Cited by
Opinions in Louisiana that cite Warren v. Richard, 296 So. 2d 813.
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Courtney Santos and Jason King, Individually and as the Co-Administrators of Their Minor Child Kiyanna Santos Versus Southern …
La. Ct. App. 5th Cir. 2024
In support of this assertion, (La.
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Amanda Ziglar, Individually and on Behalf of the Estate of Gary Bruney Versus Pride Mobility Products Corporation
La. Ct. App. 5th Cir. 2024
In support of this assertion, (La.
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Amanda Ziglar, Individually and on Behalf of the Estate of Gary Bruney Versus Southern Fidelity Insurance Company, Georgette …
La. Ct. App. 5th Cir. 2024
In support of this assertion, (La.
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Amanda Ziglar, Individually and on Behalf of the Estate of Gary Bruney Versus Pride Mobility Products Corporation C/W …
La. Ct. App. 5th Cir. 2024
In support of this assertion, (La.
- Garrett Bass v. Christopher Sepulvado La. Ct. App. 3d Cir. 2021
- Khristy Goins Rismiller, Tutrix For Daniel Edward Goins v. Gemini Insurance Company, Mark Isiah Gordon And Keith Boone … La. 2020
- Karen Cohen Kinnett Versus Jarred Brandon Kinnett La. Ct. App. 5th Cir. 2020
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Yvette Perry & James Paul Perry v. Dorothy Mae Clay, in Re Estate of James Paul Green
La. Ct. App. 3d Cir. 2019
This ruling relied in part on the supreme court’s and its reliance on several landmark United States Supreme Court decisions establishing the principle that the test for equal protection under the law is the biological relationship of the parties, not their legal classification.
- KHRISTY GOINS RISMILLER, TUTRIX FOR DANIEL EDWARDS GOINS VERSUS GEMINI INSURANCE COMPANY Consolidated With DAVID WATTS VERSUS MARK … La. Ct. App. 3d Cir. 2018
- State of Louisiana, Department of Children and Family Services, in the Interest of A.L. v. Thomas Robert Lowrie 167 So. 3d 573 La. 2015
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State, Department of Social Services ex rel. P. B. v. Reed
52 So. 3d 145
La. Ct. App. 1st Cir. 2010
Munson v. Washington, 32,550 (La.App.2d Cir.12/08/99), ().
- Gibbs v. Delatte 927 So. 2d 1131 La. Ct. App. 1st Cir. 2005
- State ex rel. Department of Social Services v. Howard 898 So. 2d 443 La. Ct. App. 1st Cir. 2004
- DEPT. OF SOCIAL SERVICES v. Howard 898 So. 2d 443 La. Ct. App. 1st Cir. 2004
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Turner v. Busby
883 So. 2d 412
La. 2004
determined that the critical requirement for classification of a person as a child in a wrongful death and survival action is the biological relationship between the tort victim and the child.
- Reese v. STATE DEPT. OF PUBLIC SAFETY 866 So. 2d 244 La. 2004
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State Ex Rel. Wilson v. Wilson
855 So. 2d 913
La. Ct. App. 2d Cir. 2003
Munson v. Washington, 32,550 (La.App.2d Cir.12/08/99), , State, Dept. of Social Services, (La.App.
- Jenkins v. Mangano Corp. 774 So. 2d 101 La. 2000
- State, Department of Social Services, Office of Family Support ex rel. Munson v. Washington 747 So. 2d 1245 La. Ct. App. 2d Cir. 1999
- STATE, DEPT. OF SOC. SERV. v. Washington 747 So. 2d 1245 La. Ct. App. 2d Cir. 1999
- T.D. v. M.M.M. 730 So. 2d 873 La. 1999
- Td v. Mmm 730 So. 2d 873 La. 1999
- STATE, DSS v. Williams 605 So. 2d 7 La. Ct. App. 2d Cir. 1992
- State, Department of Social Services, Office of Family Support ex rel. Smith v. Williams 605 So. 2d 7 La. Ct. App. 2d Cir. 1992
- Nelson v. Burkeen Const. Co. 605 So. 2d 681 La. Ct. App. 2d Cir. 1992
- Chatelain v. STATE, DOTD 586 So. 2d 1373 La. 1991
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Chatelain v. STATE, DOTD
566 So. 2d 156
La. Ct. App. 2d Cir. 1990
Levy v. Louisiana, supra; Willis v. Winford Co., Inc., (La.App.
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Smith v. Jones
566 So. 2d 408
La. Ct. App. 1st Cir. 1990
The first encroachment on the presumption of paternity, introduced the concept of dual paternity to Louisiana and held that a child's legitimate status as to the mother's husband was not affected by nor did it preclude the child's wrongful death action as the illegitimate child of another man, the biological father.
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Smith v. Cole
553 So. 2d 847
La. 1989
the appellate court recognized that persons have been allowed to establish their true parentage even though they enjoyed legitimate filiation to another.
- Starks v. Powell 552 So. 2d 609 La. Ct. App. 2d Cir. 1989
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Smith v. Cole
541 So. 2d 307
La. Ct. App. 5th Cir. 1989
As early as 1974, the Louisiana Supreme Court, recognized that an illegitimate *310 child of her biological father could recover for his wrongful death even though she was also the legitimate child of another man under the law.
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Ruffin v. Leevac Corp.
543 So. 2d 626
La. Ct. App. 1st Cir. 1989
where the court held that an illegitimate child is in the same position as a legitimate child in a wrongful death action, and the fact that the deceased was survived by a child precluded the deceased's sister from recovery of damages for his wrongful death.
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State ex rel. Department of Health and Human Resources v. Hinton
515 So. 2d 566
La. Ct. App. 1st Cir. 1987
2d 577 (La.1979); Succession of Levy, supra; (La.App.
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STATE THROUGH DEPT. OF HHR v. Hinton
515 So. 2d 566
La. Ct. App. 1st Cir. 1987
2d 577 (La.1979); Succession of Levy, supra ; (La.App.
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Alex v. Heirs of Alex
479 So. 2d 664
La. Ct. App. 3d Cir. 1985
Art. 209, as it is presently amended, (La.
- Griffin v. SUCCESSION OF BRANCH EX REL. SMITH 479 So. 2d 324 La. 1985
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STATE THROUGH DEPT. OF HEALTH & HUMAN RESOURCES v. Williams
471 So. 2d 1064
La. Ct. App. 3d Cir. 1985
Art. 209, as it is presently amended, to the extent that those cases allowed proof of filiation regardless of the mother's marital status.
- Finnerty v. Boyett 469 So. 2d 287 La. Ct. App. 2d Cir. 1985
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Thomas v. Smith
463 So. 2d 971
La. Ct. App. 3d Cir. 1985
in which the Louisiana Supreme Court held that an illegitimate child could recover for wrongful death of its biological father even though, at the same time, she was also the legitimate child of another man according to La.C.C.
- Griffin v. Succession of Branch 452 So. 2d 344 La. Ct. App. 1st Cir. 1984
- Durr v. Blue 454 So. 2d 315 La. Ct. App. 3d Cir. 1984
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State v. Jefferson
448 So. 2d 907
La. Ct. App. 3d Cir. 1984
Malek , I respectfully suggest, for the proposition that in proving filiation, the mother's marital status is irrelevant ...
- Reed v. Missouri Pacific RR 446 So. 2d 831 La. Ct. App. 2d Cir. 1984
- In the Matter of Succession of Levy 428 So. 2d 904 La. Ct. App. 1st Cir. 1983
- Malek v. Yekani-Fard 422 So. 2d 1151 La. 1982
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Fontenot v. Thierry
422 So. 2d 586
La. Ct. App. 3d Cir. 1982
4th Cir.1979), writ denied as authority for the proposition that a child may recover child support from its biological father even though it is the presumed legitimate offspring of another man.
- IMC Exploration Co. v. Henderson 419 So. 2d 490 La. Ct. App. 2d Cir. 1982
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STATE, ETC. v. Guillory
407 So. 2d 1327
La. Ct. App. 3d Cir. 1981
the court stated in Poche : "The fact that the law considered the child to be the legitimate child of another will not alter the result and `cannot deprive her of a right which illegitimate children generally may have ...'" We agree with the decision and conclude that LSA-R.S.
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Smith v. London
398 So. 2d 1231
La. Ct. App. 1st Cir. 1981
hether a trial court can dismiss the cause of action of the parents of a decedent without allowing them to amend their petition, alleging that the decedent died leaving no children which would then clearly grant to them a cause of action even if the existence of illegitimate children does exclude the cause of action of parents under Article 2315.”
- State v. Manning 390 So. 2d 494 La. 1980