identity of parties requirement (Louisiana) · Go Syfert
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identity of parties requirement in Louisiana

10 Louisiana opinions name it 1 courts 1974–2020 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.

Followed or applied (3)

CaseFollowedCited
Fincher v. Insurance Corp. of Americagreen
lactapp · 1988 · cited in 5 Louisiana opinions naming this issue, 1993–2015
2 sentences

2015"By analogy, the identity of parties requirement for lis pendens is also not an absolute requirement, but turns on whether the parties added or omitted would be necessary to reach a judgment on all of the issues asserted against the common parties in both suits.” Fincher v. Insurance Corporation of America, 521 So.2d 488, 490 (La.App. 4 Cir.1988).

2006"By analogy, the identity of parties requirement for lis pendens is also not an absolute requirement, but turns on whether the parties added or omitted would be necessary to reach a judgment on all of the issues asserted against the common parties in both suits." Fincher v. Insurance Corporation of America, 521 So.2d 488, 490 (La.App. 4 Cir.1988).

35
Smith v. Manville Forest Products Corp.green
la · 1988 · cited in 2 Louisiana opinions naming this issue, 1993–2020
2 sentences

2020App. 4th Cir. 1988), writ denied, 522 So.2d 570 (La. 1988) (“the identity of parties requirement for lis pendens is also not an absolute requirement, but turns on whether the parties added or omitted would be necessary to reach a judgment on all of the issues asserted against the common parties in both suits”).

1993Fincher v. Insurance Corp. of America, 521 So.2d 488, 490 (La.App. 4th Cir.1988), writ denied, 522 So.2d 570 (La.1988).

12
Welch v. Crown Zellerbach Corp.green
la · 1978 · cited in 1 Louisiana opinions naming this issue, 2002–2002
1 sentence

2002Conversely, Ochsner argues that the identity of parties requirement is met whenever the same parties, their successors, or others appear so long as they share the same "quality" as parties, citing Welch v. Crown Zellerbach Corporation, 359 So.2d 154, 156 (La.1978).

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
Fire & Casualty Insurance Co. v. Sewerage & Water Board neutral
lactapp · 2002
2 sentences

2011Co. of Connecticut v. Sewerage and Water Bd. of New Orleans, 01-0898, p. 7 (La.App. 4 Cir. 5/29/02), 820 So.2d 632 , 635: The identity of parties requirement for lis pendens is not an absolute requirement, but turns on whether the | inparties added or omitted would be necessary to reach a judgment on all of the issues asserted against the common parties in both suits. [Emphasis added; citations omitted.] We agree with Stott’s position that Quick Recovery’s status as a third-party plaintiff in the Jefferson Parish litigation and as first-party plaintiff in the instant case does not defeat the “

2011Co. of Connecticut v. Sewerage and Water Bd. of New Orleans, 01-0898, p. 7 (La.App. 4 Cir. 5/29/02), 820 So.2d 632 , 635: The identity of parties requirement for lis pendens is not an absolute requirement, but turns on whether the parties added or omitted would be necessary to reach a judgment on all of the issues asserted against the common parties in both suits. [Emphasis added; citations omitted.] We agree with Stolt's position that Quick Recovery's status as a third-party plaintiff in the Jefferson Parish litigation and as first-party plaintiff in the instant case does not defeat the "same

12011–2011
Lastie v. Warden green
lactapp · 1992
1 sentence

2002Id.

12002–2002
Muntz v. Algiers & G. St. Ry. Co. neutral
· 1906
2 sentences

1974See: Muntz v. Algiers & Gretna Street Railway Co., 116 La. 236 , 40 So. 688 (1906), lessors vicarious liability for lessee's action; McKnight v. State, supra, respondeat superior; and Bowman v. Liberty Mutual Insurance Co., 149 So.2d 723 (1st La.App.1963), employer's liability for negligence of employee.

1974See: Muntz v. Algiers & Gretna Street Railway Co., 116 La. 236 , 40 So. 688 (1906), lessors vicarious liability for lessee's action; McKnight v. State, supra, respondeat superior; and Bowman v. Liberty Mutual Insurance Co., 149 So.2d 723 (1st La.App.1963), employer's liability for negligence of employee.

11974–1974
Bowman v. Liberty Mutual Insurance Company neutral
lactapp · 1963
1 sentence

1974See: Muntz v. Algiers & Gretna Street Railway Co., 116 La. 236 , 40 So. 688 (1906), lessors vicarious liability for lessee's action; McKnight v. State, supra, respondeat superior; and Bowman v. Liberty Mutual Insurance Co., 149 So.2d 723 (1st La.App.1963), employer's liability for negligence of employee.

11974–1974

Statutes the citing opinions construe

LA § La. Rev. Stat. § 13:4231 (4)

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

LA 10 (1974–2020) IN 7 (1979–1992) IL 5 (2014–2024) FL 4 (1983–2022) NJ 3 (1978–2007) ID 2 (2017–2018) CA 2 (1963–1974) CO 2 (2016–2016)

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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