12 Louisiana opinions name it 2 courts 1953–2020 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 |
|---|---|---|
State in Interest of Brecheengreen1 sentence1998State in Interest of Brecheen, 264 So.2d 779, 782 (La.App. 1 Cir.1972), writ refused, 262 La. 1175 , 266 So.2d 450 (La.1972). | 1 | 1 |
Clifton v. Koontzgreen2 sentences1994The substantive law applicable to this matter is LSA-R.S. 31:124, whose Comment concludes as follows: The manner in which the test for production in paying quantities is stated in Article 124 is articulated well in the decision of the Texas Supreme Court in Clifton v. Koontz, [ 160 Tex. 82 ], 325 S.W.2d 684, 691 (1959): "... [T]he standard by which paying quantities is determined is whether or not under all the relevant circumstances a reasonably prudent operator would, for the purpose of making a profit and not merely for speculation, continue to operate a well in the manner in which the well 1994The substantive law applicable to this matter is LSA-R.S. 31:124, whose Comment concludes as follows: The manner in which the test for production in paying quantities is stated in Article 124 is articulated well in the decision of the Texas Supreme Court in Clifton v. Koontz, [ 160 Tex. 82 ], 325 S.W.2d 684, 691 (1959): "... [T]he standard by which paying quantities is determined is whether or not under all the relevant circumstances a reasonably prudent operator would, for the purpose of making a profit and not merely for speculation, continue to operate a well in the manner in which the well | 1 | 1 |
Cahill v. Schultzgreen1 sentence1989Compare Employers Mutual Liability Insurance Company of Wisconsin v. Dixon, 425 So.2d 885 (La.App. 4th Cir. 1983) (concluding that the event in which the aggravation occurs must be reasonably foreseeable) with Cahill, 521 So.2d at 444-446 (Ciaccio, J., dissenting) (stating that what must be foreseeable is the probability of aggravation, that is, the predisposition of the victim to future injury, not the method by which the aggravation is caused). | 1 | 1 |
Emp. Mut. Liab. Ins. Co. of Wis. v. Dixongreen1 sentence1989Compare Employers Mutual Liability Insurance Company of Wisconsin v. Dixon, 425 So.2d 885 (La.App. 4th Cir. 1983) (concluding that the event in which the aggravation occurs must be reasonably foreseeable) with Cahill, 521 So.2d at 444-446 (Ciaccio, J., dissenting) (stating that what must be foreseeable is the probability of aggravation, that is, the predisposition of the victim to future injury, not the method by which the aggravation is caused). | 1 | 1 |
State v. Eamesgreen1 sentence1987State v. Eames, 365 So.2d 1361, 1367 (La.1978). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Shannon v. Vannoy
green
2 sentences2020Shannon, 251 So. 3d at 448 . 2019Shannon, 251 So. 3d at 448 . | 2 | 2019–2020 |
State ex rel. M.A.N.
green
1 sentence2014DISCUSSION Standard of Review “We review a trial court’s determination as to whether parental rights should be terminated according to the manifest error standard of review.” State in Interest of M.A.N., 12-946, p. 3 (La.App. 3 Cir. 12/28/12), 106 So.3d 288, 290-91 . | 1 | 2014–2014 |
State v. Armstrong
green
1 sentence1999State v. Armstrong, supra . | 1 | 1999–1999 |
Martin v. Cheramie
green
1 sentence1998State in Interest of Brecheen, 264 So.2d 779, 782 (La.App. 1 Cir.1972), writ refused, 262 La. 1175 , 266 So.2d 450 (La.1972). | 1 | 1998–1998 |
In re State ex rel. Brecheen
green
1 sentence1998State in Interest of Brecheen, 264 So.2d 779, 782 (La.App. 1 Cir.1972), writ refused, 262 La. 1175 , 266 So.2d 450 (La.1972). | 1 | 1998–1998 |
State v. Clark
green
1 sentence1990The manner in which this test is conducted is set forth in State v. Clark, 762 P.2d 853 (Mont.1988); In the HGN test, the driver is asked to cover one eye and focus the other on an object held by the officer at the driver's eye level. | 1 | 1990–1990 |
Small v. Levy
green
1 sentence1990Small v. Levy, 355 So.2d 643 (La.App. 4th Cir.1978) (Boutall, J., concurring) (Beer, J., concurring) writ denied, 361 So.2d 450 (La.1978). | 1 | 1990–1990 |
Poche v. Jenkins
neutral
1 sentence1990Small v. Levy, 355 So.2d 643 (La.App. 4th Cir.1978) (Boutall, J., concurring) (Beer, J., concurring) writ denied, 361 So.2d 450 (La.1978). | 1 | 1990–1990 |
State v. Ford
green
1 sentence1987In State v. Ford, 489 So.2d 1250 (La.1986) [1] the Louisiana Supreme Court set forth the manner in which this rule was to be applied: This court continues to adhere to the standard established in Swain v. Alabama, 380 U.S. 202 , 85 S.Ct. 824 , 13 L.Ed.2d 759 (1965), realizing that the defendant is saddled with a difficult burden. | 1 | 1987–1987 |
Swain v. Alabama
red
2 sentences1987In State v. Ford, 489 So.2d 1250 (La.1986) [1] the Louisiana Supreme Court set forth the manner in which this rule was to be applied: This court continues to adhere to the standard established in Swain v. Alabama, 380 U.S. 202 , 85 S.Ct. 824 , 13 L.Ed.2d 759 (1965), realizing that the defendant is saddled with a difficult burden. 1987In State v. Ford, 489 So.2d 1250 (La.1986) [1] the Louisiana Supreme Court set forth the manner in which this rule was to be applied: This court continues to adhere to the standard established in Swain v. Alabama, 380 U.S. 202 , 85 S.Ct. 824 , 13 L.Ed.2d 759 (1965), realizing that the defendant is saddled with a difficult burden. | 1 | 1987–1987 |
Dixie Drive It Yourself System New Orleans Co. v. American Beverage Co.
green
1 sentence1969It is evident that the holding of the court was that the failure of the parked truck to display flares was not a cause-in-fact of the collision between the other two vehicles.” (See 137 So.2d at page 307 . | 1 | 1969–1969 |
Bourgeois v. Longman
neutral
1 sentence1953As was stated in the case of Williams v. Pelican Creamery, Inc., La.App., 30 So.2d 574 , 577: “Suffice it to say that the violation of a law regulating highway traffic does not constitute ‘negligence per se’, but to hold one who violates the law responsible in damages it must appear that the manner of violation was one of the proximate causes of accident and resulting injury.” See also thfe case of Bourgeois v. Longman, La.App., 199 So. 142 . | 1 | 1953–1953 |
Williams v. Pelican Creamery
neutral
1 sentence1953As was stated in the case of Williams v. Pelican Creamery, Inc., La.App., 30 So.2d 574 , 577: “Suffice it to say that the violation of a law regulating highway traffic does not constitute ‘negligence per se’, but to hold one who violates the law responsible in damages it must appear that the manner of violation was one of the proximate causes of accident and resulting injury.” See also thfe case of Bourgeois v. Longman, La.App., 199 So. 142 . | 1 | 1953–1953 |
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.