148 So. 2d 321 - Lee v. Brown’s Empirical Analysis
1962
Citation profile
39 state decisions
How this case has been cited
Cited by 39 later decisions — most recently September 2004 · most notably 366 So. 2d 1308 - State v. Allien (1978), 170 So. 2d 758 - Gardere v. Brown (1964)
39 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 120 Ind. App. 638 - Arthur Winer, Inc. v. Review Board of Indiana Employment Security Division · Maywood Glass Co. v. Stewart · Little Rock Furniture Manufacturing Co. v. Commr. of Labor · 134 So. 2d 384 - Turner v. Brown · 115 So. 2d 405 - King v. Brown
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““... a remand should be permitted only in those instances where the parties have made a reasonable effort to carry their burdens, but, in spite of this reasonable effort, the court feels that it is not possible to make a determination which would do justice to all parties based on the evidence contained in the record. A remand should not be permitted where the parties have not made this reasonable effort to carry the burden imposed by law.””
2 later decisions quote this exact passage“"On review by the courts, the findings of fact by the board are conclusive `if supported by sufficient evidence', LSA-R.S. 23:1634. At the judicial review, `no additional evidence shall be received by the court, but the court may order additional evidence to be taken before the board of review' (and thereafter the board may modify its findings before filing the additional evidence with the court), LSA-R.S. 23:1634."”
2 later decisions quote this exact passage“The appeals referee and the administrative board found that the company produced ‘two witnesses and a signed document to prove that the claimant was intoxicated on the day he was discharged.’ The record indicates that one of the ‘witnesses’ was an executive of the company who had no personal knowledge of the incident and that the ‘signed document’, was a letter addressed to this executive signed by a co-employee stating that the claimant Vas drunk’ on the night of the alleged incident. This hearsay evidence and this ex parte document did not, of course, constitute evidence competent to prove the charged disqualification. It is true that the statute provides that the ‘usual rules of evidence’ do not govern the admissibility of evidence at the administrative hearing. LSA-R.S. 23:1631. Nevertheless, although normally inadmissible evidence may be received at the hearing, the actual findings of the administrative agency that a claimant is disqualified from benefits must be supported by competent evidence. As stated at 81 C.J.S. Social Security and Public Welfare s 221, p. 318: ‘It is generally held that the ^decisions and findings of an administrative tribunal in unemployment compensation cases must be supported by competent evidence. The relaxation of the general rules of evidence does not mean that the administrative tribunal can treat as evidence matter which is not evidence and has no probative force, and it does not justify orders without a basis in evidence having rational p”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.