comprehensive analysis (Louisiana) · Go Syfert
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comprehensive analysis in Louisiana

9 Louisiana opinions name it 2 courts 1947–2021 1 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 (5)

CaseFollowedCited
Arizona v. United Statesgreen
scotus · 2012 · cited in 1 Louisiana opinions naming this issue, 2013–2013
2 sentences

2013Id., 132 S.Ct. at 2504 (internal quotation marks omitted).

2013The Supreme Court ruled in Arizona that the comprehensive framework in which these provisions appear leads to the conclusion that the federal government has occupied the field of alien registration and that “[w]here Congress occupies an entire field, as 11sit has in the field of alien registration, even complementary state regulation is impermissible.” Arizona, 132 S.Ct. at 2502 .

11
State v. Conversegreen
lactapp · 1988 · cited in 1 Louisiana opinions naming this issue, 2003–2003
1 sentence

2003State v. Converse, 529 So.2d 459, 462 (La.App. 1st Cir.1988)(affirming trial court's denial of defendant's motion to quash, finding that the provision under which the defendant was charged was upheld as constitutional under State v. Morgan ), writ denied, 533 So.2d 355 (La.1988). [4] The authority to impose a pecuniary penalty for violation of an ordinance may be implied because the ordinance would otherwise be nugatory.

11
Murray v. Ramada Inns, Inc.green
la · 1988 · cited in 1 Louisiana opinions naming this issue, 1995–1995
1 sentence

1995See Murray v. Ramada Inns, Inc., 521 So.2d 1123, 1133 (La.1988) (citing Turner, supra ).

11
Turner v. New Orleans Public Service, Inc.green
la · 1985 · cited in 1 Louisiana opinions naming this issue, 1995–1995
1 sentence

1995See Murray v. Ramada Inns, Inc., 521 So.2d 1123, 1133 (La.1988) (citing Turner, supra ).

11
Kammerer v. Sewerage & Water Bd.green
lactapp · 1994 · cited in 1 Louisiana opinions naming this issue, 1994–1994
1 sentence

1994In other words, in this hypothetical case the partial subrogee's subrogation claim is deferred to the last $10,000 to be collected from the tortfeasor, not the first. [1] For a comprehensive analysis of the concept of "spoliation of evidence" see Kammerer v. Sewerage & Water Bd., 633 So.2d 1357, 1360-1369 (La.App. 4 Cir.1994). [2] In the instant case the subrogee, Murphy, intervened in the tort suit to protect its claim.

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 (8)

CaseCitedYears
Tyson v. THOMPSON HOME HEALTH green
la · 2011
2 sentences

2021The subsequent purchaser doctrine and a comprehensive analysis of Louisiana property law was thoroughly explained by the Louisiana Supreme Court in Eagle Pipe and Supply, Inc. v. Amerada Hess Corp., 2010- 2267 ( La. 10/ 25/ 11), 79 So. 3d 246 .

2021The supreme court clarified that the subsequent purchaser rule is a jurisprudential rule providing that a property owner " has no right or actual interest in recovering from a third party for damage which was inflicted on the property before his purchase, in the absence of an assignment or subrogation of the rights belonging to the owner of the property when the damage was inflicted." Id. at 256- 257.

22014–2021
De Canas v. Bica red
scotus · 1976
2 sentences

2013Distinguishing its prior decision in DeCanas v. Bica, 424 U.S. 351 , 96 S.Ct. 933 , 47 L.Ed.2d 43 (1976), which found that a state had authority to pass its own laws on the subject at a time when there was no comprehensive federal program regulating the employment of unauthorized aliens, the Court noted that federal law at present contains “a comprehensive framework for ‘combating the employment of illegal aliens,’ ” 12 which “does not impose federal criminal sanctions on the employee side,” but rather imposes civil penalties.

2013Distinguishing its prior decision in DeCanas v. Bica, 424 U.S. 351 , 96 S.Ct. 933 , 47 L.Ed.2d 43 (1976), which found that a state had authority to pass its own laws on the subject at a time when there was no comprehensive federal program regulating the employment of unauthorized aliens, the Court noted that federal law at present contains “a comprehensive framework for ‘combating the employment of illegal aliens,’ ” 12 which “does not impose federal criminal sanctions on the employee side,” but rather imposes civil penalties.

12013–2013
Hamilton v. Business Partners, Inc. green
laed · 1996
1 sentence

2008The court summarized its analysis by stating that "Louisiana appellate courts have given conflicting messages about LUTPA's scope, with no state supreme court decision rendering the definitive answer." Hamilton, 938 F.Supp. at 373 .

12008–2008
State v. Converse green
la · 1988
1 sentence

2003State v. Converse, 529 So.2d 459, 462 (La.App. 1st Cir.1988)(affirming trial court's denial of defendant's motion to quash, finding that the provision under which the defendant was charged was upheld as constitutional under State v. Morgan ), writ denied, 533 So.2d 355 (La.1988). [4] The authority to impose a pecuniary penalty for violation of an ordinance may be implied because the ordinance would otherwise be nugatory.

12003–2003
Penn v. Inferno Manufacturing Corporation green
lactapp · 1967
1 sentence

1971The recent case of Penn v. Inferno Manufacturing Corporation, 199 So.2d 210 (1st La.App.1967); writ refused, 251 La. 27 , 202 So.2d 649 (1967), in our opinion provides a comprehensive analysis of the liability of a seller who has sold as his own a product in fact manufactured by another, at 199 So.2d 214 -215.

11971–1971
Penn v. Inferno Manufacturing Corporation green
la · 1967
2 sentences

1971The recent case of Penn v. Inferno Manufacturing Corporation, 199 So.2d 210 (1st La.App.1967); writ refused, 251 La. 27 , 202 So.2d 649 (1967), in our opinion provides a comprehensive analysis of the liability of a seller who has sold as his own a product in fact manufactured by another, at 199 So.2d 214 -215.

1971The recent case of Penn v. Inferno Manufacturing Corporation, 199 So.2d 210 (1st La.App.1967); writ refused, 251 La. 27 , 202 So.2d 649 (1967), in our opinion provides a comprehensive analysis of the liability of a seller who has sold as his own a product in fact manufactured by another, at 199 So.2d 214 -215.

11971–1971
Alfonso Linwood Carney v. Sears, Roebuck and Co. green
ca4 · 1962
1 sentence

1971We quoted a portion of the opinion in Carney v. Sears, Roebuck & Co., 309 F.2d 300 (4 Cir., 1962) which we deem equally important here: "`The undisputed evidence in the record shows that the defendant was not the manufacturer of the ladder.

11971–1971
Williams v. Union Central Life Insurance green
scotus · 1934
2 sentences

1947Under the facts of this case the plaintiff’s contention is untenable for as was very aptly pointed out by Chief Justice Hughes of the United States Supreme Court in the case of Williams v. Union Central Life Insurance Co., 291 U.S. 170 , 54 S.Ct. 348, 352 , 78 L.Ed. 711 , 92 A.L.R. 693 , “While it is highly important that ambiguous clauses should not be permitted to serve as traps for policyholders, it is equally important, to the insured as well as to the insurer, that the provisions of insurance policies which are clearly and definitely set forth in appropriate language, and upon which the c

1947Under the facts of this case the plaintiff’s contention is untenable for as was very aptly pointed out by Chief Justice Hughes of the United States Supreme Court in the case of Williams v. Union Central Life Insurance Co., 291 U.S. 170 , 54 S.Ct. 348, 352 , 78 L.Ed. 711 , 92 A.L.R. 693 , “While it is highly important that ambiguous clauses should not be permitted to serve as traps for policyholders, it is equally important, to the insured as well as to the insurer, that the provisions of insurance policies which are clearly and definitely set forth in appropriate language, and upon which the c

11947–1947

Statutes the citing opinions construe

LA § La. Rev. Stat. § 1 (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

NJ 189 (1956–2026) CA 126 (1916–2026) NY 115 (1856–2026) PA 109 (1904–2026) FL 68 (1934–2021) OH 47 (1916–2025) TX 46 (1926–2026) IL 24 (1884–2026) WA 23 (1967–2024) MA 23 (1976–2025) IN 22 (1980–2025) MD 21 (1916–2025) CT 21 (1929–2017) TN 21 (1977–2025) CO 19 (1953–2025) MO 17 (1906–2023) WY 17 (1957–2016) NM 16 (2003–2025) MI 14 (1957–2016) AZ 14 (1955–2020) IA 13 (1963–2018) UT 13 (1937–2020) KS 12 (1973–2026) ND 12 (1961–2015) NC 11 (1955–2022) MN 9 (1949–2017) LA 9 (1947–2021) MT 9 (1951–2025) AK 8 (1972–2026) VA 8 (1963–2024) HI 8 (1942–2023) DC 8 (1978–2022) OK 7 (1928–2019) ME 7 (1972–2003) WV 7 (1981–2015) MS 7 (1902–2014) GA 6 (1958–2022) NH 6 (1958–2008) WI 6 (1916–2000) ID 6 (1975–2019) DE 6 (1881–1996) NV 6 (2009–2015) KY 6 (1929–2025) SC 5 (1992–2025) OR 5 (1979–2021) VI 4 (2012–2014) AR 3 (1954–2016) SD 3 (1974–1992) RI 3 (1975–1990) NE 3 (1938–2019) VT 2 (2007–2007)

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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