creation bar (Louisiana) · Go Syfert
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creation bar in Louisiana

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.

Followed or applied (2)

CaseFollowedCited
Bazley v. Tortorichgreen
la · 1981 · cited in 1 Louisiana opinions naming this issue, 2000–2000
1 sentence

2000This "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

11
County Court of Ulster Cty. v. Allengreen
scotus · 1979 · cited in 1 Louisiana opinions naming this issue, 1981–1981
2 sentences

1981See 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).

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 (7)

CaseCitedYears
In Re Mundy green
la · 1942
2 sentences

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).

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).

31986–1989
Louisiana State Bar Association v. Edwins green
la · 1976
2 sentences

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).

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).

31986–1989
Succession of Smith v. Kavanaugh, Pierson & Talley green
la · 1987
1 sentence

2000The 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.

12000–2000
State v. Aucoin green
la · 1978
1 sentence

1989In 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.

11989–1989
State v. Taylor green
la · 1981
1 sentence

1981See County Court of Ulster County v. Allen, supra; State v. Taylor, 396 So.2d 1278 (La.1981).

11981–1981
Hawayek v. Simmons green
lactapp · 1956
2 sentences

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.

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.

11962–1962
Rose v. Eunice Electric Theatre Co. neutral
la · 1923
1 sentence

1928Eunice Electric Theatre Company cases, reported in the 154 La., pages 81 to 103, 97 So. 322 to 330.

11928–1928

Statutes the citing opinions construe

LA § La. Rev. Stat. § 37:211 (3)

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.

Where else courts name it

PA 30 (1930–2022) CA 26 (1944–2025) FL 21 (1964–2017) TX 17 (1923–2025) NJ 15 (1972–2018) MD 14 (1978–2026) NY 12 (1909–2017) MI 11 (1978–2022) LA 10 (1928–2000) GA 8 (1928–2023) IL 8 (1945–2022) MN 8 (1953–1999) WV 7 (1982–2021) NC 6 (1983–2015) OH 6 (1998–2021) AL 6 (1944–1999) WA 6 (1942–2018) IN 6 (1997–2024) VA 6 (1989–2018) WI 5 (1982–2025) OK 5 (1957–2016) CO 4 (1975–2001) MO 4 (1911–2003) RI 3 (1983–2003) OR 3 (1977–2024) DE 3 (1989–2024) IA 3 (1968–1997) VT 3 (1983–2007) AK 2 (1971–1998) DC 2 (1992–1993) WY 2 (1983–2004) SD 2 (2006–2006) NM 2 (2002–2006) MS 2 (1988–1991) ND 2 (1997–2025) KY 2 (1999–2004) TN 2 (1951–2004) AZ 2 (1985–1991) MA 2 (1978–2018) CT 2 (1923–2014)

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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