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10 Louisiana opinions name it 1 courts 1985–2015 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 |
|---|---|---|
Youn v. Maritime Overseas Corp.green2 sentences1999Youn v. Maritime Overseas Corp., 623 So.2d 1257, 1260 (La.1993), cert. denied, 510 U.S. 1114 , 114 S.Ct. 1059 , 127 L.Ed.2d 379 (1994). 1998In Youn v. Maritime Overseas Corp., 623 So.2d at 1260 , (citing Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976)) the court stated: "Only after such a determination of an abuse of discretion is a resort to prior awards appropriate and then for the purpose of determining the highest or lowest point which is reasonably within that discretion." The trial court awarded damages for mental anguish [20] as follows. | 1 | 5 |
Rain CII Carbon LLC v. ConocoPhillips Co.green1 sentence2015Instead, it considers whether the Note and the “agreement sued upon” are separate distinguishable agreements. 11f)Applying the principles set forth in Saavedra, this Court is called to examine the allegations of fraud of the arbitration provision itself and those of the “agreement sued upon.” A review of the record demonstrates that “the allegations of fraud are substantially identical.” Rain, 12-0203, p. 10, 105 So.3d at 763 (emphasis added). | 1 | 1 |
State v. Mooregreen1 sentence1986See the comparative analysis done by this court in State v. Moore, supra. Viewing in context the entire instruction on reasonable doubt we find that the instruction is not erroneous and did not cause any prejudice by confusing the jury or misleading the jury into applying an insufficient standard. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Coco v. Winston Industries, Inc.
green
2 sentences1998In Youn v. Maritime Overseas Corp., 623 So.2d at 1260 , (citing Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976)) the court stated: "Only after such a determination of an abuse of discretion is a resort to prior awards appropriate and then for the purpose of determining the highest or lowest point which is reasonably within that discretion." The trial court awarded damages for mental anguish [20] as follows. 1996In Youn v. Maritime Overseas Corp., 623 So.2d at 1260 , citing Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976), the court stated: "Only after such a determination of an abuse of discretion is a resort to prior awards appropriate and then for the purpose of determining the highest or lowest point which is reasonably within that discretion." Safway and Shell urge the jury's damage awards were abusively high, and Shell has adopted and joined in Safway's argument. [23] *858 They argue the awards for the following items of damage were contrary to the weight of the evidence and the law: pa | 4 | 1994–1998 |
Thibodeaux v. USAA Cas. Ins. Co.
neutral
1 sentence2014Id. at pp. 8-9, 647 So.2d at 357 . | 1 | 2014–2014 |
Thomas Nelson, Inc. v. Harper House, Inc
green
1 sentence1999Youn v. Maritime Overseas Corp., 623 So.2d 1257, 1260 (La.1993), cert. denied, 510 U.S. 1114 , 114 S.Ct. 1059 , 127 L.Ed.2d 379 (1994). | 1 | 1999–1999 |
Lumley v. Hogsett
green
1 sentence1999Youn v. Maritime Overseas Corp., 623 So.2d 1257, 1260 (La.1993), cert. denied, 510 U.S. 1114 , 114 S.Ct. 1059 , 127 L.Ed.2d 379 (1994). | 1 | 1999–1999 |
Ramaswami v. Texas Department of Human Services
green
1 sentence1999Youn v. Maritime Overseas Corp., 623 So.2d 1257, 1260 (La.1993), cert. denied, 510 U.S. 1114 , 114 S.Ct. 1059 , 127 L.Ed.2d 379 (1994). | 1 | 1999–1999 |
Day v. Silver Oak Cas., Inc.
green
1 sentence1997Day v. Silver Oak Casualty, Inc., et al., 28,566 (La.App.2d Cir. 8/21/96), 679 So.2d 486 ; Thibodeaux v. USAA, supra. Only after such a determination of an abuse of discretion is a resort to prior awards appropriate and then only for the purpose of determining the highest or lowest point which is reasonably within that discretion. | 1 | 1997–1997 |
State v. MacK
green
1 sentence1986Defendants also rely on the holding of State v. Mack, 403 So.2d 8 (La.1981), wherein the court mandated a reading of La.C.Cr.P. | 1 | 1986–1986 |
Bernhardt v. Bernhardt
green
1 sentence1985This comparative analysis admits of an important exception found in the oft-cited Bernhardt v. Bernhardt, 283 So.2d 226 (La.1973), which limits a court's consideration of obligee spouse's need when the original need was consented to by the obligor spouse. | 1 | 1985–1985 |
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.