discretion hearing (Louisiana) · Go Syfert
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discretion hearing in Louisiana

9 Louisiana opinions name it 2 courts 1979–2013 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 (2)

CaseFollowedCited
Sharbono v. Steve Lang & Son Loggersgreen
la · 1997 · cited in 1 Louisiana opinions naming this issue, 2003–2003
1 sentence

2003In Sharbono v. Steve Lang & Son Loggers, 97-110, p. 11 (La.7/1/97), 696 So.2d 1382, 1389 (emphasis added), the supreme court held: Because awards of penalties and attorney's fees are not automatic in the worker's compensation setting, but rather rest within the discretion of the hearing officer, they come due, if at all, only on the date of their award by the officer; thus, such awards may not earn interest until after that date.

11
Latiolais v. Jernigan Bros., Inc.green
lactapp · 1987 · cited in 1 Louisiana opinions naming this issue, 1994–1994
1 sentence

1994See Latiolais v. Jernigan Bros., Inc., 520 So.2d 1126, 1129 (La.App. 3d Cir.1987).

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 (11)

CaseCitedYears
State v. Odom green
lactapp · 2003
1 sentence

2013See: State v. Odom, 2002-2698 (La.App. 1st Cir.6/27/03), 861 So.2d 187, 191 , writ denied, 2003-2142 (La.10/17/03), 855 So.2d 765 ; State v. Smith, 99-0606 (La.7/6/00), 766 So.2d 501, 504 .

12013–2013
State v. Smith green
la · 2000
1 sentence

2013See: State v. Odom, 2002-2698 (La.App. 1st Cir.6/27/03), 861 So.2d 187, 191 , writ denied, 2003-2142 (La.10/17/03), 855 So.2d 765 ; State v. Smith, 99-0606 (La.7/6/00), 766 So.2d 501, 504 .

12013–2013
State v. Odom green
la · 2003
1 sentence

2013See: State v. Odom, 2002-2698 (La.App. 1st Cir.6/27/03), 861 So.2d 187, 191 , writ denied, 2003-2142 (La.10/17/03), 855 So.2d 765 ; State v. Smith, 99-0606 (La.7/6/00), 766 So.2d 501, 504 .

12013–2013
Sinegal v. Able Glass Co., Inc. neutral
lactapp · 1995
1 sentence

2013On the other hand, the jurisprudence directs that “[t]he amount of an award of attorney’s fees is committed to the discretion of the hearing officer and will not be disturbed absent a showing of an abuse of discretion.” Sinegal v. Able Glass Co., Inc., 95-10, p. 5 (La.App. 3 Cir. 10/11/95), 663 So.2d 393, 396 .

12013–2013
Rhone v. Boh Brothers green
lactapp · 2001
1 sentence

2003Rhone v. Boh Brothers, XXXX-XXXX, pp. 6-7 (La.App. 4th Cir.12/12/01), 804 So.2d 764, 768-769 .

12003–2003
Frazier v. Conagra, Inc. green
lactapp · 1989
1 sentence

1995Frazier v. Conagra, Inc., 552 So.2d 536 (La.

11995–1995
Foman v. Davis green
scotus · 1962
2 sentences

1994"In reversing as an abuse of discretion a trial court's failure to permit amendment, the United States Supreme Court in Foman v. Davis [ 371 U.S. 178 , 83 S.Ct. 227 , 9 L.Ed.2d 222 (1962)] stated that leave to amend should always be given `[i]n the absence of any apparent or declared reason —such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.' With regard to the discretion the rule vests in th

1994"In reversing as an abuse of discretion a trial court's failure to permit amendment, the United States Supreme Court in Foman v. Davis [ 371 U.S. 178 , 83 S.Ct. 227 , 9 L.Ed.2d 222 (1962)] stated that leave to amend should always be given `[i]n the absence of any apparent or declared reason —such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.' With regard to the discretion the rule vests in th

11994–1994
Kreider v. Schulin's Appliance Service green
lactapp · 1988
1 sentence

1993Id.

11993–1993
State v. Whitmore green
la · 1977
1 sentence

1979State v. Titus, 358 So.2d 912 (La.1978); State v. Whitmore, 353 So.2d 1286 (La.1977). [1] Moreover, the trial court has the discretion to rule the results inadmissible even if the defense and prosecution have stipulated their admission.

11979–1979
State v. Corbin green
la · 1973
1 sentence

1979State v. Corbin, 285 So.2d 234 (La.1973).

11979–1979
State v. Titus green
la · 1978
1 sentence

1979State v. Titus, 358 So.2d 912 (La.1978); State v. Whitmore, 353 So.2d 1286 (La.1977). [1] Moreover, the trial court has the discretion to rule the results inadmissible even if the defense and prosecution have stipulated their admission.

11979–1979

Statutes the citing opinions construe

LA § La. Rev. Stat. § 23:1221 (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

NY 100 (1912–2026) TX 62 (1956–2025) CA 41 (1959–2026) PA 36 (1948–2026) FL 30 (1963–2025) MA 28 (1893–2026) IL 28 (1968–2026) OH 21 (1993–2026) AL 12 (1911–2015) IA 12 (1971–2023) CO 12 (1983–2014) NM 11 (1967–2015) WA 11 (1978–2025) MO 11 (1975–2022) GA 11 (1924–2024) CT 10 (1945–2022) MD 9 (1968–2021) VT 9 (1925–2021) LA 9 (1979–2013) IN 8 (1913–2011) RI 7 (1997–2023) AR 7 (1984–2023) SC 6 (1953–2017) NE 6 (1977–2020) WY 6 (1991–2024) NJ 6 (1985–2024) AK 5 (1988–2022) MN 5 (1955–2024) WV 5 (1996–2022) MI 5 (1976–2023) KY 4 (1981–2020) OR 4 (1969–2008) AZ 4 (1977–1996) HI 3 (1995–2021) UT 3 (1997–2025) MT 3 (1989–2007) DE 3 (1939–2015) KS 3 (2005–2024) NC 3 (1926–2024) VI 2 (1992–2011) WI 2 (1979–1987) DC 2 (1997–2007) MS 2 (1986–2003) OK 2 (1982–2004) ME 2 (1986–1990) ID 2 (1993–2017)

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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