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← 417 So. 2d 445 - Guste v. Burris

417 So. 2d 445 - Guste v. Burris’s Empirical Analysis

1982

Citation profile

8
cited by 8 later decisions
2
states following
February 2008
most recently cited

8 state decisions

How this case has been cited

Cited by 8 later decisions — most recently February 2008

8 state decisions

60198219902000decided

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 370 So. 2d 521 - Lott v. Haley · 129 So. 2d 816 - Fullilove v. US Casualty Company of New York · 136 So. 2d 275 - Manuel v. Carolina Casualty Insurance Company · Johnson v. Fournet · 282 So. 2d 714 - Gill Trailer & Equip. Rentals, Inc. v. S. D'ANTONI, 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.

  1. “"Art. 8 of the Louisiana Civil Code sets forth the rule of statutory construction in Louisiana: `A law can prescribe only for the future; it can have no retrospective operation, nor can it impair the obligation of contracts.' Generally a law is deemed to be prospective in effect unless its language clearly indicates otherwise or unless it fits within one of the exceptions to the rule which allows retroactive effect to laws which are interpretive, remedial, curative or procedural. Procedural matters established by statute can have retroactive effect in the absence of law showing a contrary intention. However, substantive matters are presumed to be prospective in effect only, and they should not be applied retroactively unless the language used by the legislature shows a clear intent that they should be given retroactive effect. Prior to July 29, 1976, Art. 2315 of the Louisiana Civil Code barred the award of punitive damages and attorney fees in defamation cases. After the adoption of La.C.C. Art. 2315.1, however, an individual could maintain an action in defamation and recover punitive damages and attorney fees if the statement was made with knowledge of its falsity or with reckless disregard of whether it was false or not... It is clear that the intent of the Legislature was to eliminate specific awards for punitive damages and attorney fees in defamation cases. The right to recover punitive damages and attorney fees under article 2315.1 is a `substantive' law. In Manuel v. ”
    1 later decision quote this exact passage
  2. “"A. It is hereby declared to be the public policy of this state, under its police power, to provide for the financial security of surviving spouses and dependent children of law enforcement officers where such officers suffer death as a result of any injury arising out of and in the course of the performance of his official duties as such officer, or arising out of any activity, while on or off duty, in the protection of life or property. B. Law enforcement officers, within the meaning of this Section, shall include: * * * * * * (3) Those municipal police officers to whom state compensation is or may be paid as provided by law." [2]”
    1 later decision quote this exact passage
  3. “"A. In addition to the compensation now paid by any municipality included in this Subpart to any police officer, every police officer employed by any municipality which employs one or more police officers who devotes his full working time to law enforcement shall be paid by the state extra compensation as follows: (1) One hundred fifty dollars per month for each full-time municipal law enforcement officer who has completed or who hereafter completes one year of service." [3]”
    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.