Conerly v. State’s Empirical Analysis
1998
Citation profile
1 federal appellate · 30 state decisions
How this case has been cited
Cited by 31 later decisions — most recently June 2019 · most notably 973 So. 2d 693 - Miller v. Lammico (2008), Pumphrey v. City of New Orleans (2006)
1 federal appellate · 30 state decisions
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 Insurance Co. of North America v. United States Department of Labor · Insurance Co. of North America v. United States Department of Labor · 477 So. 2d 1094 - Sibley v. Bd. of Sup'rs of Louisiana State University · 617 So. 2d 885 - Touchard v. Williams · 633 So. 2d 1210 - Kelty v. Brumfield
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[B]ecause the MLSSA limits the liability of certain health care providers in derogation of the general rights of tort victims, any ambiguities in the Act should be strictly construed against coverage. On the other hand, legislation is a solemn expression of legislative will, and therefore, interpretation of a law involves primarily the search for the legislature's intent. Hence, when a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written, and no further interpretation may be made in search of the intent of the legislature. When the language of the law is susceptible of different meanings, however, it must be interpreted as having the meaning that best conforms to the purpose of the law, and the meaning of ambiguous words must be sought by examining the context in which they occur and the text of the law as a whole. Additionally, laws on the same subject matter must be interpreted in reference to each other. If application of the foregoing rules of interpretation fails to illuminate definitively the legislature's intent, only then should the rule of strict construction apply to the interpretation of laws in derogation of common rights such as the MLSSA.”
4 later decisions quote this exact passage“), it was the legislature's intent that a claimant should not recover more than that which would be allowed under the same circumstances under the Medical Malpractice Act (”
3 later decisions quote this exact passage“[T]he purpose of the MLSSA is two-fold. Primarily, the Act was passed to insure an adequate supply of physicians and other professionals providing health care services on behalf of the state (1) by prohibiting judgments based on an act of such a person’s malpractice in excess of $500,000, exclusive of medical expenses; and (2) by providing the state shall pay the judgments and costs of defense associated with such malpractice. Secondly, the Act was intended to protect the public fisc by limiting the potential liability of the state for malpractice committed by a covered “person” to $500,000.... Obviously, allowing two caps in the instant case would not protect the public fisc as sufficiently as a single cap would. As we stated in Sibley, the statute in effect limits the state’s vicarious liability because it prohibits “any judgment whatsoever ” based on the malpractice of covered health care providers in excess of the statutory limitation. Given the above discussion of the legislative history and purpose of the relevant statutory provisions, we find the legislature intended only one cap for both survival action and wrongful death claims. [Citations omitted; emphasis in the original]”
2 later decisions 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.