enforcement claim (Louisiana) · Go Syfert
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enforcement claim in Louisiana

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.

Followed or applied (3)

CaseFollowedCited
Avondale Shipyards, Inc. v. Billy R. Vinson, and Director, Office of Workers' Compensation Programs, United States Department of Laborgreen
ca5 · 1980 · cited in 1 Louisiana opinions naming this issue, 2016–2016
1 sentence

2016See 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).

11
Bustamento v. Tuckergreen
la · 1992 · cited in 1 Louisiana opinions naming this issue, 2013–2013
1 sentence

2013Bustamento v. Tucker, 607 So.2d 532, 537 (La.1992); Coston , p. 8, 99 So.3d at 88 .

11
Brown v. Drillers, Inc.green
la · 1994 · cited in 1 Louisiana opinions naming this issue, 1995–1995
1 sentence

1995See Brown v. Drillers, supra, at page 747[2-5].

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 (21)

CaseCitedYears
Crosby v. Sahuque Realty Co. green
lactapp · 2013
2 sentences

2023App. 4 Cir. 8/21/13), 122 So.3d 1197, 1202 ).

2021App. 4 Cir. 8/21/13), 122 So. 3d 1197, 1202 .

22021–2023
Landry v. BLAISE, INCORPORATED green
lactapp · 2000
1 sentence

2021App. 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.

12021–2021
Rando v. Anco Insulations Inc. red
la · 2009
1 sentence

2014Of 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 .

12014–2014
Succession of Bijeaux v. Broyles green
lactapp · 2012
1 sentence

2014Bijeaux 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 .

12014–2014
Johnson v. Myles & Myles, APLC neutral
la · 2012
1 sentence

2014Bijeaux 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 .

12014–2014
Miccol Enterprises, Inc. v. City of New Orleans green
lactapp · 2012
2 sentences

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 .

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 .

12014–2014
Coston v. Seo green
lactapp · 2012
1 sentence

2013Bustamento v. Tucker, 607 So.2d 532, 537 (La.1992); Coston , p. 8, 99 So.3d at 88 .

12013–2013
Abry Bros., Inc. v. Tillman green
la · 1964
1 sentence

1988NOTES [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.

11988–1988
Ritchey v. Desser green
lactapp · 1967
1 sentence

1969As 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.

11969–1969
Gorman v. United Theatres, Inc. green
lactapp · 1937
1 sentence

1944It 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.

11944–1944
Erwin v. Lowry green
la · 1847
1 sentence

1942See 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

11942–1942
Newman v. Goza neutral
· 1847
1 sentence

1942See 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

11942–1942
Lacoste v. Benton green
la · 1848
1 sentence

1942See 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

11942–1942
Brown v. Stone neutral
la · 1849
1 sentence

1942See 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

11942–1942
Bacon v. Dahlgreen neutral
· 1852
1 sentence

1942See 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

11942–1942
Succession of Lucas green
la · 1856
1 sentence

1942See 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

11942–1942
Tompkins v. Prentice green
la · 1857
1 sentence

1942See 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

11942–1942
Tate v. Garland neutral
la · 1857
1 sentence

1942See 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

11942–1942
Walworth v. Routh neutral
la · 1859
1 sentence

1942See 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

11942–1942
Commercial Nat. Bank v. Richardson green
la · 1927
2 sentences

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.

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.

11930–1930
State ex rel. Perkins v. Recorder of Mortgages neutral
la · 1902
1 sentence

1906Recorder, 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

11906–1906

Where else courts name it

TX 85 (1902–2025) NY 76 (1880–2025) IL 41 (1881–2023) PA 37 (1895–2026) AL 35 (1877–2026) CA 33 (1898–2025) MO 32 (1891–2018) OK 28 (1911–2020) MD 24 (1869–2026) AK 23 (1970–2018) NJ 21 (1951–2024) AR 20 (1909–2025) FL 18 (1889–2018) KS 17 (1895–2024) MS 17 (1895–2023) IN 16 (1894–2024) HI 16 (1969–2025) IA 15 (1871–2014) NC 14 (1903–2025) WA 13 (1905–2018) MI 13 (1878–2019) GA 13 (1936–2020) OH 13 (1910–2020) LA 13 (1906–2023) CT 12 (1926–2025) TN 11 (1897–2015) WI 11 (1899–2010) NE 10 (1891–2020) AZ 10 (1933–2022) OR 9 (1914–2005) MA 9 (1921–2026) KY 7 (1911–1970) DC 7 (1902–2017) SC 7 (1887–2011) MT 6 (1913–2006) MN 5 (1889–1982) ME 5 (1879–1993) VA 4 (1886–1952) NM 4 (1918–2003) CO 4 (1910–2007) WV 4 (1905–1992) DE 3 (1992–2025) ID 3 (1908–1963) WY 3 (1908–1964) UT 3 (1935–2009) VT 2 (1962–1988) VI 2 (2001–2006) SD 2 (1894–1909)

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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