7 Louisiana opinions name it 2 courts 1998–2024 1 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 |
|---|---|---|
Lott v. Haleygreen2 sentences2024Id., 370 So.2d 521, 524 (La. 1979).14 Likewise, we find that 12 In a footnote in Bouterie, this Court pointed out that the plaintiff could not benefit from amended legislation “because it could not operate to retroactively revive an already prescribed cause of action.” Id. 13 In Hall, this Court specifically found that newly enacted legislation cannot revive an already prescribed claim for sexual abuse of a minor. 516 So.2d at 120 . 14 In Lott, 370 So.2d at 524 , this Court stated: [I]n the instant case, La.R.S. 9:5628 operates to eliminate plaintiff’s vested right to sue on his pre-existing c 2024Id., 370 So.2d 521, 524 (La. 1979).14 Likewise, we find that 12 In a footnote in Bouterie, this Court pointed out that the plaintiff could not benefit from amended legislation “because it could not operate to retroactively revive an already prescribed cause of action.” Id. 13 In Hall, this Court specifically found that newly enacted legislation cannot revive an already prescribed claim for sexual abuse of a minor. 516 So.2d at 120 . 14 In Lott, 370 So.2d at 524 , this Court stated: [I]n the instant case, La.R.S. 9:5628 operates to eliminate plaintiff’s vested right to sue on his pre-existing c | 2 | 2 |
Chance v. American Honda Motor Co., Inc.green2 sentences2012As stated by the Louisiana Supreme Court in Chance, supra at 178: Although prescriptive statutes are generally procedural in nature, the revival of an already prescribed claim presents additional concerns. 2009However, in the Morgan case, the court determined that the extended abandonment period could only apply to those cases which had not abandoned before the amendment to Article 561 took effect on July 9, 2007. |sThe Louisiana Supreme Court has held that when the legislature intends for a new law to be applied retroactively to revive an already prescribed claim, the legislature should give “at the very least, a clear and unequivocal expression of intent by the legislature for such an ‘extreme exercise of legislative power.’ ” Chance v. American Honda Motor Co., Inc., 93-2582, p. 2 (La.4/11/94), 6 | 1 | 6 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Goddard's Heirs v. Urquhart
green
1 sentence2024Id., 370 So.2d 521, 524 (La. 1979).14 Likewise, we find that 12 In a footnote in Bouterie, this Court pointed out that the plaintiff could not benefit from amended legislation “because it could not operate to retroactively revive an already prescribed cause of action.” Id. 13 In Hall, this Court specifically found that newly enacted legislation cannot revive an already prescribed claim for sexual abuse of a minor. 516 So.2d at 120 . 14 In Lott, 370 So.2d at 524 , this Court stated: [I]n the instant case, La.R.S. 9:5628 operates to eliminate plaintiff’s vested right to sue on his pre-existing c | 1 | 2024–2024 |
Hall v. Hall
green
1 sentence2024Id., 370 So.2d 521, 524 (La. 1979).14 Likewise, we find that 12 In a footnote in Bouterie, this Court pointed out that the plaintiff could not benefit from amended legislation “because it could not operate to retroactively revive an already prescribed cause of action.” Id. 13 In Hall, this Court specifically found that newly enacted legislation cannot revive an already prescribed claim for sexual abuse of a minor. 516 So.2d at 120 . 14 In Lott, 370 So.2d at 524 , this Court stated: [I]n the instant case, La.R.S. 9:5628 operates to eliminate plaintiff’s vested right to sue on his pre-existing c | 1 | 2024–2024 |
Morgan v. Louisiana Department of Public Safety & Corrections
neutral
1 sentence2009Morgan, 24 So.3d at 211 . | 1 | 2009–2009 |
Cameron Parish School Bd. v. Acands, Inc.
green
2 sentences1998Cameron Parish School Bd., 687 So.2d at 89 ; Chance , 635 So.2d at |3178. 2 Thus, “(t)he revival of an already prescribed claim presents additional concerns ...” Cameron Parish School Bd., 687 So.2d at 89 ; Chance, 635 So.2d at 178 . 1998Cameron Parish School Bd., 687 So.2d at 89 ; Chance , 635 So.2d at |3178. 2 Thus, “(t)he revival of an already prescribed claim presents additional concerns ...” Cameron Parish School Bd., 687 So.2d at 89 ; Chance, 635 So.2d at 178 . | 1 | 1998–1998 |
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.