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6 Louisiana opinions name it 1 courts 1966–1981 0 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 |
|---|---|---|
Lacaze v. Hortongreen2 sentences1980Either of these alternatives, in our opinion, would be an extreme application of the principle and would result in effecting a gross injustice toward a plaintiff, under the guise of the application of a humane consideration for the plight of an impecunious defendant' 100 So.2d at 255 ." We cannot agree that the "inability to pay" rule is functional only when there is a common ground which can be reached between the damages due a claimant and the financial abilities of the defendant. 1978Either of these alternatives, in our opinion, would be an extreme application of the principle and would result in effecting a gross injustice toward a plaintiff, under the guise of the application of a humane consideration for the plight of an impecunious defendant." 100 So.2d at 255 . | 1 | 4 |
Daniels v. Conngreen1 sentence1981Either of these alternatives, in our opinion, would be an extreme application of the principle and would result in effecting a gross injustice toward a plaintiff, under the guise of the application of a humane consideration for the plight of an impecunious defendant." A second limitation was adopted in Daniels v. Conn, 382 So.2d 945, 953 (La.1980) wherein the court indicated that: ".... where there are solvent and insolvent tortfeasors liable in solido, evidence of the insolvent defendant's inability to pay may not be considered by the trial judge (trier of fact) in determining damages to be a | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hilburn v. Johnson
green
1 sentence1978Jagers v. Royal Indemnity Company, 276 So.2d 309 (La.1973); Hilburn v. Johnson, 240 So.2d 767 (La.App. 2 Cir. 1970). | 1 | 1978–1978 |
Jagers v. Royal Indemnity Company
green
1 sentence1978Jagers v. Royal Indemnity Company, 276 So.2d 309 (La.1973); Hilburn v. Johnson, 240 So.2d 767 (La.App. 2 Cir. 1970). | 1 | 1978–1978 |
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.