13 Louisiana opinions name it 1 courts 1906–2023 2 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 |
|---|---|---|
Avondale Shipyards, Inc. v. Billy R. Vinson, and Director, Office of Workers' Compensation Programs, United States Department of Laborgreen1 sentence2016See 33 U.S.C. § 920 (b) ("In any proceeding for the enforcement of a claim for compensation under this chapter is shall be presumed, in the absence of substantial evidence to the contrary ... [t]hat sufficient notice of such claim has been given.”); Avondale Shipyards, Inc, v. Vinson, 623 F.2d 1117, 1120 (5th Cir.1980). | 1 | 1 |
Bustamento v. Tuckergreen1 sentence2013Bustamento v. Tucker, 607 So.2d 532, 537 (La.1992); Coston , p. 8, 99 So.3d at 88 . | 1 | 1 |
Brown v. Drillers, Inc.green1 sentence1995See Brown v. Drillers, supra, at page 747[2-5]. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Crosby v. Sahuque Realty Co.
green
2 sentences2023App. 4 Cir. 8/21/13), 122 So.3d 1197, 1202 ). 2021App. 4 Cir. 8/21/13), 122 So. 3d 1197, 1202 . | 2 | 2021–2023 |
Landry v. BLAISE, INCORPORATED
green
1 sentence2021App. 4 Cir. 8/2/00), 774 So. 2d 187, 190 . “[U]nder Louisiana jurisprudence, prescriptive statutes are to be strictly construed in favor of the obligation sought to be extinguished, thereby allowing a plaintiff to proceed with the enforcement of a claim.” Crosby v. Sahuque Realty Co., Inc., 12-1537, p. 7 (La. | 1 | 2021–2021 |
Rando v. Anco Insulations Inc.
red
1 sentence2014Of the possible constructions, the one that maintains the enforcement of the claim or action, rather than the one that bars enforcement should be adopted.” Id. at p. 21, 16 So.3d at 1083 . | 1 | 2014–2014 |
Succession of Bijeaux v. Broyles
green
1 sentence2014Bijeaux v. Broyles, 2011-830, pp. 3-4 (La.App. 3 Cir. 2/8/12), 88 So.3d 523, 526-27 , reh’g denied (3/28/12), writ denied, 2012-0970 (La.6/22/12), 91 So.3d 971 . | 1 | 2014–2014 |
Johnson v. Myles & Myles, APLC
neutral
1 sentence2014Bijeaux v. Broyles, 2011-830, pp. 3-4 (La.App. 3 Cir. 2/8/12), 88 So.3d 523, 526-27 , reh’g denied (3/28/12), writ denied, 2012-0970 (La.6/22/12), 91 So.3d 971 . | 1 | 2014–2014 |
Miccol Enterprises, Inc. v. City of New Orleans
green
2 sentences2014Lastly, our Court considered that there was no evidence that the plaintiff received notification of an enforcement hearing that included information apprising the alleged violator, the plaintiff, of its “right to request an extension prior to an | ^administrative hearing to bring its property into compliance.” Id., 12-0864 at p. 13, 106 So.3d at 753 . 2014Lastly, our Court considered that there was no evidence that the plaintiff received notification of an enforcement hearing that included information apprising the alleged violator, the plaintiff, of its “right to request an extension prior to an | ^administrative hearing to bring its property into compliance.” Id., 12-0864 at p. 13, 106 So.3d at 753 . | 1 | 2014–2014 |
Coston v. Seo
green
1 sentence2013Bustamento v. Tucker, 607 So.2d 532, 537 (La.1992); Coston , p. 8, 99 So.3d at 88 . | 1 | 2013–2013 |
Abry Bros., Inc. v. Tillman
green
1 sentence1988NOTES [1] La.R.S. 9:4823(A)(2) provides in pertinent part: A privilege given by R.S. 9:4801, a claim against the owner and the privilege securing it granted by R.S. 9:4802, ... is extinguished if: (2) The claimant or holder of the privilege does not institute an action against the owner for the enforcement of the claim or privilege within one year after the expiration of the time given by R.S. 9:4822 for filing the statement of claim or privilege to preserve it. [2] Abry Brothers, 162 So.2d at 348 , specifically dealt with La.R.S. 9:4812, which has recently been changed. | 1 | 1988–1988 |
Ritchey v. Desser
green
1 sentence1969As stated in The Advertiser v. Tubbs, cited above, at 199 So.2d 427 : "To impede the progress of litigation by granting an appeal whenever statutory enforcement provisions of the discovery devices are invoked seems to us a policy most unwise, for the every purpose of discovery devices is to reduce the delays inherent in the enforcement and defense of legal rights. | 1 | 1969–1969 |
Gorman v. United Theatres, Inc.
green
1 sentence1944It is conceded that in the absence of a special statute, the proprietor of a theatre may exclude anyone, with or without reason, as was expressly held by this Court in Gorman et al. v. United Theatres, 177 So. 463 , but counsel points to Act 38 of 1869, now incorporated in the Revised Statutes as Section 456. | 1 | 1944–1944 |
Erwin v. Lowry
green
1 sentence1942See footnote 1932 Edition Dart's Louisiana Code of Practice-Art. 13, pages 7 and 8: "Remedies are controlled by the laws of the state where the remedy is sought; prescription is a question affecting the remedy; prescription, then, is governed by the lex fori, and not the lex loci contractus, Union Cotton Manufactory v. Lobdell, 7 Mart., N.S., 108; Erwin v. Lowry, 2 La.Ann. 314 , 46 Am.Dec. 545; Newman v. Goza, 2 La.Ann. 642 ; Lacoste v. Benton, 3 La.Ann. 220 ; Brown v. Stone, 4 La.Ann. 235 ; Bacon v. Dahlgreen, 7 La.Ann. 599 ; Succession of Lucas, 11 La.Ann. 296 ; Tompkins v. Prentice, 12 La.A | 1 | 1942–1942 |
Newman v. Goza
neutral
1 sentence1942See footnote 1932 Edition Dart's Louisiana Code of Practice-Art. 13, pages 7 and 8: "Remedies are controlled by the laws of the state where the remedy is sought; prescription is a question affecting the remedy; prescription, then, is governed by the lex fori, and not the lex loci contractus, Union Cotton Manufactory v. Lobdell, 7 Mart., N.S., 108; Erwin v. Lowry, 2 La.Ann. 314 , 46 Am.Dec. 545; Newman v. Goza, 2 La.Ann. 642 ; Lacoste v. Benton, 3 La.Ann. 220 ; Brown v. Stone, 4 La.Ann. 235 ; Bacon v. Dahlgreen, 7 La.Ann. 599 ; Succession of Lucas, 11 La.Ann. 296 ; Tompkins v. Prentice, 12 La.A | 1 | 1942–1942 |
Lacoste v. Benton
green
1 sentence1942See footnote 1932 Edition Dart's Louisiana Code of Practice-Art. 13, pages 7 and 8: "Remedies are controlled by the laws of the state where the remedy is sought; prescription is a question affecting the remedy; prescription, then, is governed by the lex fori, and not the lex loci contractus, Union Cotton Manufactory v. Lobdell, 7 Mart., N.S., 108; Erwin v. Lowry, 2 La.Ann. 314 , 46 Am.Dec. 545; Newman v. Goza, 2 La.Ann. 642 ; Lacoste v. Benton, 3 La.Ann. 220 ; Brown v. Stone, 4 La.Ann. 235 ; Bacon v. Dahlgreen, 7 La.Ann. 599 ; Succession of Lucas, 11 La.Ann. 296 ; Tompkins v. Prentice, 12 La.A | 1 | 1942–1942 |
Brown v. Stone
neutral
1 sentence1942See footnote 1932 Edition Dart's Louisiana Code of Practice-Art. 13, pages 7 and 8: "Remedies are controlled by the laws of the state where the remedy is sought; prescription is a question affecting the remedy; prescription, then, is governed by the lex fori, and not the lex loci contractus, Union Cotton Manufactory v. Lobdell, 7 Mart., N.S., 108; Erwin v. Lowry, 2 La.Ann. 314 , 46 Am.Dec. 545; Newman v. Goza, 2 La.Ann. 642 ; Lacoste v. Benton, 3 La.Ann. 220 ; Brown v. Stone, 4 La.Ann. 235 ; Bacon v. Dahlgreen, 7 La.Ann. 599 ; Succession of Lucas, 11 La.Ann. 296 ; Tompkins v. Prentice, 12 La.A | 1 | 1942–1942 |
Bacon v. Dahlgreen
neutral
1 sentence1942See footnote 1932 Edition Dart's Louisiana Code of Practice-Art. 13, pages 7 and 8: "Remedies are controlled by the laws of the state where the remedy is sought; prescription is a question affecting the remedy; prescription, then, is governed by the lex fori, and not the lex loci contractus, Union Cotton Manufactory v. Lobdell, 7 Mart., N.S., 108; Erwin v. Lowry, 2 La.Ann. 314 , 46 Am.Dec. 545; Newman v. Goza, 2 La.Ann. 642 ; Lacoste v. Benton, 3 La.Ann. 220 ; Brown v. Stone, 4 La.Ann. 235 ; Bacon v. Dahlgreen, 7 La.Ann. 599 ; Succession of Lucas, 11 La.Ann. 296 ; Tompkins v. Prentice, 12 La.A | 1 | 1942–1942 |
Succession of Lucas
green
1 sentence1942See footnote 1932 Edition Dart's Louisiana Code of Practice-Art. 13, pages 7 and 8: "Remedies are controlled by the laws of the state where the remedy is sought; prescription is a question affecting the remedy; prescription, then, is governed by the lex fori, and not the lex loci contractus, Union Cotton Manufactory v. Lobdell, 7 Mart., N.S., 108; Erwin v. Lowry, 2 La.Ann. 314 , 46 Am.Dec. 545; Newman v. Goza, 2 La.Ann. 642 ; Lacoste v. Benton, 3 La.Ann. 220 ; Brown v. Stone, 4 La.Ann. 235 ; Bacon v. Dahlgreen, 7 La.Ann. 599 ; Succession of Lucas, 11 La.Ann. 296 ; Tompkins v. Prentice, 12 La.A | 1 | 1942–1942 |
Tompkins v. Prentice
green
1 sentence1942See footnote 1932 Edition Dart's Louisiana Code of Practice-Art. 13, pages 7 and 8: "Remedies are controlled by the laws of the state where the remedy is sought; prescription is a question affecting the remedy; prescription, then, is governed by the lex fori, and not the lex loci contractus, Union Cotton Manufactory v. Lobdell, 7 Mart., N.S., 108; Erwin v. Lowry, 2 La.Ann. 314 , 46 Am.Dec. 545; Newman v. Goza, 2 La.Ann. 642 ; Lacoste v. Benton, 3 La.Ann. 220 ; Brown v. Stone, 4 La.Ann. 235 ; Bacon v. Dahlgreen, 7 La.Ann. 599 ; Succession of Lucas, 11 La.Ann. 296 ; Tompkins v. Prentice, 12 La.A | 1 | 1942–1942 |
Tate v. Garland
neutral
1 sentence1942See footnote 1932 Edition Dart's Louisiana Code of Practice-Art. 13, pages 7 and 8: "Remedies are controlled by the laws of the state where the remedy is sought; prescription is a question affecting the remedy; prescription, then, is governed by the lex fori, and not the lex loci contractus, Union Cotton Manufactory v. Lobdell, 7 Mart., N.S., 108; Erwin v. Lowry, 2 La.Ann. 314 , 46 Am.Dec. 545; Newman v. Goza, 2 La.Ann. 642 ; Lacoste v. Benton, 3 La.Ann. 220 ; Brown v. Stone, 4 La.Ann. 235 ; Bacon v. Dahlgreen, 7 La.Ann. 599 ; Succession of Lucas, 11 La.Ann. 296 ; Tompkins v. Prentice, 12 La.A | 1 | 1942–1942 |
Walworth v. Routh
neutral
1 sentence1942See footnote 1932 Edition Dart's Louisiana Code of Practice-Art. 13, pages 7 and 8: "Remedies are controlled by the laws of the state where the remedy is sought; prescription is a question affecting the remedy; prescription, then, is governed by the lex fori, and not the lex loci contractus, Union Cotton Manufactory v. Lobdell, 7 Mart., N.S., 108; Erwin v. Lowry, 2 La.Ann. 314 , 46 Am.Dec. 545; Newman v. Goza, 2 La.Ann. 642 ; Lacoste v. Benton, 3 La.Ann. 220 ; Brown v. Stone, 4 La.Ann. 235 ; Bacon v. Dahlgreen, 7 La.Ann. 599 ; Succession of Lucas, 11 La.Ann. 296 ; Tompkins v. Prentice, 12 La.A | 1 | 1942–1942 |
Commercial Nat. Bank v. Richardson
green
2 sentences1930I:! the surety thus obtained a claim against Johnson and the right to sue him civilly for the enforcement of that claim, its forbearance in the exercise of its said rights was full and complete consideration ?or the contract which is herein sued on, because our Supreme Court has said, in Commercial National Bank v. Richardson, 163 La. 933 , 113 So. 152 , 154: “Moreover, under our law, ‘a debt due by another is a sufficient consideration to sup'port the promise of a third person to pay it.’ ” Also, in Flood v. Thomas, 5 Mart. 1930I:! the surety thus obtained a claim against Johnson and the right to sue him civilly for the enforcement of that claim, its forbearance in the exercise of its said rights was full and complete consideration ?or the contract which is herein sued on, because our Supreme Court has said, in Commercial National Bank v. Richardson, 163 La. 933 , 113 So. 152 , 154: “Moreover, under our law, ‘a debt due by another is a sufficient consideration to sup'port the promise of a third person to pay it.’ ” Also, in Flood v. Thomas, 5 Mart. | 1 | 1930–1930 |
State ex rel. Perkins v. Recorder of Mortgages
neutral
1 sentence1906Recorder, 111 La. 236 -241, in which the Supreme Court said: “That being the case, and the present suit which was pending when the Constitution was adopted, having since then operated to prevent the enforcement of the privileges in question, it follows that they are still alive.” The plaintiff, however, urges that the City is estopped from invoking the benefit of the maxim because “It has assessed the said property to Maybin Hart continuously since 1887 to 1904 and to McDonald from 1870 to 1887, that it bas advertised offered and sold said property as the property of said McDonald and has trea | 1 | 1906–1906 |
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.