 3 (1974–2025) WI 3 (1981–2022) OK 3 (1996–1997) AK 3 (1985–1997) MA 3 (1993–2006) WV 2 (1983–2007) SD 2 (1967–1997) DC 2 (1986–1998) KS 2 (1944–2017)

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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