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← 342 So. 2d 236 - Simmons v. Brooks

342 So. 2d 236 - Simmons v. Brooks’s Empirical Analysis

1977

Citation profile

14
cited by 14 later decisions
3
states following
January 2019
most recently cited

11 state decisions

How this case has been cited

Cited by 14 later decisions — most recently January 2019

11 state decisions

5019771980199020002010decided

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 316 So. 2d 366 - King v. Cancienne · 297 So. 2d 506 - Collins v. Becnel · 333 So. 2d 322 - Bertrand v. State Farm Fire & Cas. Co. · 315 So. 2d 340 - Moore v. Kinney

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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"[T]he adopted person and his lawful descendants are relieved of all of their legal duties and divested of all of their legal rights with regard to the blood parent or parents and other blood relatives, except the right of inheritance from them."”
    2 later decisions quote this exact passage
  2. “The jurisprudence is clear that LSA-R.C.C. Article 2315 [the wrongful death statute] is not part of the law of successions and thus, neither the survival action nor the wrongful death action are rights which are transmitted from the tort victim to his heirs as an inheritance. ... . The right to recover for a wrongful death is not an inheritance right. That right of action in tort is a legal right which is divested from the child at the time of his adoption in accord with LSA-R.C.C. Article 214 [the adoption statute].”
    1 later decision quote this exact passage
  3. “"The jurisprudence is clear that LSA-R.C. Article 2315 is not part of the law of successions and thus, neither the survival action nor the wrongful death action are rights which are transmitted from the tort victim to his heirs as an inheritance. King v. Cancienne, La. 316 So.2d 366 (1975); Moore v. Kinney, 315 So.2d 340 (La.App. 3 Cir.1975); Collins v. Becnel 297 So.2d 506 (La.App. 4 Cir. 1974)."”
    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.