960 So. 2d 67 - Fishbein v. State’s Empirical Analysis
2007
Citation profile
11 state decisions
Relationships
Relies on 892 So. 2d 1261 - Carter v. Haygood · 316 So. 2d 111 - Webster v. Rushing · Fishbein v. State ex rel. Louisiana State University Health Sciences Center · 808 So. 2d 428 - Buck's Run Enterprises, Inc. v. Mapp Const., Inc. · 342 So. 2d 191 - Swift v. State
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where a defense to a plaintiff's claim arises by operation of the very law under which the plaintiff is seeking recovery, the defense need not be affirmatively pleaded and there can be no unfair surprise, since no one may avail himself of ignorance of the law.”
1 later decision quote this exact passage“[A]n affirmative defense raises a new matter or issue that will defeat the plaintiff's claim on the merits, even assuming that claim is valid and that the allegations of the petition are true.”
1 later decision quote this exact passage“The determination of whether an issue is an affirmative defense is a question of fact resolved by examining the circumstances of the individual case.”
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.