49 Louisiana opinions name it 2 courts 1934–2024 8 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 |
|---|---|---|
Jurisich v. Jenkinsgreen2 sentences2024While it is normally required to show irreparable injury in order to succeed on a preliminary injunction, such a showing is unnecessary when “the conduct sought to be restrained is unconstitutional or unlawful i.e., when the conduct sought to be enjoined constitutes a direct violation of a prohibitory law and/or a violation of a constitutional right.” Jurisich v. Jenkins, 99-0076 (La. 10/19/99), 749 So. 2d 597, 599 (citing S. Cent. 2022GRANT OF INJUNCTIVE RELIEF BY THE TRIAL COURT We are also called upon to decide whether the trial court was correct in granting injunctive relief against the ATC and in favor of Shenanigans, prohibiting the ATC from prospectively enforcing COVID restrictions against Shenanigans. 21-CA-304 18 The Supreme Court, in Jurisich v. Jenkins, 99-0076 (La.10/19/99), 749 So.2d 597, 599 , set forth the exception to the irreparable harm requirement for the grant of injunctive relief as follows: A petitioner is entitled to injunctive relief without the requisite showing of irreparable injury when the conduc | 7 | 27 |
Barlow v. Town of Waterproofgreen1 sentence2016TCSI claims that “[a] showing of irreparable injury is not necessary ... when the conduct sought to be restrained is unconstitutional or unlawful, ie.,-when the conduct sought to be enjoined constitutes a direct violation of prohibitory law and/or violation of a constitutional right.” Barlow v. Town of Waterproof, 45,211, p. 7 (La.App. 3 Cir. 5/19/10), 39 So.3d 768, 773 (citing Jurisich v. Jenkins, 199-0076 (La.10/19/99), 749 So.2d 597 .). | 1 | 1 |
State MacHinery v. Iberville Councilgreen1 sentence2008See State Machinery, 05-2240 at p. 4, 952 So.2d at 81 . | 1 | 1 |
Ambrose v. New Orleans Police Dept.green1 sentence2005Ambrose v. New Orleans Police Dep't Ambulance Service, 627 So.2d 233, 242-43 (La.App. 4th Cir.1993), rev'd on other grounds, 93-3099, 93-3110, 93-3112 (La.7/5/94), 639 So.2d 216 . [20] The parties have not disputed the first requirement. [21] Giving a circumscribed construction to an EMT immunity statute and finding it did not encompass the negligent preparation of a run report, the court in DeTarquino reasoned, "[i]f the Legislature had intended to confer a more expansive form of immunity upon EMT[s] . . . it could have conferred general immunity upon such persons for any negligent conduct in | 1 | 1 |
De Tarquino v. City of Jersey Citygreen2 sentences2005Ambrose v. New Orleans Police Dep't Ambulance Service, 627 So.2d 233, 242-43 (La.App. 4th Cir.1993), rev'd on other grounds, 93-3099, 93-3110, 93-3112 (La.7/5/94), 639 So.2d 216 . [20] The parties have not disputed the first requirement. [21] Giving a circumscribed construction to an EMT immunity statute and finding it did not encompass the negligent preparation of a run report, the court in DeTarquino reasoned, "[i]f the Legislature had intended to confer a more expansive form of immunity upon EMT[s] . . . it could have conferred general immunity upon such persons for any negligent conduct in 2005Ambrose v. New Orleans Police Dep't Ambulance Service, 627 So.2d 233, 242-43 (La.App. 4th Cir.1993), rev'd on other grounds, 93-3099, 93-3110, 93-3112 (La.7/5/94), 639 So.2d 216 . [20] The parties have not disputed the first requirement. [21] Giving a circumscribed construction to an EMT immunity statute and finding it did not encompass the negligent preparation of a run report, the court in DeTarquino reasoned, "[i]f the Legislature had intended to confer a more expansive form of immunity upon EMT[s] . . . it could have conferred general immunity upon such persons for any negligent conduct in | 1 | 1 |
Parnes v. Bally Entertainment Corp.green1 sentence2003See, e.g., Parnes v. Bally Entertainment Corporation, 722 A.2d 1243 (Del.1999); Nagy v. Bistricer, 770 A.2d 43 (Del.Ch.2000); Cede & Co. v. Technicolor, Inc., 542 A.2d 1182 (Del.1988)." However, the court in Parnes specifically stated: "[A] claim alleging corporate mismanagement, and a resulting drop in the value of a company's stock is a classic derivative claim; the alleged wrong harms the corporation directly and all of its shareholders indirectly. | 1 | 1 |
Graves v. Lou Ana Foods, Inc.green1 sentence1998Cf. Graves v. Lou Ana Foods, Inc., 604 So.2d 150, 163-64 (La.App. 3rd Cir.1992) (Direct defendant, sought indemnity from plaintiff's employer based on language appearing on the reverse side of a work order. | 1 | 1 |
Lisa v. Vermilion Parish Police Jurygreen1 sentence1997Louisiana Associated General Contractors, Inc. v. Calcasieu Parish School Board, 586 So.2d 1354 (La.1991)." Legislation in Support of Animals v. Vermilion Parish Police Jury, 617 So.2d 1243, 1246-47 (La.App. 3 Cir.1993); (citing Louisiana Associated *543 General Contractors, Inc. v. Calcasieu Parish School Board, 586 So.2d 1354 (La.1991)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Concerned Citizens v. Parish of Tangipahoa
green
2 sentences2024Id. 2023Id. | 2 | 2023–2024 |
Louisiana Associated Gen. Contr. v. Calcasieu
green
2 sentences1997Louisiana Associated General Contractors, Inc. v. Calcasieu Parish School Board, 586 So.2d 1354 (La.1991)." Legislation in Support of Animals v. Vermilion Parish Police Jury, 617 So.2d 1243, 1246-47 (La.App. 3 Cir.1993); (citing Louisiana Associated *543 General Contractors, Inc. v. Calcasieu Parish School Board, 586 So.2d 1354 (La.1991)). 1997Louisiana Associated General Contractors, Inc. v. Calcasieu Parish School Board, 586 So.2d 1354 (La.1991)." Legislation in Support of Animals v. Vermilion Parish Police Jury, 617 So.2d 1243, 1246-47 (La.App. 3 Cir.1993); (citing Louisiana Associated *543 General Contractors, Inc. v. Calcasieu Parish School Board, 586 So.2d 1354 (La.1991)). | 2 | 1993–1997 |
Two Canal Street Investors, Inc. v. New Orleans Building Corp.
green
1 sentence2022Id. | 1 | 2022–2022 |
Yokum v. Pat O'Brien's Bar, Inc.
green
1 sentence2020However, as this Court recognized in Yokum, 12-0217, p. 8, 99 So.3d at 81 , an exception to the requirement that irreparable injury be shown was created by the Louisiana Supreme Court when the injunction “seeks only to order compliance with a prohibitory law.” The Supreme Court explained: A petitioner is entitled to injunctive relief without the requisite showing of irreparable injury when the conduct sought to be restrained is unconstitutional or unlawful, i.e., when the conduct sought to be enjoined constitutes a direct violation of a prohibitory law and/or a violation of a constitutional ri | 1 | 2020–2020 |
Lafreniere Park v. Friends of Laf. Park
green
1 sentence2019App. 5 Cir. 7/29/97), 698 So.2d 449, 452 , writ denied, 97-2196 (La. 11/21/97), 703 So.2d 1312 . | 1 | 2019–2019 |
Lafreniere Park Foundation v. Friends of Lafreniere Park, Inc.
neutral
1 sentence2019App. 5 Cir. 7/29/97), 698 So.2d 449, 452 , writ denied, 97-2196 (La. 11/21/97), 703 So.2d 1312 . | 1 | 2019–2019 |
City of Baton Rouge v. 200 GOVERNMENT ST., LLC
neutral
1 sentence2015City of Baton Rouge/Parish of East Baton Rouge, 995 So.2d at 35-36 . 17Cooper contends that the retail sale of expired over-the-counter medication is a direct violation of- Section 331 of the FDCA. | 1 | 2015–2015 |
La. State Bar Ass'n v. CARR AND ASSOCIATES
green
2 sentences2012Id., 15 So.3d at 168 . 2012Id., 15 So.3d at 168 . | 1 | 2012–2012 |
Broadmoor, LLC v. ERNEST N. MORIAL EXHIBITION
green
1 sentence2012Broadmoor, L.L.C. v. Ernest N. Morial New Orleans Exhibition Hall Authority, 2004-0211 (La.3/18/04), 867 So.2d 651 ; La. | 1 | 2012–2012 |
Jurisich v. Jenkins
neutral
2 sentences2009Jurisich v. Jenkins, 97-1870, p. 4 (La.App. 1 Cir. 9/25/98), 722 So.2d 1008, 1011 , reversed on other grounds, 99-0076 (La.10/19/99), 749 So.2d 597 . [3] CDI Corporation asserts that it was entitled to injunctive relief because the solicitation and hiring of CDI Corporation employees was a direct violation of the agreement. 2009Jurisich v. Jenkins, 97-1870, p. 4 (La.App. 1 Cir. 9/25/98), 722 So.2d 1008, 1011 , reversed on other grounds, 99-0076 (La.10/19/99), 749 So.2d 597 . 3 CDI Corporation asserts that it was entitled to in-junctive relief because the solicitation and hiring of CDI Corporation employees was a direct violation of the agreement. | 1 | 2009–2009 |
Ambrose v. New Orleans Police Amb. Serv.
green
1 sentence2005Ambrose v. New Orleans Police Dep't Ambulance Service, 627 So.2d 233, 242-43 (La.App. 4th Cir.1993), rev'd on other grounds, 93-3099, 93-3110, 93-3112 (La.7/5/94), 639 So.2d 216 . [20] The parties have not disputed the first requirement. [21] Giving a circumscribed construction to an EMT immunity statute and finding it did not encompass the negligent preparation of a run report, the court in DeTarquino reasoned, "[i]f the Legislature had intended to confer a more expansive form of immunity upon EMT[s] . . . it could have conferred general immunity upon such persons for any negligent conduct in | 1 | 2005–2005 |
Nagy v. Bistricer
green
1 sentence2003See, e.g., Parnes v. Bally Entertainment Corporation, 722 A.2d 1243 (Del.1999); Nagy v. Bistricer, 770 A.2d 43 (Del.Ch.2000); Cede & Co. v. Technicolor, Inc., 542 A.2d 1182 (Del.1988)." However, the court in Parnes specifically stated: "[A] claim alleging corporate mismanagement, and a resulting drop in the value of a company's stock is a classic derivative claim; the alleged wrong harms the corporation directly and all of its shareholders indirectly. | 1 | 2003–2003 |
Cede & Co. v. Technicolor, Inc.
green
1 sentence2003See, e.g., Parnes v. Bally Entertainment Corporation, 722 A.2d 1243 (Del.1999); Nagy v. Bistricer, 770 A.2d 43 (Del.Ch.2000); Cede & Co. v. Technicolor, Inc., 542 A.2d 1182 (Del.1988)." However, the court in Parnes specifically stated: "[A] claim alleging corporate mismanagement, and a resulting drop in the value of a company's stock is a classic derivative claim; the alleged wrong harms the corporation directly and all of its shareholders indirectly. | 1 | 2003–2003 |
Kevin Ross v. Creighton University
green
1 sentence2002The court stated, "According to the complaint, Creighton realized Mr. Ross' academic limitations when it admitted him, and, to induce him to attend and play basketball, Creighton assured Mr. Ross that he would receive sufficient tutoring so that he `would receive a meaningful education while at Crieghton.'" Id. at 411 . | 1 | 2002–2002 |
State v. Guzman
green
1 sentence2001Even in the context of a direct challenge to a guilty plea, this Court has stated that the failure to advise a defendant of sentencing exposure does not form part of the core Boykin requirements for taking a plea." Id. at 604 605, citing State v. Guzman, 99-1528, 99-1753 (La.5/16/00), 769 So.2d 1158 . | 1 | 2001–2001 |
State v. Bryant
green
1 sentence2001Even in the context of a direct challenge to a guilty plea, this Court has stated that the failure to advise a defendant of sentencing exposure does not form part of the core Boykin requirements for taking a plea." Id. at 604 605, citing State v. Guzman, 99-1528, 99-1753 (La.5/16/00), 769 So.2d 1158 . | 1 | 2001–2001 |
Rabas v. Claim Management Services, Inc.
neutral
1 sentence1998Id. | 1 | 1998–1998 |
Levi v. SW La. Elec. Membership Co-Op.
green
1 sentence1992Although such a legal obligation is not imposed to protect the utterly indifferent or foolhardy, at the same time, however, its protection is not restricted to those whose senses are precisely attuned to the prospect of the particular warning called for." As in Levi, supra, there is nothing in the record which shows that Graves would have ignored a direct warning by Lou Ana regarding the high voltage lines. | 1 | 1992–1992 |
State v. Landry
green
1 sentence1980In State v. Landry, 339 So.2d 8 (La.1976) this Court held that the trial judge erred in granting the state a rehearing to produce further evidence after the defendant's motion to suppress had been sustained. | 1 | 1980–1980 |
State v. Hall
green
1 sentence1977State v. Hall, 297 So.2d 413 (La.1974). 2 Marr's Criminal Jurisprudence § 663 (1923). | 1 | 1977–1977 |
United States v. Coffman
neutral
2 sentences1964The purpose of the entry, of the house, over the objection of the defendant, could not have been ‘to. make an arrest’, for the arrest had already been made and the defendant was in the custody of the officers, a quarter of a mile from the dwelling house.” 50 F.Supp. at 825 . 1964The purpose of the entry of the house, over the objection of the defendant, could not have been `to make an arrest', for the arrest had already been made and the defendant was in the custody of the officers, a quarter of a mile from the dwelling house." 50 F.Supp. at 825 . | 1 | 1964–1964 |
Parks v. Hall
green
2 sentences1944In the case of Parks v. Hall, 189 La. 849 , 181 So. 191 , and the many cases which have followed it, the courts have consistently held that the permission of the insured must be present in order for the operator of the car or truck to be an additional insured. 1944In the case of Parks v. Hall, 189 La. 849 , 181 So. 191 , and the many cases which have followed it, the courts have consistently held that the permission of the insured must be present in order for the operator of the car or truck to be an additional insured. | 1 | 1944–1944 |
| Bosarge v. Spiess Co. green | 1 | 1940–1940 |
| Ziegler v. Lamantia neutral | 1 | 1934–1934 |
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.