Foster v. Breaux’s Empirical Analysis
1972
Citation profile
5 federal appellate · 95 state decisions
How this case has been cited
Cited by 107 later decisions — most recently June 2018 · most notably 595 So. 2d 624 - Lima v. Schmidt (1992), 892 So. 2d 1261 - Carter v. Haygood (2005)
5 federal appellate · 95 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 United Carbon Company v. Mississippi River Fuel Corp. · Mansur v. Abraham · Hayes v. Muller · State v. Stewart Bros. Cotton Co. · State v. Younger
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 107 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"All prescriptions affecting the cause of action therein sued upon are interrupted as to all defendants, including minors or interdicts, by the commencement of a civil action in a court of competent jurisdiction and in the proper venue. When the pleading presenting the judicial demand is filed in an incompetent court, or in an improper venue, prescription is interrupted as to the defendant served by the service of process."”
3 later decisions quote this exact passage“"Under Louisiana jurisprudence, prescriptive statutes are strictly construed, and of two permissible constructions that is adopted which favors maintaining rather than barring the action. United Carbon Co. v. Mississippi River Fuel Corp., 230 La. 709 , 89 So.2d 209 (1956); Mansur v. Abraham, 183 La. 633 , 164 So. 421 (1935). Cf. also State v. Stewart Bros. Cotton, 193 La. 16 , 190 So. 317 (1939) (prescription is stricti juris).”
2 later decisions quote this exact passage“[I]t seems to us, where a party tacitly renounces the right to plead a circumstance (improper venue) which might validate a plea of prescription, he may not be permitted to re-urge the circumstance thus renounced in order to validate his prescription plea.”
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.