Randall v. Martin’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A transaction or compromise is an agreement between two or more persons, who, for preventing or putting an end to a lawsuit, adjust their differences by mutual consent, in the manner which they agree on, and which every one of them prefers to the hope of gaining, balanced by the danger of losing. La. C.C. art. 3071. Dumas v. Angus Chem ical Co., 31,969 (La.App. 2 Cir. 8/20/99), 742 So.2d 655 . A release executed in exchange for consideration is a compromise. Brown v. Drillers Inc., 93-1019 (La.1/14/94), 630 So.2d 741 . A compromise regulates only the differences which appear clearly to be comprehended therein by the intention of the parties, “whether it be explained in a general or particular manner,” and does not extend to differences which the parties never intended to include. La. C.C. art. 3073; Ortego v. State, 96-1322 (La.2/25/97), 689 So.2d 1358 . Further, a general release will not necessarily bar recovery for those aspects of the claim not intended to be covered by the release. Dimitri v. Dimitri, 00-2641 (La. App. 4 Cir. 6/30/02), 809 So.2d 481, 485 , citing Moak v. American Automobile Insurance Company, 242 La. 160 , 134 So.2d 911 (1961). A compromise therefore carries the authority of things adjudged, and cannot be attacked for error of law or lesion. La. C.C. art. 3078. A compromise may be rescinded whenever there exists an error in the person or on the matter in dispute. It may likewise be rescinded where there exists fraud or violence. La. C.C. art. 3079. Publi”

   2 later decisions quote this exact passage
   e.g. 87 So. 3d 376 - Montgomery v. Montgomery · 941 So. 2d 102 - Prudhomme v. Prudhomme

2. “Once the American Reliance release was signed on June 6, 2005, R.L. Montgomery, the Farm Bureau insured, was released, acquitted and forever discharged from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses and compensation on account of or in any way growing out of any and all known and unknown personal injuries and property damage resulting or to result from the accident that occurred on or about the 11th day of October in the year 2004 at or near 1648 Montgomery Road, Opelousas, Louisiana. The release did not reserve any rights either against R.L. Montgomery up to the limits of his available insurance or against his insurance companies. This Court finds that the release of June 6, 2005 released R.L. Montgomery and also released Farm Bureau from having to pay any sums under the terms of its policy. It is on this basis that the Court grants the motion for summary judgment filed by Louisiana Farm Bureau Casualty Insurance Company and Louisiana Farm Bureau Mutual Insurance Company. Because of the Court’s ruling that the American Reliable release of Russell Montgomery also released Farm Bureau, the Court is of the | ¿opinion the issue of the validity of the Farm Bureau release dated November 30, 2004 is mooted.”

   1 later decision quote this exact passage
   e.g. 87 So. 3d 376 - Montgomery v. Montgomery

3. “A transaction or compromise is an agreement between two or more persons, who, for preventing or putting an end to a lawsuit, adjust their differences by mutual consent, in the manner which they agree on, and which every one of them prefers to the hope of gaining, balanced by the danger of losing.”

   1 later decision quote this exact passage
   e.g. Quibodeaux v. Andrus