97 So. 3d 1186 - Smith v. Brown’s Empirical Analysis
2012
Citation profile
4
cited by 4 later decisions
1
states following
June 2018
most recently cited
4 state decisions
Relationships
Relies on Sanders v. Ashland Oil, Inc. · Sanders v. Ashland Oil, Inc. · 634 So. 2d 341 - Roberts v. Sewerage and Water Bd. · Walker v. Phi Beta Sigma Fraternity (Rho Chapter) · Bower v. Smith
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Because the workers’ compensation statutes are in derogation of the universal right to sue for damages provided by La. C.C. art. 2315, the immunity provisions must be strictly construed. See Prejean v. Maintenance Enterprises, Inc., 08-0364, p. 10 (La.App. 4 Cir. 3/25/09), 8 So.3d 766, 773 . [Louisiana Revised Statutes] 23:1033 is clear that except where specifically provided by the Workers’ Compensation Act, no contract shall relieve an employer from any liability created by the Workers’ Compensation Act. This is precisely what the indemnity provision at issue in the case attempts to do — shield an employer from both tort liability and workers’ compensation liability. This is both prohibited by the clear language of La. R.S. 23:1033 and is contrary to public policy.”
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.