Cited by
Opinions in Louisiana that cite Burmaster v. Plaquemines Parish Government, 982 So. 2d 795.
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Troy Parria v. Louisiana Citizens Property Insurance Corporation
La. Ct. App. 1st Cir. 2024
5/ 21/ 08), after the plaintiff filed his original petition and amended petition setting forth a class action, Act 545 of 2006 was incorporated into La.
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Troy Parria v. Louisiana Citizens Property Insurance Corporation
La. Ct. App. 1st Cir. 2024
5/ 21/ 08), after the plaintiff filed his original petition and amended petition setting forth a class action, Act 545 of 2006 was incorporated into La.
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Douglas Bienvenu v. 1 and 2 87184 C/W John Doe v. 1 and 2 87515
La. 2024
5/21/08), reveals, the reasons that have been advanced for the court’s failure to engage in such an analysis are hardly compelling.
- Douglas Bienvenu v. 1 and 2 87184 C/W John Doe v. 1 and 2 87515 La. 2024
- Ruben E. Williams v. Touro Infirmary, a Non-Profit Corporation La. Ct. App. 4th Cir. 2023
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Mark John Finn v. Rodney "Jack" Strain
La. Ct. App. 1st Cir. 2023
5/ 21/ 08), - 03, which states, " courts should refrain from reaching or determining the constitutionality of legislation unless, in the context of a particular case, the resolution of the constitutional issue is essential to the decision of the case or controversy."
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Explained
T. S v. Congregation Of Holy Cross Southern Province
La. 2023
5/21/08), we explained the well -settled principle that courts should avoid reaching or determining the constitutionality of legislation unless it is essential to a resolution of the case: Although Louisiana courts generally possess the power and authority to decide the constitutionality of challenged statutory provisions
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Maggye Rebecca Turner Winterer v. Seth Russell Winterer
La. Ct. App. 2d Cir. 2022
5/21/08), AG Resource Mgmt., LLC. v. Bunge N. Am., Inc., 53,417 (La.
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AG Resource Management, LLC. and Agrifund, LLC v. Bunge North America, Inc. and Danny Allen Dickerson
La. Ct. App. 2d Cir. 2020
5/21/08), Port City Glass & Paint Inc. v. Brooks, 52,534 (La.
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State in the Interest of E. O.
La. Ct. App. 3d Cir. 2019
5/21/08), (alteration in original)): Black’s Law Dictionary 209 (8th ed.2004) defines “burden of proof” generally as “[a] party’s duty to prove a disputed assertion or charge.” Black’s entry for “burden of proof” also includes this definition of “middle burden of proof”: “A party’s duty to prove a f
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State In Interest Of E.O.
265 So. 3d 76
La. Ct. App. 1st Cir. 2019
5/21/08), (alteration in original) ): Black's Law Dictionary 209 (8th ed.2004) defines "burden of proof" generally as "[a] party's duty to prove a disputed assertion or charge."
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State v. Broussard
268 So. 3d 307
La. Ct. App. 1st Cir. 2018
5/21/08), , 801 n.6 ); State v. White, 18-0702 (La.App.
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Ivan I. Smith, Jr. and Gloria G. Smith v. Kimberly L. Robinson, Secretary of the Department of Revenue, …
265 So. 3d 740
La. 2018
5/21/08), (quoting Ring v. State, Dep’t of Transp.
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Daniels v. Int'l Paper Co.
245 So. 3d 180
La. Ct. App. 2d Cir. 2017
5/21/08), , 799 : Although the plaintiff alleged that PPG is "strictly liable" under La.
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Dana Johno v. John Doe
218 So. 3d 1004
La. 2016
5/21/08), granted plaintiff’s motion, stating in its Reasons for Judgment: Based on the Supreme Court’s reasoning in Burmaster, it would be unconstitutional to retroactively apply La.
- Michael MUDGE, Et Al. v. PLAQUEMINES PARISH COUNCIL, Et Al. 192 So. 3d 735 La. 2016
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In re the Succession of Wesley
174 So. 3d 23
La. Ct. App. 1st Cir. 2015
Clear and convincing evidence requires more proof than a “preponderance of evidence”, but less proof than “beyond a reasonable doubt.” Burmaster v. Plaquemines Parish Government, 07-2432, p. 18 (La.5/21/08), .
- Williams v. Monroe City School Board 131 So. 3d 833 La. 2014
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Odom v. Southern Natural Gas Co.
72 So. 3d 437
La. Ct. App. 2d Cir. 2011
Burmaster v. Plaquemines Parish Gov’t, 07-2432 (La.5/21/08), ; Sudwischer v. Estate of Hoffpauir, 97-0785 (La.12/12/97), .
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Jones v. Southern Natural Gas Co.
63 So. 3d 1080
La. Ct. App. 1st Cir. 2011
Although Louisiana courts generally possess the power and authority to decide the constitutionality of challenged statutory provisions, a court is required to do so only “if the procedural posture of the case and the relief sought by the appellant demand that [it] do so.” Burmaster v. Plaquemines Parish Gov’t, 2007-2432 (La.5/21/08), , and citations therein.
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Williams v. Manzella
21 So. 3d 1048
La. Ct. App. 1st Cir. 2009
See Burmaster v. Plaquemines Parish Government, 2007-2432, p. 17 (La.5/21/08), ( (La.
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CHASHOUDIAN v. Pate
17 So. 3d 49
La. Ct. App. 1st Cir. 2009
In this regard, “every word in a statute must be given meaning, if possible, and no word, clause, phrase or sentence of a statute shall be deemed meaningless or surplusage if a construction can be legitimately found that will give force to and preserve every word of the statute.” Burmaster v. Plaquemines Parish Government, 07-2432 (La.5/21/08), .
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Pierre v. Louisiana S.W. Transportation, Inc.
14 So. 3d 593
La. Ct. App. 5th Cir. 2009
The plaintiff relies on our supreme court’s recent decision in Burmaster v. Plaquemines Parish Government, 2007-2432, pp. 1-2 (La.5/21/08), -799 , which upheld a lower court judgment that declared unconstitutional La.
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Wooley v. Lucksinger
14 So. 3d 311
La. Ct. App. 1st Cir. 2009
See Burmaster v. Plaquemines Parish Government, 2007-2432, p. 19 (La.5/21/08), ; Chatelain v. State, Department of Transportation & Development, Bonvillain v. Preferred Industries & LWCC, 2004-0849, p. 12 (La.App.