81 So. 3d 923 - Palumbo v. Shapiro’s Empirical Analysis

Citation profile

23 state decisions

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

1. “The Louisiana Supreme Court in Ferrell v. Fireman’s Fund Ins. Co. has instructed us, however, that when the answers on a special verdict form are inconsistent, we are to apply the provisions of La. C.C.P. art. 1813 E. See Ferrell v. Fireman’s Fund Ins. Co., 94-1252 (La.2/20/95), 650 So.2d 742 . In Ferrell the jury in responses to a special verdict form found first that the plaintiffs negligence was not a legal or proximate cause of the accident, but nonetheless found him 30% at fault. Id. at 747_Such inconsistent responses to special verdict interrogatories create an error of law. Id.”

   1 later decision quote this exact passage
   e.g. 156 So. 3d 1263 - Banks v. Children's Hospital

2. “In certain cases, a preponderance of the evidence cannot be determined fairly from a cold record, such as when there is substantial testimonial conflict that can only be resolved depending upon the fact-finder’s.view of the witnesses’ credibility. In such cases the appellate court may conclude that the appropriate remedy is to remand for a new trial,”

   1 later decision quote this exact passage
   e.g. 197 So. 3d 366 - Chatman v. Southern University at New Orleans