McGowan v. Ramey’s Empirical Analysis
1986
Citation profile
24 state decisions
Relationships
Applies 15 U.S.C. § 1601 (§ 102 of the Truth in Lending Act) · 15 U.S.C. § 1640 (§ 130 of the Truth in Lending Act)
Relies on 475 So. 2d 1085 - McDill v. Utica Mut. Ins. Co. · 377 So. 2d 1325 - Gustin v. Shows · Smith v. Leger · 399 So. 2d 168 - Dornak v. Lafayette General Hospital · Roustabouts, Inc. v. Hamer
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The doctrine of res judicata conclusively presumes the correctness of a judgment and precludes the relitigation of the judgment. La.R.S. 15:433; Dornak v. Lafayette General Hospital, 399 So.2d 168 (La.1981). When the judgment no longer can be litigated, it is said to have the authority of the thing adjudged. La. C.C. art. 3556(31). Relitigation of the object of a judgment is barred by the doctrine of res judicata when (1) the thing demanded is the same; (2) the demand is founded on the same cause of action; (3) the demand is between the same parties and is found by them against each other in the same quality. La.C.C. art. 2286;4 Safeco Insurance Company of America v. Palermo, 436 So.2d 536 (La.1983). The objection of res judicata raises this issue procedurally. La.C.C.P. art. 927(2).”
2 later decisions quote this exact passage“The objection of no cause of action raised in a peremptory exception tests the legal sufficiency of the petition and all the allegations of the petition are accepted as true; an objection of no cause of action is sustained only where the law affords no remedy to plaintiff under the allegations of his petition.... If a petition states a cause of action on any ground or portion of the demand, the objection of no cause of action must be overruled.”
2 later decisions quote this exact passage“"There is only one unfair trade practice cause of action pled in the petition. The claim for treble damages is an accessory claim for one of the several elements of relief sought."”
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.