10 Louisiana opinions name it 2 courts 1984–2017 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 |
|---|---|---|
cluster 315529green2 sentences2013Covington also requested an enhancement based upon the twelve factors set forth in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-19 (1974), 1 such as the novelty or difficulty of the claim, the time and labor required to litigate the claim, and the extent to which the case hindered the attorney’s acceptance of other work. 2002Express, 488 F.2d 714 (5th Cir.1974), including the novelty and difficulty of the case, the skill required to perform the legal services, the customary fee, the amounts involved and results obtained, the time and labor required and awards in similar cases. | 2 | 3 |
Hughes v. Taltongreen1 sentence2017See Hughes v. Talton, 181 So.3d 10 (La.App. 5 Cir. 10/15/14). | 1 | 1 |
Cooper v. Coopergreen2 sentences2010From the outset, we observe that contrary to her argument, Article 134 mandates only that all factors relevant to the best interest of the child be considered; it then enumerates twelve factors which may be relevant to the best interest | ¡^determination. 1 As explained in Cooper v. Cooper, 43,244, p. 6 (La.App. 2 Cir. 3/12/08), 978 So.2d 1156, 1160 (citations omitted): The court is not bound to make a mechanical evaluation of all of the statutory factors listed in La. 2010From the outset, we observe that contrary to her argument, Article 134 mandates only that all factors relevant to the best interest of the child be considered; it then enumerates twelve factors which may be relevant to the best interest determination. [1] As explained in Cooper v. Cooper, 43,244, p. 6 (La.App. 2 Cir. *1013 3/12/08), 978 So.2d 1156, 1160 (citations omitted): The court is not bound to make a mechanical evaluation of all of the statutory factors listed in La. | 1 | 1 |
Kenneth T. Rainey, Cross v. Jackson State College, Etc., Crossgreen1 sentence1996Rainey v. Jackson State College, 551 F.2d 672, 676 (5th Cir.1977); Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir. 1974). [2] LSA-R.S. 13:5108.2 addresses the indemnification of officials, officers, and employees of the state and provides, in pertinent part, as follows: B. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Johnson v. Johnson
green
2 sentences2006App. 3 Cir. 4/19/00), 759 So.2d 257 , suggests, in a portion of the opinion entitled "Failure to Address Factors with Particularity", [6] that the answer is the former and that we may not assume that the trial court actually considered the twelve factors based on the fact that there was evidence in the record that would have permitted it to do so. 2006App. 3 Cir. 4/19/00), 759 So.2d 257 , suggests, in a portion of the opinion entitled “Failure to Address Factors with Particularity” 6 , that the answer is the former and that we may not assume that the trial court actually considered the twelve factors based on the fact that there was evidence in the record that would have permitted it to do so. | 2 | 2006–2006 |
Leger v. Leger
green
2 sentences2006Leger v. Leger, 03-419 (La.App. 3 Cir. 7/2/03) , 854 So.2d 955 , pursuant to Johnson v. Johnson, 99-1933 (La. 2006In Leger, supra, the court noted that: While the trial court listed the factors to be considered, it did not consider the factors individually concerning particular evidence presented. | fjd., 03-419, p. 2, 854 So.2d at 956 . | 2 | 2006–2006 |
Thibodeaux v. O'QUAIN
green
1 sentence2013The law does not require “the mechanical evaluation of all the Article 134 1 ^factors.” Cathey v. Ogea, 12-563, p. 7 (La.App. 3 Cir. 8/22/12), 98 So.3d 953, 958 , writ denied, 12-2099 (La.10/12/12), 98 So.3d 877 (citing Thibodeaux v. O’Quain, 09-1266 (La.App. 3 Cir. 3/24/10) , 33 So.3d 1008 ). | 1 | 2013–2013 |
State ex rel. Griffin v. State
neutral
1 sentence2013The law does not require “the mechanical evaluation of all the Article 134 1 ^factors.” Cathey v. Ogea, 12-563, p. 7 (La.App. 3 Cir. 8/22/12), 98 So.3d 953, 958 , writ denied, 12-2099 (La.10/12/12), 98 So.3d 877 (citing Thibodeaux v. O’Quain, 09-1266 (La.App. 3 Cir. 3/24/10) , 33 So.3d 1008 ). | 1 | 2013–2013 |
Cathey v. Ogea
neutral
1 sentence2013The law does not require “the mechanical evaluation of all the Article 134 1 ^factors.” Cathey v. Ogea, 12-563, p. 7 (La.App. 3 Cir. 8/22/12), 98 So.3d 953, 958 , writ denied, 12-2099 (La.10/12/12), 98 So.3d 877 (citing Thibodeaux v. O’Quain, 09-1266 (La.App. 3 Cir. 3/24/10) , 33 So.3d 1008 ). | 1 | 2013–2013 |
Curole v. Curole
green
1 sentence2010The “trial court’s decision in a relocation matter is entitled to great weight and will not be overturned absent a clear showing of abuse of discretion.” Jar nagin, 25 So.3d at 1030 (citing Curole v. Curole, 02-1891 (La.10/15/02), 828 So.2d 1094 ). | 1 | 2010–2010 |
Cleeton v. Cleeton
green
1 sentence2010We are keenly aware that "[a]n award of custody is not a tool to regulate human behavior." Cleeton v. Cleeton, 383 So.2d 1231 (La.1980). | 1 | 2010–2010 |
Thibodeaux v. Thibodeaux
neutral
2 sentences2010The cases that Rosalind cites as support for the proposition that the twelve factors identified in Article 134 are mandatory, Thibodeaux v. Thibodeaux, 00-82 (La.App. 3 Cir. 6/1/00) , 768 So.2d 85 , writ denied, 00-2001 (La.7/26/00), 766 So.2d 1262 , and Bynog v. Bynog, 95-173 (La.App. 3 Cir. 7/26/95) , 663 So.2d 86 , reference Article 134, but fail to recognize that Article 134 uses the permissive "may” to introduce the twelve factors. . 2010Chatelain participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore. [1] The cases that Rosalind cites as support for the proposition that the twelve factors identified in Article 134 are mandatory, Thibodeaux v. Thibodeaux, 00-82 (La.App. 3 Cir. 6/1/00) , 768 So.2d 85 , writ denied, 00-2001 (La.7/26/00), 766 So.2d 1262 , and Bynog v. Bynog, 95-173 (La.App. 3 Cir. 7/26/95) , 663 So.2d 86 , reference Article 134, but fail to recognize that Article 134 uses the permissive "may" to introduce the twelve factors. [2] Because of Patrick's young age, the ninth f | 1 | 2010–2010 |
Thibodeaux v. Thibodeaux
green
2 sentences2010The cases that Rosalind cites as support for the proposition that the twelve factors identified in Article 134 are mandatory, Thibodeaux v. Thibodeaux, 00-82 (La.App. 3 Cir. 6/1/00) , 768 So.2d 85 , writ denied, 00-2001 (La.7/26/00), 766 So.2d 1262 , and Bynog v. Bynog, 95-173 (La.App. 3 Cir. 7/26/95) , 663 So.2d 86 , reference Article 134, but fail to recognize that Article 134 uses the permissive "may” to introduce the twelve factors. . 2010Chatelain participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore. [1] The cases that Rosalind cites as support for the proposition that the twelve factors identified in Article 134 are mandatory, Thibodeaux v. Thibodeaux, 00-82 (La.App. 3 Cir. 6/1/00) , 768 So.2d 85 , writ denied, 00-2001 (La.7/26/00), 766 So.2d 1262 , and Bynog v. Bynog, 95-173 (La.App. 3 Cir. 7/26/95) , 663 So.2d 86 , reference Article 134, but fail to recognize that Article 134 uses the permissive "may" to introduce the twelve factors. [2] Because of Patrick's young age, the ninth f | 1 | 2010–2010 |
Jarnagin v. Jarnagin
green
1 sentence2010The “trial court’s decision in a relocation matter is entitled to great weight and will not be overturned absent a clear showing of abuse of discretion.” Jar nagin, 25 So.3d at 1030 (citing Curole v. Curole, 02-1891 (La.10/15/02), 828 So.2d 1094 ). | 1 | 2010–2010 |
Bynog v. Bynog
green
2 sentences2010The cases that Rosalind cites as support for the proposition that the twelve factors identified in Article 134 are mandatory, Thibodeaux v. Thibodeaux, 00-82 (La.App. 3 Cir. 6/1/00) , 768 So.2d 85 , writ denied, 00-2001 (La.7/26/00), 766 So.2d 1262 , and Bynog v. Bynog, 95-173 (La.App. 3 Cir. 7/26/95) , 663 So.2d 86 , reference Article 134, but fail to recognize that Article 134 uses the permissive "may” to introduce the twelve factors. . 2010Chatelain participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore. [1] The cases that Rosalind cites as support for the proposition that the twelve factors identified in Article 134 are mandatory, Thibodeaux v. Thibodeaux, 00-82 (La.App. 3 Cir. 6/1/00) , 768 So.2d 85 , writ denied, 00-2001 (La.7/26/00), 766 So.2d 1262 , and Bynog v. Bynog, 95-173 (La.App. 3 Cir. 7/26/95) , 663 So.2d 86 , reference Article 134, but fail to recognize that Article 134 uses the permissive "may" to introduce the twelve factors. [2] Because of Patrick's young age, the ninth f | 1 | 2010–2010 |
Turner v. Turner
green
1 sentence1984However, the 1983 amendment includes economic capacity, moral fitness, and mental and physical health of the parents in the twelve factors to be considered in determining whether or not joint custody is in the child’s best interest. 1 The twelve factors in article 146(C) now constitute the appropriate standard for all changes of custody cases and, as in Turner v. Turner, supra, we apply the article as amended to the case before us, retrospectively. | 1 | 1984–1984 |
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.