laches does not prevail doctrine (Louisiana) · Go Syfert
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laches does not prevail doctrine in Louisiana

9 Louisiana opinions name it 2 courts 1999–2005 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
Picone v. Lyonsgreen
la · 1992 · cited in 9 Louisiana opinions naming this issue, 1999–2005
2 sentences

2005C.C. art. 3457 provides, "There is no prescription other than that established by legislation." Comment (b), which explicitly addresses the doctrine of laches, states, "Under the Louisiana legal system, there is no room for the common law doctrine of laches." Citing article 3457, this court has previously concisely stated, "The common law doctrine of laches does not prevail in Louisiana and the legislature may create, shorten, lengthen or abolish prescriptive periods at its discretion." Picone v. Lyons, 601 So.2d 1375, 1377 (La.1992).

2005C.C. art. 3457 provides, “There is no prescription other than that established by legislation.” Comment (b), which explicitly addresses the doctrine of laches, states, “Under the Louisiana legal system, there is no room for the common law doctrine of laches.” Citing article 3457, this court has previously concisely stated, “The common law doctrine of laches does not prevail in Louisiana and the legislature may create, shorten, lengthen or abolish prescriptive periods at its discretion.” Picone v. Lyons, 601 So.2d 1375, 1377 (La.1992).

49
Corbello v. Suttongreen
la · 1984 · cited in 2 Louisiana opinions naming this issue, 2005–2005
2 sentences

2005See also Corbello v. Sutton, 446 So.2d 301, 302 (La.1984) ("[T]he doctrine of laches has no place in the law of this state.").

2005See also Corbello v. Sutton, 446 So.2d 301, 302 (La.1984) (“[T]he doctrine of laches has no place in the law of this state.”).

22

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 (1)

CaseCitedYears
Td v. Mmm red
la · 1999
2 sentences

2001T.D. v. M.M.M., 98-0167 (La.3/2/99); 730 So.2d 873 ; Picone v. Lyons, 601 So.2d 1375 (La.1992).

2000The current view of our supreme court is that laches may be applied only in "rare and extraordinary circumstances." T.D. v. M.M.M., 98-167 (La.03/02/99), 730 So.2d 873, 877 .

22000–2001

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