exception to this statutory rule (Louisiana) · Go Syfert
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exception to this statutory rule in Louisiana

7 Louisiana opinions name it 2 courts 2010–2021 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.

Followed or applied (1)

CaseFollowedCited
Wimberly v. Gatchgreen
la · 1994 · cited in 1 Louisiana opinions naming this issue, 2013–2013
1 sentence

2013See e.g., Wimberly v. Gatch, 93-2361 (La.4/11/94), 635 So.2d 206, 211 .

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 (4)

CaseCitedYears
In re Barber green
la · 2012
2 sentences

2018Wells v. Zadeck , 11-1232 (La. 3/30/12), 89 So.3d 1145 , 1150.

2016Wells v. Zadeck, 11-1232 (La.3/30/12); 89 So.3d 1145, 1150 .

22016–2018
Marin v. Exxon Mobil Corp. green
la · 2010
2 sentences

2017However, Louisiana has developed “the jurisprudential doctrine of contra non valentem as an exception to this statutory rule.” Marin v. Exxon Mobil Corp., 1209-2368, 09-2371, p. 11 (La. 10/19/10), 48 So.3d 234, 245 , The four situations wherein contra non valentem may apply are: (1) where there was some legal cause which prevented the courts or their offi cers from taking cognizance of or acting on the plaintiffs action; (2) where there was some condition coupled with the contract or connected with the proceedings which prevented the creditor from suing or acting; (3) where the debtor himself

2017Id., 09-2368, 09-2371, p. 12, 48 So.3d at 245 . “[T]he Louisiana Supreme Court has cautioned that the doctrine only applies in exceptional circumstances.” Felix v. Safeway Ins.

22012–2017
Tracy Ray Lomont v. Michelle Myer-Bennett and Xyz Insurance Company green
la · 2015
1 sentence

2021Lomont v, Bennett, 14- 2483 ( La. 6/ 30/ 15), 172 So. 3d 620, 637 .

12021–2021
Plaquemines Par. Com'n Council v. Delta Dev. Co. green
la · 1987
1 sentence

2010Plaquemines Parish Com’n Council v. Delta Development Co., Inc., 502 So.2d 1034 (La.1987).

12010–2010

Where else courts name it

LA 7 (2010–2021) TX 6 (1940–2008) IN 3 (1993–2003) OH 2 (1990–2002)

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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