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← 649 SO2D 111 - Brant v. Brant

Brant v. Brant’s Empirical Analysis

1995

Citation profile

9
cited by 9 later decisions
1
states following
November 2008
most recently cited

9 state decisions

Relationships

Relies on 358 So. 2d 919 - Sims v. Sims · 332 So. 2d 834 - TL James & Co., Inc. v. Montgomery · State ex rel. Smith v. Book · Lachney v. Lachney · Lachney v. Lachney

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

  1. “Damages due to personal injuries, including workman's compensation benefits, sustained during the existence of the community by a spouse are separate property. LSA-C.C. Art. 2344; Comment a, LSA-C.C. Art. 2344; Roge v. Roge, 604 So.2d 721 (La.App.2d Cir.1992). The non-injured spouse does not have an interest in the portion of the award designed to compensate the injured spouse for the loss of earnings accruing after termination of the community property regime. Although this portion of the award would be classified as community property during the existence of the regime, it is classified as the separate property of the injured spouse upon termination of the community. Comment b, LSA-C.C. Art. 2344; West v. Ortego, 325 So.2d 242 (La.1975).”
    1 later decision quote this exact passage
  2. “As stated by the court in Lachney , inquiry must be made to determine whether the disability benefits represent deferred compensation in the nature of retirement or pension income or compensation to an injured employee for lost earnings in the event the employee becomes incapacitated due to serious illness or injury.”
    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.