direct violation (Louisiana) · Go Syfert
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direct violation in Louisiana

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.

Followed or applied (8)

CaseFollowedCited
Jurisich v. Jenkinsgreen
la · 1999 · cited in 27 Louisiana opinions naming this issue, 2006–2024
2 sentences

2024While 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

727
Barlow v. Town of Waterproofgreen
lactapp · 2010 · cited in 1 Louisiana opinions naming this issue, 2016–2016
1 sentence

2016TCSI 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 .).

11
State MacHinery v. Iberville Councilgreen
lactapp · 2006 · cited in 1 Louisiana opinions naming this issue, 2008–2008
1 sentence

2008See State Machinery, 05-2240 at p. 4, 952 So.2d at 81 .

11
Ambrose v. New Orleans Police Dept.green
lactapp · 1993 · cited in 1 Louisiana opinions naming this issue, 2005–2005
1 sentence

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

11
De Tarquino v. City of Jersey Citygreen
njsuperctappdiv · 2002 · cited in 1 Louisiana opinions naming this issue, 2005–2005
2 sentences

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

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

11
Parnes v. Bally Entertainment Corp.green
del · 1999 · cited in 1 Louisiana opinions naming this issue, 2003–2003
1 sentence

2003See, 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.

11
Graves v. Lou Ana Foods, Inc.green
lactapp · 1992 · cited in 1 Louisiana opinions naming this issue, 1998–1998
1 sentence

1998Cf. 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.

11
Lisa v. Vermilion Parish Police Jurygreen
lactapp · 1993 · cited in 1 Louisiana opinions naming this issue, 1997–1997
1 sentence

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)).

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 (24)

CaseCitedYears
Concerned Citizens v. Parish of Tangipahoa green
lactapp · 2005
2 sentences

2024Id.

2023Id.

22023–2024
Louisiana Associated Gen. Contr. v. Calcasieu green
la · 1991
2 sentences

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)).

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)).

21993–1997
Two Canal Street Investors, Inc. v. New Orleans Building Corp. green
lactapp · 2016
1 sentence

2022Id.

12022–2022
Yokum v. Pat O'Brien's Bar, Inc. green
lactapp · 2012
1 sentence

2020However, 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

12020–2020
Lafreniere Park v. Friends of Laf. Park green
lactapp · 1997
1 sentence

2019App. 5 Cir. 7/29/97), 698 So.2d 449, 452 , writ denied, 97-2196 (La. 11/21/97), 703 So.2d 1312 .

12019–2019
Lafreniere Park Foundation v. Friends of Lafreniere Park, Inc. neutral
la · 1997
1 sentence

2019App. 5 Cir. 7/29/97), 698 So.2d 449, 452 , writ denied, 97-2196 (La. 11/21/97), 703 So.2d 1312 .

12019–2019
City of Baton Rouge v. 200 GOVERNMENT ST., LLC neutral
lactapp · 2008
1 sentence

2015City 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.

12015–2015
La. State Bar Ass'n v. CARR AND ASSOCIATES green
lactapp · 2009
2 sentences

2012Id., 15 So.3d at 168 .

2012Id., 15 So.3d at 168 .

12012–2012
Broadmoor, LLC v. ERNEST N. MORIAL EXHIBITION green
la · 2004
1 sentence

2012Broadmoor, L.L.C. v. Ernest N. Morial New Orleans Exhibition Hall Authority, 2004-0211 (La.3/18/04), 867 So.2d 651 ; La.

12012–2012
Jurisich v. Jenkins neutral
lactapp · 1998
2 sentences

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 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.

12009–2009
Ambrose v. New Orleans Police Amb. Serv. green
la · 1994
1 sentence

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

12005–2005
Nagy v. Bistricer green
delch · 2000
1 sentence

2003See, 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.

12003–2003
Cede & Co. v. Technicolor, Inc. green
del · 1988
1 sentence

2003See, 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.

12003–2003
Kevin Ross v. Creighton University green
ca7 · 1992
1 sentence

2002The 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 .

12002–2002
State v. Guzman green
la · 2000
1 sentence

2001Even 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 .

12001–2001
State v. Bryant green
lactapp · 2000
1 sentence

2001Even 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 .

12001–2001
Rabas v. Claim Management Services, Inc. neutral
wisctapp · 1996
1 sentence

1998Id.

11998–1998
Levi v. SW La. Elec. Membership Co-Op. green
la · 1989
1 sentence

1992Although 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.

11992–1992
State v. Landry green
la · 1976
1 sentence

1980In 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.

11980–1980
State v. Hall green
la · 1974
1 sentence

1977State v. Hall, 297 So.2d 413 (La.1974). 2 Marr's Criminal Jurisprudence § 663 (1923).

11977–1977
United States v. Coffman neutral
casd · 1943
2 sentences

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 .

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 .

11964–1964
Parks v. Hall green
la · 1938
2 sentences

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.

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.

11944–1944
Bosarge v. Spiess Co. green
lactapp · 1932
11940–1940
Ziegler v. Lamantia neutral
lactapp · 1930
11934–1934

Statutes the citing opinions construe

LA § La. Rev. Stat. § 1 (7) LA § La. Rev. Stat. § 3 (6) LA § La. Rev. Stat. § 26:286 (3) LA § La. Rev. Stat. § 26:90 (3) LA § La. Rev. Stat. § 29:724 (3) LA § La. Rev. Stat. § 33:404 (3)

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.

Where else courts name it

CA 131 (1925–2025) NY 127 (1836–2026) PA 125 (1895–2025) NC 94 (1904–2025) DE 89 (1959–2026) TX 78 (1872–2026) IL 76 (1900–2026) GA 68 (1894–2026) MO 63 (1914–2023) AL 60 (1918–2025) MI 58 (1874–2026) NJ 55 (1968–2026) LA 49 (1934–2024) OH 41 (1905–2025) WA 39 (1913–2025) FL 37 (1958–2025) WI 37 (1876–2025) IN 32 (1885–2025) OR 31 (1907–2025) AR 31 (1899–2026) MA 31 (1975–2024) IA 28 (1899–2024) TN 27 (1919–2025) UT 26 (1942–2024) CT 24 (1978–2023) AZ 22 (1967–2025) MD 22 (1988–2025) MN 17 (1932–2025) OK 15 (1920–2020) KS 15 (1890–2024) NM 13 (1963–2025) NE 13 (1871–2021) ID 12 (1905–2023) DC 12 (1914–2024) KY 12 (1917–2025) CO 12 (1977–2013) MS 11 (1947–2024) WY 11 (1978–2024) RI 10 (1981–2022) HI 10 (1925–2024) ME 9 (1992–2018) SD 9 (1946–2015) NH 9 (1852–2007) VT 9 (1963–2025) WV 8 (1951–2023) AK 7 (1995–2025) MT 6 (1913–2018) NV 6 (2017–2025) VA 6 (1905–2025) ND 5 (1919–2019) SC 2 (2006–2008)

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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