law regarding standard (Louisiana) · Go Syfert
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law regarding standard in Louisiana

8 Louisiana opinions name it 1 courts 1976–2009 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 (3)

CaseFollowedCited
Adams v. Rhodia, Inc.green
la · 2008 · cited in 1 Louisiana opinions naming this issue, 2009–2009
2 sentences

2009See Adams, 07-2110 at p. 10, 983 So.2d at 806 .

2009See Adams, 07-2110 at p. 10, 983 So.2d at 806 .

11
Shafouk Nor El Din Hamza v. Bourgeoisgreen
lactapp · 1986 · cited in 1 Louisiana opinions naming this issue, 1992–1992
1 sentence

1992App. 5 Cir.1991) the court states the law regarding the exception of no cause of action as follows: As stated by this Court in Shafouk Nor El Din Hamza v. Bourgeois, 493 So.2d 112, 116 (5th Cir.1986): "The peremptory exception of no cause of action raises the issue of whether any remedy is afforded by law for the particular grievance set forth by the plaintiffs. * * * * * * The purpose of the exception of no cause of action is to test the legal sufficiency of the pleadings.

11
Alfred Lewis, Cross-Appellee v. Timco, Inc. v. Joy Manufacturing, Cross-Appellantgreen
ca5 · 1983 · cited in 1 Louisiana opinions naming this issue, 1991–1991
1 sentence

1991Lewis v. Timco, Inc., 716 F.2d 1425, 1427 (5th Cir.1983).

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 (7)

CaseCitedYears
NHUT VAN MAI v. Floyd green
la · 2007
1 sentence

2008In his appellate brief, Mr. Marmet cites Mai v. Floyd, 05-2301 (La.App. 1 Cir. 12/6/06) , 951 So.2d 244 , writ denied, 07-581 (La.5/4/07), 956 So.2d 619 , in support of his assertion that the Louisiana legislature changed the law regarding the requirement that a possessor have both good faith and just title to permit tacking.

12008–2008
Mai v. Floyd neutral
lactapp · 2006
1 sentence

2008In his appellate brief, Mr. Marmet cites Mai v. Floyd, 05-2301 (La.App. 1 Cir. 12/6/06) , 951 So.2d 244 , writ denied, 07-581 (La.5/4/07), 956 So.2d 619 , in support of his assertion that the Louisiana legislature changed the law regarding the requirement that a possessor have both good faith and just title to permit tacking.

12008–2008
State v. Carpenter green
la · 1980
1 sentence

2002In State v. Carpenter, 390 So.2d 1296 (La.1980), the Louisiana Supreme Court set forth the following law regarding a waiver of defendant's right to counsel: The determination of whether there has been an intelligent waiver of the right to counsel depends upon the facts and circumstances surrounding the case, including the background, experience, and conduct of the accused.

12002–2002
Stobart v. State Through DOTD green
la · 1993
1 sentence

1999LAW The law regarding the standard of appellate review is well settled: A court of appeal may not set aside a trial court's or a jury's finding of fact in absence of "manifest error" or unless it is "clearly wrong." Rosell v. ESCO, 549 So.2d 840 (La.1989); Stobart v. State, Through DOTD, 617 So.2d 880 (La. 1993).

11999–1999
Rosell v. Esco green
la · 1989
1 sentence

1999LAW The law regarding the standard of appellate review is well settled: A court of appeal may not set aside a trial court's or a jury's finding of fact in absence of "manifest error" or unless it is "clearly wrong." Rosell v. ESCO, 549 So.2d 840 (La.1989); Stobart v. State, Through DOTD, 617 So.2d 880 (La. 1993).

11999–1999
Moresi v. State, Dept. of Wildlife & Fisheries green
la · 1990
1 sentence

1992IMMUNITY The law regarding immunity in § 1983 claims was discussed recently in Moresi, 567 So.2d at 1084 -85 as follows: Although the statute's language does not expressly incorporate any common law immunities, the United States Supreme Court concluded that Congress intended that common law tort principles of immunity should apply to § 1983 actions.

11992–1992
Boudreaux v. American Insurance Company green
la · 1972
1 sentence

1976As we weigh this testimony we must conclude that the Fire Chief was truthful in stating that his investigation revealed a charred pot on the left front burner of the electric stove, which burner control was left in an `on' position." After quoting from Boudreaux v. American Insurance Company, La., 264 So.2d 621 (1972) the applicable law regarding the doctrine of res ipsa loquitur, the trial judge then concluded: "As we apply the principles of the Boudreaux case to the facts at hand, we must conclude that the defendants are liable for the damages incurred.

11976–1976

Where else courts name it

IL 19 (1985–2020) CA 16 (2004–2026) LA 8 (1976–2009) TX 8 (1992–2023) FL 8 (1969–2013) AL 8 (1976–2000) PA 8 (1956–2019) NC 6 (1966–2025) OH 6 (2005–2026) NY 5 (1974–2012) MI 5 (1984–2015) CT 4 (1987–2010) GA 3 (1993–2025) KS 3 (1987–2014) TN 3 (2006–2024) SC 2 (2001–2020) WV 2 (1999–2021) MO 2 (1994–2014) IN 2 (1981–2015) VA 2 (1998–2011) MA 2 (1978–2002)

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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