54 Louisiana opinions name it 3 courts 1903–2024 3 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 |
|---|---|---|
Commonwealth v. Verdegreen2 sentences2010See Commonwealth v. Verde, 444 Mass. 279 , 827 N.E.2d 701, 706 (2005) (approving certificate prepared by University of Massachusetts Medical School reporting that substance seized from defendant was cocaine; public records are admissible despite objection under confrontation clause; such material has “little kinship to the type of hearsay the confrontation clause intended to exclude,” and Crawford made exception for business and public records). 2010See Commonwealth v. Verde, 444 Mass. 279 , 827 N.E.2d 701, 706 (2005) (approving certificate prepared by University of Massachusetts Medical School reporting that substance seized from defendant was cocaine; public records are admissible despite objection under confrontation clause; such material has “little kinship to the type of hearsay the confrontation clause intended to exclude,” and Crawford made exception for business and public records). | 2 | 2 |
Estate of Patout v. City of New Iberiagreen2 sentences2007The "law of the case" is discretionary; it is not applicable to cases in which "the prior decision was palpably erroneous or its application would result in manifest injustice." Estate of Patout v. City of New Iberia, 01-151, p. 7 (La.App. 3 Cir. 6/27/01), 791 So.2d 741, 747 ( quoting Griggs v. Riverland Med. 2007The "law of the case" is discretionary; it is not applicable to cases in which "the prior decision was palpably erroneous or its application would result in manifest injustice." Ledoux v. Grand Casino-Coushatta, 06-1500, p. 15 (La.App. 3 Cir. 4/4/07), 954 So.2d 902 , 905 n.3 (quoting Estate of Patout v. City of New Iberia, 01-151, p. 7 (La.App. 3 Cir. 6/27/01), 791 So.2d 741, 747 ), writ denied, 07-954 (La. 6/22/07), 959 So.2d 507 . | 1 | 2 |
State v. Weilandgreen2 sentences1996See State v. Oliveaux, 312 So.2d 337 (La. 1975) and State v. Weiland, 556 So.2d 175 (La.App. 5th Cir.1990). 1992State v. Oliveaux, 312 So.2d 337 (La.1975), State v. Weiland, 556 So.2d 175 (La.App. 5th Cir.1990), In this case, the Hard Labor Sentencing Form provides that the appellant’s sentence be served without benefit of parole. | 1 | 2 |
State v. Oliveauxgreen2 sentences1996See State v. Oliveaux, 312 So.2d 337 (La. 1975) and State v. Weiland, 556 So.2d 175 (La.App. 5th Cir.1990). 1992State v. Oliveaux, 312 So.2d 337 (La.1975), State v. Weiland, 556 So.2d 175 (La.App. 5th Cir.1990), In this case, the Hard Labor Sentencing Form provides that the appellant’s sentence be served without benefit of parole. | 1 | 2 |
Lejeune v. Rayne Branch Hosp.green2 sentences2011Co., 240 La. at 649 , 124 So.2d at 766-767 . .In Lejeune v. Rayne Branch Hospital, 556 So.2d 559, 569 (La.1990), we stated: "[t]he mere fact that a duty exists does not mean that it extends to everyone against every risk all of the time.” 2011Co., 240 La. at 649 , 124 So.2d at 766-767 . [86] In Lejeune v. Rayne Branch Hospital, 556 So.2d 559, 569 (La. 1990), we stated: "[t]he mere fact that a duty exists does not mean that it extends to everyone against every risk all of the time." [1] See, La. | 1 | 1 |
Meche v. Arceneauxgreen1 sentence1993See, e.g., Meche v. Arceneaux, 460 So.2d 89 (La.App. 3d Cir.1984). | 1 | 1 |
Akins v. Jefferson Parishgreen1 sentence1992See Board of Examiners v. Neyrey, 542 So.2d 56 (La.App. 4th Cir. 1989), and Akins v. Jefferson Parish, 529 So.2d 27 (La.App. 5th Cir.1988). | 1 | 1 |
BD. OF EXAMINERS OF CERTIFIED SHORTHAND REPORTERS EX REL. JUGE v. Neyreygreen1 sentence1992See Board of Examiners v. Neyrey, 542 So.2d 56 (La.App. 4th Cir. 1989), and Akins v. Jefferson Parish, 529 So.2d 27 (La.App. 5th Cir.1988). | 1 | 1 |
| Safeco Ins. Co. of America v. Palermogreen | 1 | 1 |
| Mitchell v. Bertollagreen | 1 | 1 |
| Darville v. Texaco, Inc.green | 1 | 1 |
| Francois v. Fireman's Fund Insurancegreen | 1 | 1 |
| Borenstein v. Joseph Fein Caterers, Inc.green | 1 | 1 |
| Young v. Fremin-Smith, Inc.green | 1 | 1 |
| City of Baton Rouge v. Crossgreen | 1 | 1 |
| City of Chicago v. Tribune Co.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fink v. Bryant
green
2 sentences2024Fink v. Bryant, 01-987 (La. 11/28/01), 801 So.2d 346, 349 . 2022Following our de novo review of Plaintiffs’ petition in the instant case, we cannot say “beyond doubt that the plaintiff can prove no set of facts in support of any claim which would entitle him to relief.” Fink v. Bryant, 2001-0987, (La. 11/28/01), 801 So.2d 346, 349 . | 2 | 2022–2024 |
Burns v. Genovese
green
2 sentences1984Burns v. Genovese, 254 La. 237 , 223 So.2d 160 (La.1969). . 1984Burns v. Genovese, 254 La. 237 , 223 So.2d 160 (La.1969). . | 2 | 1972–1984 |
Herring v. Breedlove
green
2 sentences1955Herring v. Breedlove, 222 La. 1088 , 64 So.2d 441 ; Succession of Gladney, 223 La. 949 , 67 So.2d 547 ; Broaux v. Laird, 223 La. 446 , 65 So.2d 907 ; Austin v. Succession of Austin, 225 La. 449 , 73 So.2d 312 . 1955Herring v. Breedlove, 222 La. 1088 , 64 So.2d 441 ; Succession of Gladney, 223 La. 949 , 67 So.2d 547 ; Broaux v. Laird, 223 La. 446 , 65 So.2d 907 ; Austin v. Succession of Austin, 225 La. 449 , 73 So.2d 312 . | 2 | 1954–1955 |
Breaux v. Laird
green
2 sentences1955Herring v. Breedlove, 222 La. 1088 , 64 So.2d 441 ; Succession of Gladney, 223 La. 949 , 67 So.2d 547 ; Broaux v. Laird, 223 La. 446 , 65 So.2d 907 ; Austin v. Succession of Austin, 225 La. 449 , 73 So.2d 312 . 1955Herring v. Breedlove, 222 La. 1088 , 64 So.2d 441 ; Succession of Gladney, 223 La. 949 , 67 So.2d 547 ; Broaux v. Laird, 223 La. 446 , 65 So.2d 907 ; Austin v. Succession of Austin, 225 La. 449 , 73 So.2d 312 . | 2 | 1954–1955 |
Succession of Gladney
green
2 sentences1955Herring v. Breedlove, 222 La. 1088 , 64 So.2d 441 ; Succession of Gladney, 223 La. 949 , 67 So.2d 547 ; Broaux v. Laird, 223 La. 446 , 65 So.2d 907 ; Austin v. Succession of Austin, 225 La. 449 , 73 So.2d 312 . 1955Herring v. Breedlove, 222 La. 1088 , 64 So.2d 441 ; Succession of Gladney, 223 La. 949 , 67 So.2d 547 ; Broaux v. Laird, 223 La. 446 , 65 So.2d 907 ; Austin v. Succession of Austin, 225 La. 449 , 73 So.2d 312 . | 2 | 1954–1955 |
Roy Bufkin, Jr. v. Felipe's Louisiana, LLC
green
1 sentence2024However, in Bufkin v. Felipe’s Louisiana, LLC, 14-0288, p. 5 (La. 10/15/14), 171 So. 3d 851, 855 , the supreme court stated that “[t]he burden for tort liability arising from a defect in a public sidewalk is generally with the municipality, not the adjoining landowner, unless the abutting property owner negligently caused a defect in the sidewalk.” For the purposes of our analysis, East Kings Highway can be likened to a public sidewalk. | 1 | 2024–2024 |
Industrial Companies, Inc. v. Durbin
green
1 sentence2022For the purposes of this exception, this court accepts all of Plaintiffs’ well-pleaded factual allegations, “unaffected by the defendants’ contentions in pleadings, memoranda, and oral argument.” Id. | 1 | 2022–2022 |
Jurisich v. Jenkins
green
1 sentence2017In Jurisich v. Jenkins, 99-76 (La. 10/19/99), 749 So.2d 597 , the supreme court established an exception to the irreparable harm requirement. | 1 | 2017–2017 |
East Baton Rouge Parish School Board v. Wilson
green
1 sentence2012Wilson, 992 So.2d 537 . | 1 | 2012–2012 |
Harwood Oil & Mining Company v. Black
green
2 sentences2011Co., 240 La. at 649 , 124 So.2d at 766-767 . [86] In Lejeune v. Rayne Branch Hospital, 556 So.2d 559, 569 (La. 1990), we stated: "[t]he mere fact that a duty exists does not mean that it extends to everyone against every risk all of the time." [1] See, La. 2011Co., 240 La. at 649 , 124 So.2d at 766-767 . [86] In Lejeune v. Rayne Branch Hospital, 556 So.2d 559, 569 (La. 1990), we stated: "[t]he mere fact that a duty exists does not mean that it extends to everyone against every risk all of the time." [1] See, La. | 1 | 2011–2011 |
Ledoux v. Grand Casino-Coushatta
green
1 sentence2007The "law of the case" is discretionary; it is not applicable to cases in which "the prior decision was palpably erroneous or its application would result in manifest injustice." Ledoux v. Grand Casino-Coushatta, 06-1500, p. 15 (La.App. 3 Cir. 4/4/07), 954 So.2d 902 , 905 n.3 (quoting Estate of Patout v. City of New Iberia, 01-151, p. 7 (La.App. 3 Cir. 6/27/01), 791 So.2d 741, 747 ), writ denied, 07-954 (La. 6/22/07), 959 So.2d 507 . | 1 | 2007–2007 |
Ledoux v. Grand Casino-Coushatta
neutral
1 sentence2007The "law of the case" is discretionary; it is not applicable to cases in which "the prior decision was palpably erroneous or its application would result in manifest injustice." Ledoux v. Grand Casino-Coushatta, 06-1500, p. 15 (La.App. 3 Cir. 4/4/07), 954 So.2d 902 , 905 n.3 (quoting Estate of Patout v. City of New Iberia, 01-151, p. 7 (La.App. 3 Cir. 6/27/01), 791 So.2d 741, 747 ), writ denied, 07-954 (La. 6/22/07), 959 So.2d 507 . | 1 | 2007–2007 |
State v. Davis
green
1 sentence2005Davis , supra. (Emphasis added.) Essentially, where intent and an expressed commitment exist, an obligation is generally created for the purposes of this analysis. 5 A salary payment made pursuant to an obligation is one that is not made "out of a motive of beneficence solely to enrich," rather, it is one that is made for services rendered. | 1 | 2005–2005 |
Wilson v. City of Shreveport
neutral
1 sentence2002Mr. Muhammad next argues that prescription on his compensation claim was interrupted by the filing of his lawsuit against the City relating to his Rule IX termination 3 , citing Wilson v. City of Shreveport, 28,846 (La.App. 2 Cir. 11/01/96), 682 So.2d 882 . | 1 | 2002–2002 |
Jordan v. Central Louisiana Elec. Co., Inc.
green
1 sentence2000Jordan, supra . | 1 | 2000–2000 |
Webb Const., Inc. v. City of Shreveport
green
1 sentence1998On appeal, this court considered this matter in Webb Const., Inc. v. City of Shreveport, 27,761 (La.App.2d Cir. 12/6/95), 665 So.2d 653 , and summarized the allegations in plaintiff's petition as follows: The following is a synopsis of the allegations in Webb's petition, which we accept as true for the purposes of the exception of no cause of action. | 1 | 1998–1998 |
State v. Wade
neutral
1 sentence1998Id. | 1 | 1998–1998 |
Everything on Wheels Subaru, Inc. v. Subaru South, Inc.
green
1 sentence1998La.C.C.P. art. 931; Everything on Wheels Subaru Inc. v. Subaru South Inc., 616 So.2d 1234 (La.1993). | 1 | 1998–1998 |
Dycus v. Martin Marietta Corp.
green
1 sentence1994Dycus v. Martin Marietta Corp., 568 So.2d 592 (La. | 1 | 1994–1994 |
9 to 5 Fashions, Inc. v. Spurney
green
1 sentence1992Then the court, for the purposes of analysis, set forth the elements of an action against a corporate officer for intentional interference with contractual relations as follows: (1) the existence of a contract or a legally protected interest between the plaintiff and the corporation; (2) the corporate officer's knowledge of the contract; (3) the officer's intentional inducement or causation of the corporation to breach *1276 the contract or his intentional rendition of its performance impossible or more burdensome; (4) absence of justification on the part of the officer; (5) causation of damag | 1 | 1992–1992 |
Jacobsen v. Southeast Distributors, Inc.
green
1 sentence1991Jacobsen v. Southeast Distributors, Inc., 413 So.2d 995 (La.App. 4th Cir.1982), writ denied, 415 So.2d 953 (La.1982). | 1 | 1991–1991 |
Jacobsen v. Southeast Distributors, Inc.
green
1 sentence1991Jacobsen v. Southeast Distributors, Inc., 413 So.2d 995 (La.App. 4th Cir.1982), writ denied, 415 So.2d 953 (La.1982). | 1 | 1991–1991 |
| Harris v. Pizza Hut of Louisiana, Inc. green | 1 | 1986–1986 |
| Go-Bart Importing Co. v. United States green | 1 | 1985–1985 |
| Railroad Comm'n of Wis. v. Maxcy green | 1 | 1985–1985 |
| Gustin v. Shows green | 1 | 1984–1984 |
| Willie B. Keating v. Shell Chemical Company, Willie B. Keating v. Herbert L. Benson green | 1 | 1983–1983 |
| Williams v. Jahncke Service, Inc. green | 1 | 1976–1976 |
| Radio Corp. of America v. Rauland Corp. green | 1 | 1976–1976 |
| Wolff v. Warden neutral | 1 | 1976–1976 |
| Boudreaux v. Rossen neutral | 1 | 1976–1976 |
| Babineaux v. Pernie-Bailey Drilling Co. green | 1 | 1973–1973 |
| Bourgeois v. Ducos green | 1 | 1972–1972 |
| Succession of Williams neutral | 1 | 1972–1972 |
| Bielkiewicz v. Rudisill green | 1 | 1971–1971 |
| Elliott v. Dupuy green | 1 | 1971–1971 |
| Vegas v. Cheramie green | 1 | 1966–1966 |
| Dixie Drive It Yourself System New Orleans Co. v. American Beverage Co. green | 1 | 1962–1962 |
| Austin v. Succession of Austin green | 1 | 1955–1955 |
| Fischer v. Parish School Board neutral | 1 | 1936–1936 |
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.
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.