Public-domain · open source
OpenJurist
← 650 So. 2d 436 - Hebert v. Hebert

650 So. 2d 436 - Hebert v. Hebert’s Empirical Analysis

1995

Citation profile

5
cited by 5 later decisions
1
states following
October 2015
most recently cited

5 state decisions

Relationships

Relies on 617 So. 2d 880 - Stobart v. State Through DOTD · Jordan v. Travelers Insurance Company · 625 So. 2d 1002 - Lasha v. Olin Corp. · 332 So. 2d 834 - TL James & Co., Inc. v. Montgomery · 403 So. 2d 56 - Curtis v. Curtis

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

  1. “Louisiana jurisprudence has firmly established that the only issue with respect to gifts of this nature is whether the donor intended her donation as a gift to the individual or to the community. In answering that question, the intention of the don'or controls the identity of the donee or donees. Allbritton v. Allbritton, 561 So.2d 125 (La.App. 3rd Cir.), writs denied, 565 So.2d 445 , 454 (La.1990). As stated earlier, the burden of overcoming the presumption of community property set out in LSA-C.C. Art. 2340 rests upon the party who asserts that the property is separate. Id.”
    1 later decision quote this exact passage
  2. “Things in the possession of a spouse during the existence of a regime of community of acquets and gains are presumed to be community, but either spouse may prove that they are separate.”
    1 later decision quote this exact passage · from the dissent

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.