Cited by
Opinions in Louisiana that cite Jordan v. Employee Transfer Corp., 509 So. 2d 420.
- Picard v. Vermilion Parish School Bd. 783 So. 2d 590 La. Ct. App. 3d Cir. 2001
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Migliori v. Willows Apartments
765 So. 2d 435
La. Ct. App. 1st Cir. 2000
See, Jordan v. Em *438 ployee Transfer Corp.
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Guitreau v. Kucharchuk
763 So. 2d 575
La. 2000
we defined the kind of notice that will start the running of prescription.
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Cornay v. FMC Corp.
735 So. 2d 944
La. Ct. App. 1st Cir. 1999
provides guidance on this issue.
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Bergeron v. Pan American Assur. Co.
731 So. 2d 1037
La. Ct. App. 4th Cir. 1999
the Louisiana Supreme Court clarified the application of contra non valentum, holding that prescription begins to run, not at the earliest possible indication that the plaintiff may have suffered some wrong, but not until the plaintiff has a reasonable basis to pursue a claim against a specific defendant.
- Frosch v. Chevalier 731 So. 2d 429 La. Ct. App. 1st Cir. 1999
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Asbestos v. Bordelon, Inc.
726 So. 2d 926
La. Ct. App. 4th Cir. 1998
Brumfield, 674 So.2d at 1162 ; (La.
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LeGros v. ARC Services, Inc.
721 So. 2d 1016
La. Ct. App. 1st Cir. 1998
-24 (La.1987), the supreme court discussed the kind of notice of a defect which starts the running of prescription.
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Paragon Development Group, Inc. v. Skeins
700 So. 2d 1279
La. Ct. App. 1st Cir. 1997
: Prescription will not begin to run at the earliest possible indication that a plaintiff may have suffered some wrong.
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Cameron Parish School Bd. v. Acands, Inc.
687 So. 2d 84
La. 1997
: Prescription will not begin to run at the earliest possible indication that a plaintiff may have suffered some wrong.
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Whitnell v. Silverman
686 So. 2d 23
La. 1996
While the fourth category of contra non valentem focuses on the reasonableness of the creditor's inaction, the third category focuses on the conduct of the debtor that effectually prevents the creditor from asserting a cause of action timely.
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Explained
Hoerner v. Wesley-Jensen
684 So. 2d 508
La. Ct. App. 4th Cir. 1996
: Prescription will not begin to run at the earliest possible indication that a plaintiff may have suffered some wrong.
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Bowers v. Orleans Parish School Bd.
694 So. 2d 967
La. Ct. App. 4th Cir. 1996
LaPlaque, supra, 93-1597, 4, [citing " "].
- Brumfield v. Avondale Industries, Inc. 674 So. 2d 1159 La. Ct. App. 1st Cir. 1996
- Touro Infirmary v. Henderson 666 So. 2d 686 La. Ct. App. 4th Cir. 1995
- National Council on Compensation Ins. v. QUIXX TEMPORARY SERVICES INC. 665 So. 2d 120 La. Ct. App. 4th Cir. 1995
- Leach v. Alonso 663 So. 2d 344 La. Ct. App. 1st Cir. 1995
- Harris v. Home Sav. and Loan Ass'n 663 So. 2d 92 La. Ct. App. 3d Cir. 1995
- Boyd v. BBC Brown Boveri, Inc. 656 So. 2d 683 La. Ct. App. 2d Cir. 1995
- Labbe Serv. Garage Inc. v. LBM Distributors, Inc. 650 So. 2d 824 La. Ct. App. 3d Cir. 1995
- Adams v. First Nat. Bank of Commerce 644 So. 2d 219 La. Ct. App. 4th Cir. 1994
- Miley v. Consolidated Gravity Drainage Dist. No. 1 642 So. 2d 693 La. Ct. App. 1st Cir. 1994
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La Plaque Corp. v. Chevron USA Inc.
638 So. 2d 354
La. Ct. App. 4th Cir. 1994
the Louisiana Supreme Court clarified its application of contra non valentum and held that prescription begins to run, not at the earliest possible indication that the plaintiff may have suffered some wrong, but rather when the plaintiff has a reasonable basis to pursue a claim against a specific defendant.
- Wimberly v. Gatch 635 So. 2d 206 La. 1994
- Riceacres, Inc. v. Hayes 631 So. 2d 703 La. Ct. App. 1st Cir. 1994
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Smith v. Mine Safety Appliances
631 So. 2d 1251
La. Ct. App. 5th Cir. 1994
the court in Cole stated that, “[the] question is whether, in light of plaintiffs own information and the diagnoses he received, the plaintiff was reasonable to delay in filing suit.” Id.
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April v. Associated Catholic Charities
629 So. 2d 1295
La. Ct. App. 4th Cir. 1993
the Louisiana Supreme Court held that prescription begins to run, not at the earliest possible indication that the plaintiff may have suffered some wrong, but rather when the plaintiff has a reasonable basis to pursue a claim against a specific defendant.
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Cole v. Celotex Corp.
620 So. 2d 1154
La. 1993
we stated: Prescription will not begin to run at the earliest possible indication that a plaintiff may have suffered some wrong.
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Cole v. Celotex Corp.
611 So. 2d 153
La. Ct. App. 3d Cir. 1993
the court stated: The language in Cartwright , quoted in footnote 1, is an incomplete definition of the kind of notice that will start the running of prescription.
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Tilley v. Kennedy
605 So. 2d 226
La. Ct. App. 2d Cir. 1992
the supreme court further delineated the rules regulating the running of prescription: Prescription will not begin to run at the earliest possible indication that a plaintiff may have suffered some wrong.
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Miller v. Louisiana Gas Service Co.
601 So. 2d 700
La. Ct. App. 5th Cir. 1992
McClendon v. State, through the Department of Corrections, (La.App.
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Sharkey v. Sterling Drug, Inc.
600 So. 2d 701
La. Ct. App. 1st Cir. 1992
597 , (1970) [10] , has been substantially modified by recent jurisprudence, (La.
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Williams v. Sewerage & Water Board of New Orleans
597 So. 2d 588
La. Ct. App. 1st Cir. 1992
our Supreme Court defined the notice necessary to commence the prescriptive toll.
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Harvey v. Dixie Graphics, Inc.
593 So. 2d 351
La. 1992
Reynolds Tobacco v. Hudson, 314 F.2d 776 (5th Cir. 1963), or is not aware that the damage suffered is the fault of the defendant, contra non valentum has operated to suspend the running of prescription until such time as the plaintiff knew or reasonably should have known that his or her damages were the fault of the defendant's negligent act.
- Goodman v. Roberts 587 So. 2d 807 La. Ct. App. 3d Cir. 1991
- Brady v. Bunge Corp. 582 So. 2d 346 La. Ct. App. 1st Cir. 1991
- Beth Israel v. Bartley, Inc. 579 So. 2d 1066 La. Ct. App. 4th Cir. 1991
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Roberts v. Murphy Oil Corp.
577 So. 2d 308
La. Ct. App. 4th Cir. 1991
the Louisiana Supreme Court further delineated the rules regulating the running of prescription.
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In Re Medical Review Panel of Howard
573 So. 2d 472
La. 1991
a redhibition action, the seller of a house knew of an engineering report that noted structural damage, but did not disclose this information to the buyer, giving him instead a report that stated the house was structurally sound.
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Rhoden v. Wegmann
569 So. 2d 35
La. Ct. App. 4th Cir. 1990
Bellamy v. Janssen, supra ; Cordova v. Hartford Accident & Indemnity Co.
- Olivier v. Poirier 563 So. 2d 1227 La. Ct. App. 1st Cir. 1990
- Parker v. Dubus Engine Co. 563 So. 2d 355 La. Ct. App. 3d Cir. 1990
- Trainor v. Young 561 So. 2d 722 La. Ct. App. 2d Cir. 1990
- Restrepo v. Fortunato 556 So. 2d 1362 La. Ct. App. 5th Cir. 1990
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Gravois v. New England Ins. Co.
553 So. 2d 1034
La. Ct. App. 4th Cir. 1989
the Louisiana Supreme Court further delineated the rules regulating the running of prescription.
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Goodman v. Dixie MacH. Welding & Metal Works, Inc.
552 So. 2d 440
La. Ct. App. 4th Cir. 1989
the Supreme Court corrected and clarified previous misinterpretations of its decision in Cartwright v. Chrysler Corporation, 255 La.
- Crawford v. Touro Infirmary 552 So. 2d 427 La. Ct. App. 1st Cir. 1989
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Strata v. Patin
545 So. 2d 1180
La. Ct. App. 4th Cir. 1989
the language in Cartwright v. Chrysler Corp., that "...
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Idacon, Inc. v. Arnold Construction Co.
537 So. 2d 1290
La. Ct. App. 2d Cir. 1989
Perkins v. O’Neal’s Feeders Supply, Ponder v. Gambrell, supra.
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White v. Ford Motor Co.
525 So. 2d 96
La. Ct. App. 1st Cir. 1988
Recently, the Supreme Court stated: “The language in Cartwright ...