845 So. 2d 518 - Stroscher v. Stroscher’s Empirical Analysis

Citation profile

47 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “|7B. Pleadings need not be verified or accompanied by affidavit or certificate, except as otherwise provided by law, but the signature of an attorney or party shall constitute a certification by him that he has read the pleading, and that to the best of his knowledge, information, and belief formed after reasonable inquiry, he certifies all of the following: (1) The pleading is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation. (2) Each claim, defense, or other legal assertion in the pleading is warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law. (3) Each allegation or other factual assertion in the pleading has evidentiary support or, for a specifically identified allegation or factual assertion, is likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. (4) Each denial in the pleading of a factual assertion is warranted by the evidence or, for a specifically identified denial, is reasonably based on a lack of information or belief.... D. If, upon motion of any party or upon its own motion, the court determines that a certification has been made in violation of the provisions of this Article, the court shall impose upon the person who made the certification or the represented party, or both, an appropriate sanction which may include an order to pay to the other party the amoun”

   3 later decisions quote this exact passage
   e.g. 76 So. 3d 465 - Slaughter v. Board of Supervisors of Southern University & Agricultural & Mechanical College · Zachary Financial, Inc. v. Darjean

2. “As the Official Comments note, the 1990 amendment to La. R.S. 13:4231"makes a substantial change in the law," as under the prior statute, "a second cause of action would be barred by the defense of res judicata only when the plaintiff seeks the same relief based on the same cause of action or grounds." Under the revised statute, "[t]he central inquiry is ... whether the second action asserts a cause of action which arises out of the transaction or occurrence which was the subject matter of the first action." "This serves the purpose of judicial economy and fairness by requiring the plaintiff to seek all relief and to assert all rights which arise out of the same transaction or occurrence." This is in line with La. C.C.P. art. 425, which also now requires that a party "shall assert all causes of action arising out of the transaction or occurrence that is the subject matter of the litigation." The Comments to Article 425 explain that Article 425 was amended at the same time as the res judicata statute and "expands the scope" of the Article to reflect those changes made to the res judicata statute and to put "the parties on notice that all causes of action arising out of the transaction or occurrence that is the subject matter of the litigation must be raised." Similarly, La. C.C.P. art. 891 was also amended to include the same "transaction or occurrence" language, requiring that a petition "shall contain a short, clear, and concise statement of all causes of action arising out ”

   3 later decisions quote this exact passage
   e.g. Maschek v. Cartemps USA · Hoddinott v. Hoddinott

3. “[t]he central inquiry is ... whether the second action asserts a cause of action which arises out of the transaction or occurrence which was the subject matter of the first action.”

   3 later decisions quote this exact passage
   e.g. Maschek v. Cartemps USA · 222 So. 3d 867 - Schiff v. Pollard