res judicata precludes re-litigation of claims doctrine (Louisiana) · Go Syfert
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res judicata precludes re-litigation of claims doctrine in Louisiana

11 Louisiana opinions name it 1 courts 2010–2024 5 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
Insurance Co. of North America v. Louisiana Power & Light Co.green
lactapp · 2009 · cited in 2 Louisiana opinions naming this issue, 2013–2015
2 sentences

2015Insurance Co. of North America v. Louisiana Power & Light, 08-1315, p. 5 (La.App. 4 Cir. 3/4/09), 10 So.3d 264, 267 (citing Avenue Plaza, L.L.C. v. Falgoust, 96-0173, pp. 4-5 (La.7/2/96), 676 So.2d 1077, 1079 ).

2013Insurance Co. of North America v. Louisiana Power & Light, 2008-1315, p. 5 (La.App. 4 Cir. 3/4/09), 10 So.3d 264, 267 (citing Avenue Plaza, L.L.C. v. Falgoust, 96-0173, pp. 4-5 (La.7/2/96), 676 So.2d 1077, 1079 ).

22
Myers v. National Union Fire Ins. Co.green
lactapp · 2010 · cited in 3 Louisiana opinions naming this issue, 2013–2019
2 sentences

2019App. 4 Cir. 5/19/10) 43 So.3d 207, 210 (the doctrine of res judicata precludes re-litigation of claims and issues arising out of the same factual circumstances when there is a valid final judgment). 10 La.

2017Co. of Louisiana, 09-1517, p. 5 (La.App. 4 Cir. 5/19/10), 43 So.3d 207, 210 .

13
Avenue Plaza, LLC v. Falgoustgreen
la · 1996 · cited in 3 Louisiana opinions naming this issue, 2010–2015
2 sentences

2015Insurance Co. of North America v. Louisiana Power & Light, 08-1315, p. 5 (La.App. 4 Cir. 3/4/09), 10 So.3d 264, 267 (citing Avenue Plaza, L.L.C. v. Falgoust, 96-0173, pp. 4-5 (La.7/2/96), 676 So.2d 1077, 1079 ).

2013Insurance Co. of North America v. Louisiana Power & Light, 2008-1315, p. 5 (La.App. 4 Cir. 3/4/09), 10 So.3d 264, 267 (citing Avenue Plaza, L.L.C. v. Falgoust, 96-0173, pp. 4-5 (La.7/2/96), 676 So.2d 1077, 1079 ).

13
Igbokwe v. Mosergreen
lactapp · 2013 · cited in 2 Louisiana opinions naming this issue, 2022–2023
2 sentences

2023It is designed to promote judicial efficiency and final resolution of disputes.” Igbokwe v. Moser, 2012-1366, p. 4 (La. App. 4 Cir. 4/24/13), 116 So.3d 727, 730 (citations omitted). “[W]hile ordinarily premised on a final judgment, the doctrine of res judicata also applies where there is a compromise or settlement of a disputed claim or matter that has been entered into between the parties.” Lewis v. Wieber, 2021- 0476, p. 13 (La. App. 4 Cir. 7/6/22), 344 So.3d 168 , 176 (quoting Joseph v. Huntington Ingalls Inc., 2018-02061, p. 3 (La. 1/29/20), 347 So.3d 579 , 584).

2022App. 4 Cir. 4/24/13), 116 So.3d 727, 730 ).

12
Precept Credit Opportunities Fund, Lp v. Meta Hunter Dave, Joseph Bernard Dave, State of Louisiana, Division of Administration, Office of Community Development, Alvin Witherspoon, John Doe 1 (Occupant) and John Doe 2 (Occupant)green
lactapp · 2023 · cited in 1 Louisiana opinions naming this issue, 2024–2024
1 sentence

2024Nevertheless, we conclude that the juvenile court did not err in finding that DCFS proved, by clear and convincing evidence, that current attempts at reunification were not required based on the facts of this case. “‘Clear and convincing’ evidence requires more than a ‘preponderance,’ but less than ‘beyond a reasonable doubt.’ Under the ‘clear and convincing’ standard, the existence of 5 “The doctrine of res judicata precludes re-litigation of claims and issues arising out of the same factual circumstances when there is a valid final judgment.” Precept Credit Opportunities Fund, LP, 23-0104, p

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 (5)

CaseCitedYears
BBCL Enterprises, LLC v. American Alternative Ins. Corp. green
lactapp · 2016
2 sentences

2023C.C.P. art. 2001 provides that “[t]he nullity of a final judgment may be demanded for vices of either form or substance, as provided in Articles 2002 through 2006.” 6 factual circumstances when there is a valid final judgment.” BBCL Entes, LLC, 15-0496, pp. 3-4, 187 So.3d at 68 (quoting Igbokwe v. Moser, 12-1366, p. 4 (La.

2022“The doctrine of res judicata precludes re-litigation of claims and issues arising out of the same factual circumstances when there is a valid final judgment.” BBCL Enterprises, LLC, 187 So.3d at 68 (citing Igbokwe v. Moser, 12–1366, p. 4 (La.

22022–2023
In Re: L.M.M., Jr., a Minor neutral
la · 2018
1 sentence

2024Nevertheless, we conclude that the juvenile court did not err in finding that DCFS proved, by clear and convincing evidence, that current attempts at reunification were not required based on the facts of this case. “‘Clear and convincing’ evidence requires more than a ‘preponderance,’ but less than ‘beyond a reasonable doubt.’ Under the ‘clear and convincing’ standard, the existence of 5 “The doctrine of res judicata precludes re-litigation of claims and issues arising out of the same factual circumstances when there is a valid final judgment.” Precept Credit Opportunities Fund, LP, 23-0104, p

12024–2024
State of Louisiana in the Interest of A.L.D. and L.S.D. green
la · 2019
1 sentence

2024Nevertheless, we conclude that the juvenile court did not err in finding that DCFS proved, by clear and convincing evidence, that current attempts at reunification were not required based on the facts of this case. “‘Clear and convincing’ evidence requires more than a ‘preponderance,’ but less than ‘beyond a reasonable doubt.’ Under the ‘clear and convincing’ standard, the existence of 5 “The doctrine of res judicata precludes re-litigation of claims and issues arising out of the same factual circumstances when there is a valid final judgment.” Precept Credit Opportunities Fund, LP, 23-0104, p

12024–2024
Heather Roper Kaptein v. Jesse Kaptein green
lactapp · 2020
1 sentence

2023“The doctrine of res judicata precludes re-litigation of claims and issues arising out of the same factual circumstances when there is a valid final judgment.” Id. 19-0784, pp. 2-3, 289 So.3d at 1200 (quoting Myers v. Nat’l Union Fire Ins.

12023–2023
Rico Lewis and Kim Lewis v. Erin Wieber, Progressive Direct Insurance Company, Acme Truck Line, Inc., and Xyz Insurance Company neutral
lactapp · 2022
1 sentence

2023It is designed to promote judicial efficiency and final resolution of disputes.” Igbokwe v. Moser, 2012-1366, p. 4 (La. App. 4 Cir. 4/24/13), 116 So.3d 727, 730 (citations omitted). “[W]hile ordinarily premised on a final judgment, the doctrine of res judicata also applies where there is a compromise or settlement of a disputed claim or matter that has been entered into between the parties.” Lewis v. Wieber, 2021- 0476, p. 13 (La. App. 4 Cir. 7/6/22), 344 So.3d 168 , 176 (quoting Joseph v. Huntington Ingalls Inc., 2018-02061, p. 3 (La. 1/29/20), 347 So.3d 579 , 584).

12023–2023

Statutes the citing opinions construe

LA § La. Rev. Stat. § 13:4231 (8)

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

LA 11 (2010–2024) TX 3 (2001–2015)

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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