40 So. 3d 1128 - In Re Manus’s Empirical Analysis
2010
Citation profile
4 state decisions
Relationships
Relies on 892 So. 2d 1261 - Carter v. Haygood · 486 So. 2d 717 - Hebert v. Doctors Memorial Hosp. · In Re Medical Review Panel, Claim of Moses · Borel v. Young · 978 So. 2d 562 - Carter v. Ochsner Clinic Foundation
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Louisiana Supreme Court has held that both the one-year and three- year periods set forth in La. R.S. 9:5628 are prescriptive periods, as opposed to preemptive periods. Being prescriptive periods, the time periods are subject to interruption or suspension and are susceptible to the doctrine of contra non valentem. Contra non valentem, which means that prescription does not run against a person who could not bring his suit, is a jurisprudential doctrine under which prescription may be suspended. Contra non valentem applies in four general situations to prevent the running of prescription: (1) where there was some legal cause which prevented the courts or their officers from taking cognizance of or acting on the plaintiffs action; (2) where there was some condition coupled with the contract or connected with the proceedings which prevented the creditor from suing or acting; (3) where the debtor himself has done some act effectually to prevent the creditor from availing himself of his cause of action; and (4) where the cause of action is not known or reasonably knowable by the plaintiff, even though this ignorance is not induced by the defendant. Both the third and fourth categories of contra non valentem have been applied to medical malpractice actions. The fourth category of contra non valen-tem, commonly known as the “discovery rule,” has been codified in La. R.S. 9:5628. However, as explained by the supreme court, the codified discovery exception of contra non valentem u”
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.