38 So. 3d 457 - ORRILL v. AIG, Inc.’s Empirical Analysis
2010
Citation profile
8 state decisions
Relationships
Relies on Protective Committee for Independent Stockholders of TMT Trailer Ferry, Inc. v. Anderson · Matsushita Electric Industrial Co. v. Epstein · Rush PETTWAY Et Al., Plaintiffs-Appellants, v. AMERICAN CAST IRON PIPE COMPANY, a Corporation, Defendant-Appellee · Girsh v. Jepson · Adams Extract Co. v. Pleasure Hours, Inc.
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The facts and procedural posture of Orrill are so far removed from what is presented here that it is difficult to imagine any set of circumstances in which Orrill and this litigation could be mentioned in the same breath. This litigation involves a sihgle class action— this proposed settlement class — and a series of individual actions; there are not multiple, competing class actions. Orrill, on the other hand, involved three separate class action lawsuits in three different jurisdictions, in each of which a trial class had been defined and certified. Id. at -3 [458-61]. Orrill was first-filed, but was the last case to be certified for class action treatment. Id. at [458-59]. Nonetheless, when the parties in Orrill reached a proposed class settlement, they sought certification of a re-defined settlement class to subsume members of the class in one of the other previously-certified class actions (Oubre). Id. at [460-61], [464-65]. In Orrill district court then issued a temporary restraining order prohibiting Oubre counsel from contacting any member of the re-defined Orrill settlement class. Id. at [464-65]. Notwithstanding this Court’s grant of a writ holding that the district court could not enjoin Oubre class-appointed counsel from communicating with their clients, the district court issued a preliminary injunction allowing Oubre counsel to contact their own class members but prohibiting them from contacting any Orrill class members, a hollow ruling for Oubre counsel because”
1 later decision quote this exact passage““The exercise of discretion is to be tested by inquiries that ensure that the settlement is in the best interest of the class, does not unfairly impinge on the rights and interests of dissenters, and does not merely mantle oppression.” (internal citations omitted) ... “As viewed by this Court, we must examine whether the re-definition of the class and the ensuing settlement adversely impacted the vested, substantive rights of persons who were actual or potential members of the Oubre class.” Orrill v. AIG, Inc., 20009-CA-0888 [2009-0888] [At] p. 11 (4th Cir.2010) [ (La.App. 4th Cir.2010), 38 So.3d 457 ],”
1 later decision quote this exact passage“All persons insured by or through the Louisiana Citizens’ [sic] Fair Plan, and/or the Coastal Plan, underwritten, administered and/or serviced by any one or more of the named defendants, who sustained damages as a result of Hurricane Katrina to their covered personal and/or rental property and/or real property and improvements who have been unable to receive prompt adjustment within thirty days after notification of their loss, and/or who did not receive a written offer to settle within thirty days after receipt of satisfactory proof of loss of that claim, as provided by their policies of insurance.”
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.