heavy presumption (Louisiana) · Go Syfert
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heavy presumption in Louisiana

6 Louisiana opinions name it 1 courts 1982–2023 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
Guste v. Connickgreen
la · 1987 · cited in 1 Louisiana opinions naming this issue, 2023–2023
1 sentence

2023Guste v. Connick, 515 So. 2d 436, 438 ( La. 1987).

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 (7)

CaseCitedYears
Dupree v. Louisiana Transit Management, Inc. green
lactapp · 1983
2 sentences

2011Dupree, supra. Relying on Craighead v. Preferred Mutual Risk Insurance Co., 33,731 (La.App. 2 Cir. 8/25/00), 769 So.2d 112 , writ denied, 00-2946 (La.12/15/00), 777 So.2d 1230 , Ms. Williams argues that it was error for the trial court to base its determination of non-liability on whether or not the bus was moving.

2008Dupree, supra .

22008–2011
Craighead v. Preferred Risk Mutual Insurance Co. green
la · 2000
1 sentence

2011Dupree, supra. Relying on Craighead v. Preferred Mutual Risk Insurance Co., 33,731 (La.App. 2 Cir. 8/25/00), 769 So.2d 112 , writ denied, 00-2946 (La.12/15/00), 777 So.2d 1230 , Ms. Williams argues that it was error for the trial court to base its determination of non-liability on whether or not the bus was moving.

12011–2011
Craighead v. Preferred Risk Mut. Ins. Co. green
lactapp · 2000
1 sentence

2011Dupree, supra. Relying on Craighead v. Preferred Mutual Risk Insurance Co., 33,731 (La.App. 2 Cir. 8/25/00), 769 So.2d 112 , writ denied, 00-2946 (La.12/15/00), 777 So.2d 1230 , Ms. Williams argues that it was error for the trial court to base its determination of non-liability on whether or not the bus was moving.

12011–2011
In Re The Prudential Insurance Company Of America Sales Practice Litigation All Agent Actions green
ca3 · 1998
1 sentence

1999The United States Third Circuit Court of Appeals also addressed this issue in In re Prudential, 133 F.3d 225 , and concluded that in light of the heavy presumption in favor of arbitration, the insurance business exception did not apply where an employment dispute required resolution of an insurance business issue.

11999–1999
Pilipovich v. New Orleans Public Service green
lactapp · 1982
1 sentence

1983Pilipovich v. New Orleans Public Service, Inc., 422 So.2d 262 (La.App. 4th Cir.1982).

11983–1983
Galland v. NEW ORLEANS PUB. SERVICE, INC. green
la · 1979
2 sentences

1982The Supreme Court in Galland v. New Orleans Public Service, Inc., 377 So.2d 84 (La.1979) stated very succinctly that a mere showing of an injury to the fare paying passenger will impose liability on the common carrier and it is up to the carrier to overcome the heavy presumption of negligence which accompanies the highest degree of care imposed on common carrier for the safety of the passengers.

1982This court in Holman v. NOPSI, 398 So.2d 1233 (La.App. 4th Cir. 1981) has reiterated the view expressed in Galland, supra, pertaining to the heavy burden placed on the common carrier in instances such as this.

11982–1982
Holman v. New Orleans Public Service, Inc. neutral
lactapp · 1981
1 sentence

1982This court in Holman v. NOPSI, 398 So.2d 1233 (La.App. 4th Cir. 1981) has reiterated the view expressed in Galland, supra, pertaining to the heavy burden placed on the common carrier in instances such as this.

11982–1982

Where else courts name it

MI 223 (1982–2026) NY 84 (1975–2026) TX 59 (1973–2026) IL 38 (1975–2025) CA 36 (1967–2024) AL 29 (1981–2017) WA 29 (1968–2026) MS 18 (1990–2025) PA 18 (1975–2026) FL 17 (1975–2023) OH 17 (1982–2022) IN 16 (1992–2026) WI 12 (1988–2004) MA 11 (1982–2020) DE 11 (1992–2025) MD 11 (1982–2026) CO 9 (1971–2010) AZ 9 (1984–2018) TN 9 (2001–2017) RI 8 (1972–2010) MN 7 (1975–2015) NV 6 (1976–2020) GA 6 (1984–2022) NJ 6 (1968–1993) LA 6 (1982–2023) ME 5 (1996–2022) AR 5 (1980–2025) CT 5 (1996–2005) IA 4 (1984–2016) ND 4 (1986–1996) UT 4 (1983–2003) KY 4 (2010–2024) WV 3 (1989–2015) WY 3 (2011–2015) NC 3 (1979–2017) NH 3 (2010–2023) SC 2 (2013–2016) DC 2 (1979–2008) NM 2 (1996–2011) VA 2 (1977–2023) KS 2 (1984–2020) OK 2 (1979–2023)

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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