Gilmore v. State’s Empirical Analysis
1955
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently November 1978
9 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 Ricks v. Department of State Civil Service · Jackson v. American Employers' Ins. Co. · Lunkin v. Triangle Farms, Inc. · Brister v. Wray Dickinson Co. · Conley v. City of Shreveport
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.
“"We feel that the constitutional permission to waive `any prescription' provided by Article 3, Section 35, authorizes waiver by the Legislature of any time limitation within which suit may be filed against the State, whether referred to as peremption or as prescription or (as with compensation suits) indiscriminately as either. The limitation of one year for tort and wrongful death actions under Article 2315, LSA-Civil Code, is also technically for some purposes termed one of `peremption', and such tort suits can never be instituted against the State without special legislative authorization; if the legislature could not waive `peremption', those injured at certain periods between the biennial sessions of the legislature could receive subsequent authorization to sue only for a perempted right. The constitutional intent is plan to authorize the legislature to waive all limitations (prescriptions) of time barring suit."”
1 later decision quote this exact passage“"Whenever the Legislature shall authorize suit to be filed against the State it shall provide the method for citing the State therein and shall designate the court or courts in which the suit or suits authorized may be instituted and may waive any prescription which may have accrued in favor of the State against the claim or claims on which suit is so authorized."”
1 later decision quote this exact passage“"We further feel that the plain legislative intent of Section 5, Act 164 of 1952 * * * specially authorizing this suit, was to waive limitation periods and permit plaintiff to file suit up through July 1st, 1953, which was timely done."”
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.