district court sustained exception in Louisiana

2018C.D.J. , 11-378 at pp. 3-4, 74 So.3d at 302 .

2018C.D.J. , 11-378 at pp. 3-4, 74 So.3d at 302 .

2015Relying on a recent 'Fifth Circuit case, Garner v. Lizana, 13-427 (La.App. 5 Cir. 12/30/13) , 131 So.3d 1105 , writ denied, 14-0208 (La.4/4/14), 135 So.3d 1183 , the court first held post-malpractice acts could be considered in determining whether the fraud exception in La.

2015Relying on a recent 'Fifth Circuit case, Garner v. Lizana, 13-427 (La.App. 5 Cir. 12/30/13) , 131 So.3d 1105 , writ denied, 14-0208 (La.4/4/14), 135 So.3d 1183 , the court first held post-malpractice acts could be considered in determining whether the fraud exception in La.

2015Relying on a recent 'Fifth Circuit case, Garner v. Lizana, 13-427 (La.App. 5 Cir. 12/30/13) , 131 So.3d 1105 , writ denied, 14-0208 (La.4/4/14), 135 So.3d 1183 , the court first held post-malpractice acts could be considered in determining whether the fraud exception in La.

2012Id., 04-1133 at 2, 917 So.2d at 444 .

2012Id., 04-1133 at 2, 917 So.2d at 444 .

1998On appeal, Ms. Kelly urges this was error because of the holding of Weber v. State, 93-0062 (La.4/11/94), 635 So.2d 188 .

1997Notwithstanding our prior holding in Whittington v. Langston Drilling Co, Inc., 26,001 (La.App.2d Cir. 09/21/94), 643 So.2d 336 , where we held that the district court has jurisdiction to hear a constitutional challenge to a worker's compensation statute, the district court sustained the exception, and plaintiff now appeals.

1994Whittington's motion for rehearing based on Sampson v. Wendy's Management, Inc., 593 So.2d 336 (La.1992), was denied.

1983Kel-Kan Investment Corp. v. Village of Greenwood, 393 So.2d 818 (La.App. 2d Cir. 1978) (hereinafter cited as Kel-Kan I).

1972The first time this case reached the Court of Appeal, it affirmed the district court’s sustaining of the exception of no cause of action to the disavowal action. ( 226 So.2d 185 ).

1972The first time this case reached the Court of Appeal, it affirmed the district court's sustaining of the exception of no cause of action to the disavowal action. ( 226 So.2d 185 ).

1956Our brothers of the Orleans Court of Appeal recently summarized the Louisiana rule concerning the defense of non-cooperation in Elba v. Thomas, La.App., 59 So.2d 732 , at page 734: "`The defendant insurer urges a separate and distinct defense against plaintiff's recovery, in that the insured violated the assistance and cooperation clause of its policy contract.

1942The district court sustained an exception of no cause or right of action; but this court reversed the judgment, and in the course of its opinion, said: “A strikingly illustrative case is Ohio Oil Co. v. State of Indiana, 177 U.S. 190 , 20 S.Ct. 576 , 44 L.Ed. 729 , where because an oil and gas basin is the common property of the owners of the several tracts of land above it the owner of one of the tracts was restrained from wasting the gas, even though his doing so was for the — to him — useful purpose of lifting the oil to the surface.

1942The district court sustained an exception of no cause or right of action; but this court reversed the judgment, and in the course of its opinion, said: “A strikingly illustrative case is Ohio Oil Co. v. State of Indiana, 177 U.S. 190 , 20 S.Ct. 576 , 44 L.Ed. 729 , where because an oil and gas basin is the common property of the owners of the several tracts of land above it the owner of one of the tracts was restrained from wasting the gas, even though his doing so was for the — to him — useful purpose of lifting the oil to the surface.

1940On plaintiff's appeal to this court, we concluded that the exception had been correctly sustained and accordingly affirmed the judgment. 184 So. 580, 582 .