927 So. 2d 412 - Jackson v. BASF Corp.’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A. (1) An action ... is abandoned when the parties fail to take any step in its prosecution or defense in the trial court for a period of three years[.] [[Image here]] (3) This provision shall be operative without formal order, but, on ex parte motion of any party or other interested person by affidavit which provides that no step has been timely taken in the prosecution or defense of the action, the trial court shall enter a formal order of dismissal as of the date of its abandonment. [[Image here]] |SB. Any formal discovery as authorized by this Code and served on all parties whether or not filed of record, including the taking of a deposition with or without formal notice, shall be deemed to be a step in the prosecution or defense of an action.”

   2 later decisions quote this exact passage
   e.g. 62 So. 3d 308 - Louisiana Department of Transportation & Development v. Oilfield Heavy Haulers, L.L.C. · 4 So. 3d 840 - Jackson v. Moock

2. “[a] motion to set aside a dismissal may be made only within thirty days of the date of the sheriff's service of the order of dismissal.”

   2 later decisions quote this exact passage
   e.g. 951 So. 2d 496 - Johnson v. Calcasieu Parish Sheriff's Dept. · 997 So. 2d 904 - Stanley v. ST. CHARLES GAMING COMPANY, INC.

3. “A. (1) An action, except as provided in Subparagraph (2) of this Paragraph, is abandoned when the parties fail to take any step in its prosecution or defense in the trial court for a period of three yearsf.] [[Image here]] (2) If a party whose action is declared or claimed to be abandoned proves that the failure to take a step in the prosecution or defense in the trial court or the failure to take any step in the prosecution or disposition of an appeal was caused by or was a direct result of Hurricane Katrina or Rita, an action originally initiated by the filing of a pleading prior to August 26, 2005, which has not previously been abandoned in accordance with the provisions of Subparagraph (1) of this Paragraph, is abandoned when the parties fail to take any step in its prosecution or defense in the trial court for a period of five years[.] [[Image here]] (3) This provision shall be operative without formal order, but, on ex parte motion of any party or other interested person by affidavit which provides that no step has been|fitimely taken in the prosecution or defense of the action, the trial court shall enter a formal order of dismissal as of the date of its abandonment. The sheriff shall serve the order in the manner provided in Article 1314, and shall execute a return pursuant to Article 1292. [[Image here]] B. Any formal discovery as authorized by this Code and served on all parties whether or not filed of record, including the taking of a deposition with or without for”

   1 later decision quote this exact passage
   e.g. 6 So. 3d 275 - Compensation Specialties, L.L.C. v. New England Mutual Life Insurance Co.