defined exception (Louisiana) · Go Syfert
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defined exception in Louisiana

10 Louisiana opinions name it 2 courts 1948–2001 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 (6)

CaseFollowedCited
Canter v. Koehring Companygreen
la · 1973 · cited in 2 Louisiana opinions naming this issue, 2000–2001
2 sentences

2001In Canter v. Koehring Co., 283 So.2d 716, 724 (La.1973), this court defined that standard in the following manner: When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a reasonable factual basis for the trial court’s finding, on review the appellate court should not disturb this factual finding in the absence of manifest error.

2000In Canter v. Koehring Co., 283 So.2d 716, 724 (La.1973), this court defined that standard in the following manner: *333 When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a reasonable factual basis for the trial court's finding, on review the appellate court should not disturb this factual finding in the absence of manifest error.

22
State v. Petersgreen
la · 1981 · cited in 1 Louisiana opinions naming this issue, 2001–2001
1 sentence

2001See, e.g., State v. Square, 257 La. 743 , 244 So.2d 200, 217-18 (La.1971) ("We recognized then, and we reiterate today, the legislative mandate to preserve grand jury secrecy unless a clearly defined exception is announced by the Legislature."); State v. Peters, 406 So.2d 189, 191 ("An accused's constitutional rights cannot be thwarted by state law.").

11
State v. Squaregreen
la · 1971 · cited in 1 Louisiana opinions naming this issue, 2001–2001
2 sentences

2001See, e.g., State v. Square, 257 La. 743 , 244 So.2d 200, 217-18 (La.1971) ("We recognized then, and we reiterate today, the legislative mandate to preserve grand jury secrecy unless a clearly defined exception is announced by the Legislature."); State v. Peters, 406 So.2d 189, 191 ("An accused's constitutional rights cannot be thwarted by state law.").

2001See, e.g., State v. Square, 257 La. 743 , 244 So.2d 200, 217-18 (La.1971) ("We recognized then, and we reiterate today, the legislative mandate to preserve grand jury secrecy unless a clearly defined exception is announced by the Legislature."); State v. Peters, 406 So.2d 189, 191 ("An accused's constitutional rights cannot be thwarted by state law.").

11
Hay v. SEARS ROEBUCK & COMPANYgreen
lactapp · 1969 · cited in 1 Louisiana opinions naming this issue, 1976–1976
1 sentence

1976In the case of Hay v. Sears, Roebuck & Company, 224 So.2d 496, 498 (3rd Cir. 1969) this Court defined the standard of care owed by a business establishment to its customers to be as follows: “The law applicable to the facts and circumstances presented here is well established.

11
State v. Hudsongreen
la · 1969 · cited in 1 Louisiana opinions naming this issue, 1971–1971
2 sentences

1971See also State v. Hudson, 253 La. 992 , 221 So.2d 484 (1969).

1971See also State v. Hudson, 253 La. 992 , 221 So.2d 484 (1969).

11
Conners v. Houma Packing Co.green
lactapp · 1929 · cited in 1 Louisiana opinions naming this issue, 1948–1948
1 sentence

1948See Conners v. Houma Packing Co., Inc., et al., 12 La.

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 (4)

CaseCitedYears
Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc. green
la · 1981
1 sentence

1990Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La.1981).

11990–1990
Brown v. Liberty Mutual Insurance Company green
la · 1958
2 sentences

1979Brown v. Liberty Mutual Insurance Co., 234 La. 860 , 101 So.2d 696 (1958) in which the Court defined the standard under Article 2315 as a "common-sense test ... how would a reasonably prudent man have acted or what precautions would he have taken if faced with similar conditions and circumstances?"

1979Brown v. Liberty Mutual Insurance Co., 234 La. 860 , 101 So.2d 696 (1958) in which the Court defined the standard under Article 2315 as a "common-sense test ... how would a reasonably prudent man have acted or what precautions would he have taken if faced with similar conditions and circumstances?"

11979–1979
Stovall v. Denno green
scotus · 1967
2 sentences

1967For Stovall v. Denno, 388 U.S. 293 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 , declared unmistakably “that Wade * * affect only those cases and all future cases which involve confrontations for identification purposes conducted in the absence of counsel after this date (June 12, 1967).” (Parentheses added.) The lineup in the case at bar, of course, occurred years before the Wade Case decision and it is unaffected thereby.

1967For Stovall v. Denno, 388 U.S. 293 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 , declared unmistakably “that Wade * * affect only those cases and all future cases which involve confrontations for identification purposes conducted in the absence of counsel after this date (June 12, 1967).” (Parentheses added.) The lineup in the case at bar, of course, occurred years before the Wade Case decision and it is unaffected thereby.

11967–1967
Michelli v. Rheem Mfg. Co. green
lactapp · 1948
1 sentence

1952The principle is well stated in Michelli v. Rheem Manufacturing Company, La.App., 34 So.2d 264, 270 , as follows: “It is a well defined rule of law that he who by his negligence creates a dangerous situation is liable to one who, acting as a reasonably prudent person would act, is injured while attempting to avoid the created danger.” For the reasons assigned the judgment appealed from is affirmed at appellant’s cost.

11952–1952

Statutes the citing opinions construe

LA § La. Rev. Stat. § 3 (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 33 (1939–2025) IL 23 (1897–2009) NY 23 (1902–2026) CA 19 (1930–2021) NJ 18 (1926–2024) TX 17 (1922–2008) OH 14 (1959–2026) AL 12 (1896–2011) LA 10 (1948–2001) MA 9 (1932–2025) KS 9 (1967–2018) MN 9 (1918–1997) MI 8 (1924–2025) CT 7 (1982–2020) NE 7 (1903–2009) IA 7 (1924–2011) WY 7 (1987–2014) IN 7 (1939–2018) MD 6 (1975–2022) NC 6 (1904–2014) AR 6 (1870–2015) KY 5 (1929–2026) TN 4 (1931–2004) WI 4 (1919–1995) OR 4 (1895–2006) MO 4 (1918–2015) AK 3 (1986–2023) MT 3 (1953–1996) FL 3 (1943–1999) ID 3 (1992–2013) CO 3 (1983–2011) WA 2 (1986–2016) AZ 2 (1985–1996) WV 2 (1982–1983) OK 2 (1930–1930)

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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