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10 Louisiana opinions name it 2 courts 1928–2000 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 |
|---|---|---|
Bazley v. Tortorichgreen1 sentence2000This "intentional act" exclusion would not apply where an employer arbitrarily and capriciously denies benefits without knowing death or injury is substantially certain to follow because such a denial of benefits does not rise to the level of an "intentional act." However, where an act is arbitrary and capricious and intentional, in that "the actor knows that the consequences are certain, or substantially certain, to result from his act, and still goes ahead," Bazley v. Tortorich, 397 So.2d 475, 482 (La.1981), then the "intentional act" exclusion applies and the exclusive remedy rule is inappl | 1 | 1 |
County Court of Ulster Cty. v. Allengreen2 sentences1981See County Court of Ulster County v. Allen, 442 U.S. 140 , 99 S.Ct. 2213 , 60 L.Ed.2d 777 (1979). 1981See County Court of Ulster County v. Allen, 442 U.S. 140 , 99 S.Ct. 2213 , 60 L.Ed.2d 777 (1979). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Mundy
green
2 sentences1989Rules of Supreme Court of Louisiana, Rule 19 (1973); La.R.S. 37:211, LSBA v. Edwins, 329 So.2d 437 (1976); In re Mundy, 202 La. 41 , 11 So.2d 398 (1942); Hood, Renewed Emphasis on Professional Responsibility, 35 La.L.Rev. 719 (1975). 1989Rules of Supreme Court of Louisiana, Rule 19 (1973); La.R.S. 37:211, LSBA v. Edwins, 329 So.2d 437 (1976); In re Mundy, 202 La. 41 , 11 So.2d 398 (1942); Hood, Renewed Emphasis on Professional Responsibility, 35 La.L.Rev. 719 (1975). | 3 | 1986–1989 |
Louisiana State Bar Association v. Edwins
green
2 sentences1989Rules of Supreme Court of Louisiana, Rule 19 (1973); La.R.S. 37:211, LSBA v. Edwins, 329 So.2d 437 (1976); In re Mundy, 202 La. 41 , 11 So.2d 398 (1942); Hood, Renewed Emphasis on Professional Responsibility, 35 La.L.Rev. 719 (1975). 1988Rules of Supreme Court of Louisiana, Rule 19 (1973); La.R.S. 37:211, LSBA v. Edwins, 329 So.2d 437 (1976); In re Mundy, 202 La. 41 , 11 So.2d 398 (La.1942); Hood, Renewed Emphasis on Professional Responsibility, 35 La.L.Rev. 719 (1975). | 3 | 1986–1989 |
Succession of Smith v. Kavanaugh, Pierson & Talley
green
1 sentence2000The abuses so delineated, however, are not exclusive; and the holder of a privilege, whether arising from the attorney-client or other protected relationships, may waive it by engaging in affirmative acts that "creates some further detriment to the truth-seeking process in addition to that already taken into account in the creation of the privilege itself." Succession of Smith, 513 So.2d at 1143 , citing Richard L. | 1 | 2000–2000 |
State v. Aucoin
green
1 sentence1989In State v. Aucoin, 362 So.2d 503 (La. 1978), Justice Tate cautioned against a mechanical application of the privilege: As the commentators note, the physician-patient privilege is not an incompetency statute, excluding certain witnesses or evidence because of presumed untrustworthiness. | 1 | 1989–1989 |
State v. Taylor
green
1 sentence1981See County Court of Ulster County v. Allen, supra; State v. Taylor, 396 So.2d 1278 (La.1981). | 1 | 1981–1981 |
Hawayek v. Simmons
green
2 sentences1962We quote the following from Hawayek v. Simmons, La.App., 91 So.2d 49 , 61 A.L.R. 2d 1254 : "The doctrine has been applied in a variety of cases by the courts of this state, and the theory underlying the doctrine is that the rights of a person *717 who is injured in an accident under circumstances which leave the cause of the accident unknown to him must be protected. 1962We quote the following from Hawayek v. Simmons, La.App., 91 So.2d 49 , 61 A.L.R. 2d 1254 : "The doctrine has been applied in a variety of cases by the courts of this state, and the theory underlying the doctrine is that the rights of a person *717 who is injured in an accident under circumstances which leave the cause of the accident unknown to him must be protected. | 1 | 1962–1962 |
Rose v. Eunice Electric Theatre Co.
neutral
1 sentence1928Eunice Electric Theatre Company cases, reported in the 154 La., pages 81 to 103, 97 So. 322 to 330. | 1 | 1928–1928 |
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.