14 Louisiana opinions name it 2 courts 1934–2020 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 |
|---|---|---|
Karlen v. United Statesgreen1 sentence2014The substance of the claim and not the characterization controls ...” Karlen v. U.S., 727 F.Supp. 544, 546 (D.S.D.1989). . | 1 | 1 |
State v. Gipsongreen1 sentence1999La.C.Cr.P. 807; State v. Gipson, 359 So.2d 87, 92 (La.1978). | 1 | 1 |
Stephens v. International Paper Co.green2 sentences1995Additionally, Hibernia, relying on Stephens v. International Paper Co., 542 So.2d 35, 38 (La.App. 2d Cir.1989), vigorously asserts that the substance of a claim is not affected by its label. *747 Hibernia's reliance on Stephens is misplaced. 1995The plain language of Stephens demonstrates that it applies only where "the relief requested [in plaintiff's prayer] is unsupported by factual allegations establishing plaintiff's legal entitlement to the remedy sought." Id. | 1 | 1 |
Hondroulis v. Schumachergreen1 sentence1993It Was Not Error To Allow Mrs. Bourgeois To Testify That She Would Not Have Consented To The Surgery If She Had Been Properly Informed Hondroulis v. Schumacher, 546 So.2d 466, 470 (La.1989) is inapposite. | 1 | 1 |
Landry v. Stategreen1 sentence1991The statute here is just as clearly substantive as the one which was held so in Landry v. State, 495 So.2d 1284, 1290 (La. 1986) (LSA-R.S. 9:2800, a statute removing governmental units from the reach of strict liability under Article 2317). | 1 | 1 |
State v. Vaughngreen1 sentence1989Compare State v. Vaughn, supra . | 1 | 1 |
United States v. Earl Hillsberggreen1 sentence1989See also, U.S. v. Hillsberg, 812 F.2d 328 (7th Cir.1987), cert. denied, 481 U.S. 1041 , 107 S.Ct. 1981 , 95 L.Ed.2d 821 (1987). | 1 | 1 |
Carpenter v. Heetergreen1 sentence1989See also, U.S. v. Hillsberg, 812 F.2d 328 (7th Cir.1987), cert. denied, 481 U.S. 1041 , 107 S.Ct. 1981 , 95 L.Ed.2d 821 (1987). | 1 | 1 |
Hillsberg v. United Statesgreen2 sentences1989See also, U.S. v. Hillsberg, 812 F.2d 328 (7th Cir.1987), cert. denied, 481 U.S. 1041 , 107 S.Ct. 1981 , 95 L.Ed.2d 821 (1987). 1989See also, U.S. v. Hillsberg, 812 F.2d 328 (7th Cir.1987), cert. denied, 481 U.S. 1041 , 107 S.Ct. 1981 , 95 L.Ed.2d 821 (1987). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Reeves v. Globe Indemnity Co. of New York
green
2 sentences1951Reeves v. Globe Indemnity Co., 185 La. 42 , 168 So. 488 ; Continental Ins. 1951Reeves v. Globe Indemnity Co., 185 La. 42 , 168 So. 488 ; Continental Ins. | 2 | 1951–1951 |
State v. Wilson
green
1 sentence2020This Court further stated that because the case was remanded for the specific purpose of resentencing, the defendant did not object at resentencing, and the trial judge already reconsidered the defendant’s sentences at the hearing on the motion for reconsideration of sentence, remand would be “a useless formality.” Id. | 1 | 2020–2020 |
Morgan v. United States
green
2 sentences1999Id. at 481-82 , 56 S.Ct. 906 . (emphasis added). 1999Id. at 481-82 , 56 S.Ct. 906 . (emphasis added). | 1 | 1999–1999 |
Socorro v. City of New Orleans
green
1 sentence1998The highest court observed that it is “the very substance of the claim for damages, the amount thereof, is affected by the legislation.” Id. 3 Although these two ease law examples involve amendments to statutes, rather than the constitution, the underlying concept is the same. | 1 | 1998–1998 |
State v. Phillips
green
1 sentence1994There, the court was presented with non-prejudicial error, as this was one of those cases where "the substance of the defense was well-known to the state, and the particulars disclosed at the hearing would not contribute to that defense." 343 So.2d at 1052 . | 1 | 1994–1994 |
Whittaker v. Finnorn
neutral
1 sentence1934The substance of his defense is that, by a contemporaneous verbal agreement with the. plaintiff, the note was conditionally delivered to him, the condition being that the note was not to take effect until the happening of a specified event, to wit, until he received his compensation for certain work .done by him. for. the Southwestern Investment Company, Inc., at which time the note was to become a valid and enforceable obligation. •The case.was tried on the issue thus raised, and,-from a- judgment rejecting the plaintiffs demands and dismissing the suit, at his cost, the plaintiff appealed. ■ | 1 | 1934–1934 |
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.