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14 Louisiana opinions name it 2 courts 1987–2002 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 |
|---|---|---|
Lewis v. Exxon Corp.green2 sentences1992See also Lewis v. Exxon Corp., 441 So.2d 192 (La.1983). 1992See also Lewis v. Exxon Corp., 441 So.2d 192 (La.1983). `In the first level, the primary focus is on the scope of the contract work. "`The specific task to which an individual employee is put should not be determinative of his coverage under the Act. | 3 | 3 |
Berry v. Holston Well Service, Inc.red2 sentences2000In Berry v. Holston Well Service, Inc., 488 So.2d 934, 937 (La.1986), the court discarded that test in favor of a "test ... more in line with the purpose of sections 1032 and 1061." This three-tier analysis for determinating whether the contract work was part of the principal's trade, business, or occupation was summarized in Kirkland, 681 So.2d at 334 -35: 1. 1997At the time of plaintiff’s injury, determination of statutory employment status was made pursuant to a three-step analysis set forth in Berry v. Holston Well Service, Inc., 488 So.2d 934 (La.1986), which has been summarized as follows: In Berry v. Holston Well Service, Inc., 488 So.2d 934 (La.1986), we set forth a three tier analysis to determine the existence of a statutory employment relationship. | 1 | 10 |
Bowens v. General Motors Corp.green1 sentence1994As the court explained in Bowens v. General Motors Corp., 608 So.2d 999, 1002 (La.1992): In Berry v. Holston Well Service, Inc., 488 So.2d 934 (La.1986), we set forth a three tier analysis to determine the existence of a statutory employment relationship. | 1 | 1 |
Cantrell v. BASF Wyandottegreen1 sentence1987The first level of the three-tier analysis under Berry , "is whether considering the entire scope of the work contract, the work is specialized, that is, whether it `requires a degree of skill, training, experience, education and/or equipment not normally possessed outside the contract field.'" Cantrell v. BASF Wyandotte, 506 So.2d 793, 794 (La.App. 1st Cir. 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 |
|---|---|---|
United States v. Sean O. Watson
green
1 sentence2002The Fisher court stated: In United States v. Watson, 953 F.2d 895 , 897 n. 1 (5th Cir.1992), cert. denied, 504 U.S. 928 , 112 S.Ct. 1989 , 118 L.Ed.2d 586 (1992), the court articulated a useful three-tiered analysis of interactions between citizens and police under the Fourth Amendment. | 1 | 2002–2002 |
State v. Fisher
green
1 sentence2002The Louisiana Supreme Court adopted a three-tier analysis of interactions between citizens and police officers under the Fourth Amendment in State v. Fisher, 97-1133 (La.9/9/98), 720 So.2d 1179 . | 1 | 2002–2002 |
Excell v. United States
green
1 sentence2002The Fisher court stated: In United States v. Watson, 953 F.2d 895 , 897 n. 1 (5th Cir.1992), cert. denied, 504 U.S. 928 , 112 S.Ct. 1989 , 118 L.Ed.2d 586 (1992), the court articulated a useful three-tiered analysis of interactions between citizens and police under the Fourth Amendment. | 1 | 2002–2002 |
Watson v. United States
green
1 sentence2002The Fisher court stated: In United States v. Watson, 953 F.2d 895 , 897 n. 1 (5th Cir.1992), cert. denied, 504 U.S. 928 , 112 S.Ct. 1989 , 118 L.Ed.2d 586 (1992), the court articulated a useful three-tiered analysis of interactions between citizens and police under the Fourth Amendment. | 1 | 2002–2002 |
Kirkland v. Riverwood Intern. USA, Inc.
green
1 sentence2000In Berry v. Holston Well Service, Inc., 488 So.2d 934, 937 (La.1986), the court discarded that test in favor of a "test ... more in line with the purpose of sections 1032 and 1061." This three-tier analysis for determinating whether the contract work was part of the principal's trade, business, or occupation was summarized in Kirkland, 681 So.2d at 334 -35: 1. | 1 | 2000–2000 |
Trahan v. STATE EX REL. DEPT. OF HEALTH AND HOSPITALS
neutral
1 sentence1996In Trahan v. State, Through Department of Health & Hospitals., 95-320 (La.App. 3 Cir. 10/4/95) ; 663 So.2d 242, 245-46 , this court ^observed the following: The Louisiana Supreme Court has yet to interpret the meaning of the statute as amended as to whether the amendment is retroactive or whether the amendment broadened the definition of statutory employers and overruled the three-tier analysis of Berry v. Holston Well Service, Inc., 488 So.2d 934 (La.1986). | 1 | 1996–1996 |
Rowe v. Northwestern Nat. Ins. Co.
green
1 sentence1989In 1986, the Louisiana Supreme Court, in Berry v. Holston Well Service, Inc., supra, reiterated some of the principles enunciated in Benson, Lewis, and Rowe, supra, and articulated a three-tier analysis useful in determining whether a statutory employment relationship exists between an owner or principal and his contractor’s employee, and stated: In the first level, the primary focus is on the scope of the contract work. | 1 | 1989–1989 |
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.