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10 Louisiana opinions name it 2 courts 1987–2024 3 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 |
|---|---|---|
McDonald v. Champagnegreen1 sentence2003McDonald v. Champagne, 340 So.2d 1025, 1026 (La.App. 1 Cir.1976). | 1 | 1 |
Frazier v. Freemangreen1 sentence2002See Frazier v. Freeman, 481 So.2d 184 (La.App. 1st Cir.1985); see also American Bank v. Saxena, 553 So.2d 836, 844 (La.1989); Buck's Run Enterprises, Inc. v. Mapp Construction, Inc., XXXX-XXXX, p. 4 (La.App. 1st Cir.2/16/01), 808 So.2d 428, 431 . | 1 | 1 |
American Bank v. Saxenagreen1 sentence2002See Frazier v. Freeman, 481 So.2d 184 (La.App. 1st Cir.1985); see also American Bank v. Saxena, 553 So.2d 836, 844 (La.1989); Buck's Run Enterprises, Inc. v. Mapp Construction, Inc., XXXX-XXXX, p. 4 (La.App. 1st Cir.2/16/01), 808 So.2d 428, 431 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lad Services of Louisiana, L.L.C. v. Superior Derrick Services, L.L.C.
neutral
2 sentences2024App. 1st Cir. 11/7/14), 167 So.3d 746, 756 , writ not considered[,] 2015-0086 (La. 4/2/15), 162 So.3d 392 , our disposition of the exceptions of subject matter jurisdiction, therefore, necessarily disposes of Access Health’s affirmative defense contention. 2023App. 1st Cir. 11/ 7/ l4), 167 So.3d 746, 756 , writ not considered, 2015- 0086 ( La. 4/ 2/ 15), 162 So. 3d 392 , our disposition of the exceptions of subject matter jurisdiction, therefore, necessarily disposes of Access Health' s affirmative defense contention. 1 See La. | 2 | 2023–2024 |
LAD Services of Louisiana, L.L.C. v. Superior Derrick Services, LLC
green
2 sentences2024App. 1st Cir. 11/7/14), 167 So.3d 746, 756 , writ not considered[,] 2015-0086 (La. 4/2/15), 162 So.3d 392 , our disposition of the exceptions of subject matter jurisdiction, therefore, necessarily disposes of Access Health’s affirmative defense contention. 2023App. 1st Cir. 11/ 7/ l4), 167 So.3d 746, 756 , writ not considered, 2015- 0086 ( La. 4/ 2/ 15), 162 So. 3d 392 , our disposition of the exceptions of subject matter jurisdiction, therefore, necessarily disposes of Access Health' s affirmative defense contention. 1 See La. | 2 | 2023–2024 |
Hurst v. Judson
neutral
2 sentences2014Hurst v. Judson, 02-2412 (La.App. 1st Cir.7/2/03), 859 So.2d 53, 55 . 2012Hurst v. Judson, 2002-2412 (La.App. 1st Cir.7/2/03), 859 So.2d 53, 55 . | 2 | 2012–2014 |
Brannon v. Shelter Mut. Ins. Co.
green
2 sentences2008Id. at 197 . 1997The same standard applies under Brannon , cited swpra: The party asserting the affirmative defense of sudden unconsciousness must show that the accident resulted from ... unforeseeable circumstances beyond his control (and to which he did not contribute), [that is,] ... that his conduct in no wise contributed to the accident.... [I]n order to be | ^exonerated, he must establish his freedom from all fault ... by clear and convincing evidence. 507 So.2d at 196-97 . | 2 | 1997–2008 |
BARABAY PROP. HOLD. CORP. v. Boh Bros. Const. Co., LLC
green
1 sentence2021Barabay, 991 So. 2d at 79 .; LSA- C. | 1 | 2021–2021 |
Buck's Run Enterprises, Inc. v. Mapp Const., Inc.
green
1 sentence2002See Frazier v. Freeman, 481 So.2d 184 (La.App. 1st Cir.1985); see also American Bank v. Saxena, 553 So.2d 836, 844 (La.1989); Buck's Run Enterprises, Inc. v. Mapp Construction, Inc., XXXX-XXXX, p. 4 (La.App. 1st Cir.2/16/01), 808 So.2d 428, 431 . | 1 | 2002–2002 |
Reliance Insurance Company v. T. DICKENS
neutral
1 sentence1987Reliance Insurance Co. v. Dickens, supra and Dull v. Employers Liability Assurance Corp., supra. "Clear and convincing evidence" is an intermediate standard of persuasion. | 1 | 1987–1987 |
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.