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9 Louisiana opinions name it 2 courts 1992–2019 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 |
|---|---|---|
Turner v. Turnergreen2 sentences1996The Louisiana Supreme Court addressed the issue of what evidence is sufficient for a party to rebut a presumption in Turner v. Turner, 455 So.2d 1374, 1379 (La.1984): As in any matter in which there is a rebuttable presumption, the burden rests with the party challenging the presumption to convince the fact-finder that his proposed conclusion is more correct than the presumed one. 1992In Turner v. Turner, 455 So.2d 1374, 1379 (La.1984), the court discussed the effect of a rebuttable presumption as follows: As in any matter in which there is a rebuttable presumption, the burden rests with the party challenging the presumption to convince the fact-finder that his proposed conclusion is more correct than the presumed one. | 3 | 3 |
Shelter Mutual Insurance Company v. Rimkus Consulting Group, Inc. of Louisianagreen2 sentences2019The Bremen Court held that forum selection clauses “should be deemed presumptively valid and ordinarily enforceable, unless enforcement would be unreasonable, or the consent of the party challenging the clause was obtained through fraud or undue influence, or the chosen forum is unreasonable and seriously inconvenient.” Shelter Mutual, 2013-1977, p.4-5, 148 So. 3d at 874 (describing Bremen holding). 2019This Court 5 adopted the Bremen view in Shelter Mutual, holding that “[t]he right of parties to freely contract must encompass the correlative power to agree to bring suit under that contract in a particular forum.” Shelter Mutual, 2013-1977, p. 17, 148 So. 3d at 882 . | 1 | 1 |
Whiting v. Aadvance Insulation Servicesgreen1 sentence2010Whiting v. Aadvance Insulation Services, 738 So.2d 685, 98-1238 (La.App. 5 Cir. 6/1/99) . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
The Bremen v. Zapata Off-Shore Co.
red
2 sentences2019Id. at 13 . 2014Ed. 2d 513 (1972). 8 407 U.S. at 9 . 4 of jurisdiction as a “vestigial legal fiction.”9 The Court concluded that such clauses should be deemed presumptively valid and ordinarily enforceable, unless enforcement would be unreasonable, or the consent of the party challenging the clause was obtained through fraud or undue influence, or the chosen forum is unreasonable and seriously inconvenient.10 Bremen arose under the federal court’s admiralty jurisdiction and thus does not mandate that state courts enforce forum selection provisions outside of an admiralty context. | 2 | 2014–2019 |
Fed. Sec. L. Rep. P 94,019 Mary Margaret Ward, Cross-Appellants v. Succession of Richard W. Freeman, Cross-Appellees
green
2 sentences2009Ward v. Succession of Freeman, 854 F.2d 780 (5th Cir.1988). |gIn the instant case, the district court determined that CITGO engaged in fraud, but did not determine whether the privileged information bore a relationship to that fraud. 2009Ward v. Succession of Freeman, 854 F.2d 780 (5th Cir.1988). | 2 | 2009–2009 |
CLECO CORP. v. Sansing
green
1 sentence2017Cleco Corp. v. Sansing, 2009-0806 (La. | ,05/15/09), 8 So.3d 555, 556 . | 1 | 2017–2017 |
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.