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6 Louisiana opinions name it 1 courts 1939–2004 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 |
|---|---|---|
Reymond v. State Ex Rel. Department of Highwaysgreen2 sentences1984In Reymond v. State, Department of Highways, 255 La. 425, 433 , 231 So.2d 375, 383 (1970), the Louisiana Supreme Court states, "Since a taking or damaging of property may in fact occur without expropriation proceedings by a public body through oversight or lack of foresight, there must be some proceeding whereby an owner may seek redress when his property is damaged or taken without the proper exercise of eminent domain. 1984In Reymond v. State, Department of Highways, 255 La. 425, 433 , 231 So.2d 375, 383 (1970), the Louisiana Supreme Court states, "Since a taking or damaging of property may in fact occur without expropriation proceedings by a public body through oversight or lack of foresight, there must be some proceeding whereby an owner may seek redress when his property is damaged or taken without the proper exercise of eminent domain. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
White v. Monsanto Co.
green
1 sentence2004While we are allowing this bare claim to proceed, the measure of such claim and any damages should require proof similar to that for the tort of intentional infliction of emotional distress as set by White v. Monsanto, 585 So.2d 1205 (La.1991). | 1 | 2004–2004 |
Allstate Ins. Co. v. Theriot
yellow
1 sentence1983In Allstate Insurance Co. v. Theriot, 376 So.2d 950 (La.1979), the Supreme Court quoted from Nini v. Sanford Brothers, Inc., 276 So.2d 262 (La.1973) as follows: "When the defendant knows or should know, prior to the expiration of the prescriptive period, that legal demands are made upon him from the occurrence described in the petition filed, prescription is interrupted." And then, in further elaboration as to the basis for a line of cited jurisprudence, said at page 954: "The underlying reason why prescription does not bar the subsequent claim in these instances is that the defendant has adeq | 1 | 1983–1983 |
Nini v. Sanford Brothers, Inc.
green
1 sentence1983In Allstate Insurance Co. v. Theriot, 376 So.2d 950 (La.1979), the Supreme Court quoted from Nini v. Sanford Brothers, Inc., 276 So.2d 262 (La.1973) as follows: "When the defendant knows or should know, prior to the expiration of the prescriptive period, that legal demands are made upon him from the occurrence described in the petition filed, prescription is interrupted." And then, in further elaboration as to the basis for a line of cited jurisprudence, said at page 954: "The underlying reason why prescription does not bar the subsequent claim in these instances is that the defendant has adeq | 1 | 1983–1983 |
State Through Dept. of Highways v. Constant
green
1 sentence1980Potentially the most far reaching change was the inclusion of the phrase, `the owner shall be compensated to the full extent of his loss.' Although section 4 retains the phrase `just compensation,' the courts have looked to the new phraseology as the measure or standard for compensation." [3] In State v. Constant, 369 So.2d 699 (La. 1979) the Louisiana Supreme Court construed this constitutional provision to require compensation for any economic loss sustained by the property owner, including the cost of replacing his business facilities. | 1 | 1980–1980 |
Levenberg v. Shanks
green
2 sentences1955One of the leading cases bearing upon the point here at issue, and one which has been often cited by our courts, is that of Levenberg v. Shanks, 165 La. 419 , 115 So. 641, 642 . 1955One of the leading cases bearing upon the point here at issue, and one which has been often cited by our courts, is that of Levenberg v. Shanks, 165 La. 419 , 115 So. 641, 642 . | 1 | 1955–1955 |
Reeves v. Globe Indemnity Co. of New York
green
2 sentences1939In Reeves v. Globe Indemnity Company of New York, 185 La. 42 , 168 So. 488 , the Supreme Court held that the action brought in that case was sufficient to apprise the defendant of the nature of the demand even though the petition had insufficiently alleged a cause of action and that the same had the effect of interrupting prescription. 1939In Reeves v. Globe Indemnity Company of New York, 185 La. 42 , 168 So. 488 , the Supreme Court held that the action brought in that case was sufficient to apprise the defendant of the nature of the demand even though the petition had insufficiently alleged a cause of action and that the same had the effect of interrupting prescription. | 1 | 1939–1939 |
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.