13 Louisiana opinions name it 1 courts 1992–2014 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 |
|---|---|---|
Sampson v. Wendy's Management, Inc.green2 sentences2004Sampson, 593 So.2d at 339 . 1993As to the retaliatory discharge claim, the Louisiana Supreme Court recently held in Sampson v. Wendy's Management, Inc., 593 So.2d 336, 338 (La.1992) that "the cause of action created by LSA-R.S. 23:1361 constitutes a delictual employment law matter, as a statutory exception to employment at will, rather than a worker's compensation matter." The district court is a proper forum to hear such a claim. | 1 | 3 |
Smith v. Atlas Offshore Boat Service, Inc.green1 sentence2005Thus, although the trial court did not offer a break down of the award, considering the amount awarded in Smith v. Atlas Offshore Boat Service, Inc., 552 F.Supp. 128, 129-30 (S.D.Miss.1982), which was greater than $21,000.00, adjusting it for inflation and adding a reasonable award for lost wages and loss of future earning capacity, we cannot say that this award is manifestly erroneous. | 1 | 1 |
Bailey v. Martin Brower Co.green1 sentence2003See Bailey v. Martin Brower Co., 94-1179 (La.App. 1 Cir. 4/7/95) , 658 So.2d 1299 . | 1 | 1 |
Orr v. Bancroft Bag, Inc.green1 sentence2001See also Orr v. Bancroft Bag, Inc., 29,046, p. 2 (La.App.2d Cir.1/22/97), 687 So.2d 1068, 1070 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
King v. Career Training Specialists, Inc.
neutral
2 sentences2014King v. Career Training Specialists, Inc., 35,050 (La.App.2d Cir. 09/26/01), 795 So.2d 1223 . 2004King v. Career Training Specialists, Inc., 35,050 (La.App.2d Cir.9/26/01), 795 So.2d 1223 . | 2 | 2004–2014 |
Maquar v. Transit Management
green
2 sentences1999In Maquar v. Transit Management of Southeast Louisiana, Inc., 593 So.2d 365 (La.1992), the issue before the supreme court was whether a claim filed with OWC interrupted prescription on a retaliatory discharge claim. 1996Thus, we conclude that the running of prescription against the retaliatory discharge claim was tolled and the action was timely, if, as assumed for the purpose of analysis, the claim filed with OWCA adequately gave notice of a factual basis for a claim arising out of the employer’s discharge of plaintiff from employment.” 593 So.2d at 368 . | 2 | 1996–1999 |
Condoll v. Johns-Manville Sale Corp.
green
1 sentence2013The Spencer court cited Condoll v. Johns-Manville Sale Corp., 448 So.2d 169 (La.App. 5 Cir.1984) for the proposition that a general release may cover all present and future causes of action arising out of an employer-employee relationship. | 1 | 2013–2013 |
Spencer v. HOWARD, WEIL
green
1 sentence2013The court noted that her workers’ compensation release “contained no reservation of rights to pursue the retaliatory discharge claim, nor did it exclude that cause of action from the effects of the release.” Id. at 551 . | 1 | 2013–2013 |
Hebert v. LOUISIANA DOTD
neutral
1 sentence2010(See also Hebert v. Louisiana Dept. of Transportation and Development, 630 So.2d 318 (La.App. 5th Cir.1993), an appeal from a hearing officer ruling on a claim for worker’s compensation benefits in which the court determined that a retaliatory discharge claim under R.S. 23:1361 must be brought in district court and not as part of a worker’s compensation proceeding.) The fact that Johnson styled her suit as one for retaliatory discharge does not end the inquiry into whether the district court has subject matter jurisdiction over her claim. | 1 | 2010–2010 |
Jerry Smith, Cross-Appellee v. Atlas Off-Shore Boat Service, Inc., Cross-Appellant
green
1 sentence2005Atlas properly characterized an employer's retaliatory discharge as "an intentional tort," and squarely placed the burden of proving the employer's subjective intent on the seaman. 653 F.2d at 1063-1064 . | 1 | 2005–2005 |
McDonald v. Television Management, Inc.
green
1 sentence2001Therefore, when considering a retaliatory discharge claim under LSA-R.S. 23:1361, the trial court is required "to ascertain the true reason for termination of the employee." McDonald , 93-2493 at 5, 643 So.2d at 805 . | 1 | 2001–2001 |
Parker v. Southern American Ins. Co.
green
1 sentence1992We note the recent Supreme Court decision in Parker v. Southern American Insurance Co., 590 So.2d 55 (La.1991), which reversed our decision in the same case at 578 So.2d 1021 (La.App. 3 Cir.1991). | 1 | 1992–1992 |
Parker v. Southern American Ins. Co.
green
1 sentence1992We note the recent Supreme Court decision in Parker v. Southern American Insurance Co., 590 So.2d 55 (La.1991), which reversed our decision in the same case at 578 So.2d 1021 (La.App. 3 Cir.1991). | 1 | 1992–1992 |
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.