Cited by
Opinions in Louisiana that cite Chance v. American Honda Motor Co., Inc., 635 So. 2d 177.
- Douglas Bienvenu v. 1 and 2 87184 C/W John Doe v. 1 and 2 87515 La. 2024
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Sam Doe v. the Society of the Roman Catholic Church of the Diocese of Lafayette
La. Ct. App. 1st Cir. 2023
4/11/94), and Cameron Parish School Board v. ACandS, Inc., 96-895 (La.
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T. S v. Congregation Of Holy Cross Southern Province
La. 2023
and Chance v. American Honda Motor Co., Inc. , that the legislative revival of previously prescribed claims denies the Defendant of the right to plead prescription.
- Succession Of Rosalie Handy Lewis And John Charles Lewis La. 2022
- Sam Doe v. The Society Of The Roman Catholic Church Of The Diocese Of Lafayette La. 2022
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William M. McKinley v. Sheraunte' D. McKinley
La. Ct. App. 1st Cir. 2022
4/ 11/ 94), wherein the Louisiana Supreme Court considered whether an amendment to a prescriptive period applied retroactively to revive an already prescribed cause of action.
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Marcy Andre Barras v. Jason O'Rourke
La. Ct. App. 3d Cir. 2019
4/11/94), the Louisiana Supreme Court established the test for determining whether the legislature intended for a statute to revive prescribed causes of action.
- Succession of William Dalton Pelt La. Ct. App. 3d Cir. 2018
- In re Pelt 244 So. 3d 476 La. Ct. App. 1st Cir. 2018
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Kathryn Elizabeth Holland v. Paul Scott Holland
La. Ct. App. 3d Cir. 2017
4/11/94), : Although prescriptive statutes are generally procedural in nature, the revival of an already prescribed claim presents additional concerns.
- Succession of Younger 206 So. 3d 1088 La. Ct. App. 2d Cir. 2016
- Ben William Meaux v. Leonard Guidry La. Ct. App. 3d Cir. 2014
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Meaux v. Guidry
140 So. 3d 871
La. Ct. App. 1st Cir. 2014
The supreme court addressed the issues of revival of prescribed claims by the legislature in Chance v. American Honda Motor Co., Inc., 93-2582 (La.4/11/94), .
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Peck v. Richmar Construction, Inc.
144 So. 3d 1042
La. Ct. App. 1st Cir. 2014
Honda Motor Co., Inc., (La.
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Thomas v. Roberts
106 So. 3d 557
La. Ct. App. 2d Cir. 2012
Chance v. American Honda Motor Co., Inc., 93-2582 (La.04/11/94), .
- In Re: Succession of Donald Clay Smith La. Ct. App. 3d Cir. 2010
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In Re Succession of Smith
29 So. 3d 723
La. Ct. App. 1st Cir. 2010
Honda Motor Co., Inc., 93-2582 p. 2 (La.4/11/94), ).
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Morgan v. Louisiana Department of Public Safety & Corrections
24 So. 3d 208
La. Ct. App. 1st Cir. 2009
In Chance v. American Honda Motor Co., Inc., 93-2582, pp. 2-3 (La.4/11/94), (footnote omitted) (first alteration in original), the supreme court discussed the issue of revival of a prescribed claim by the legislature as follows: Although prescriptive statutes are generally procedural in nature, the revival of an already prescribed claim presents additional concerns.
- Clarence Henry v. Sba Shipyard, Inc. La. Ct. App. 3d Cir. 2009
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Henry v. SBA SHIPYARD, INC.
24 So. 3d 956
La. Ct. App. 1st Cir. 2009
|sThe Louisiana Supreme Court has held that when the legislature intends for a new law to be applied retroactively to revive an already prescribed claim, the legislature should give “at the very least, a clear and unequivocal expression of intent by the legislature for such an ‘extreme exercise of legislative power.’ ” Chance v. American Honda Motor Co., Inc., 93-2582, p. 2 (La.4/11/94), .
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Troy Morgan v. Louisiana dept.of Pub. Saf.& Corr
La. Ct. App. 3d Cir. 2008
4/11/94), (footnote omitted) (first alteration in original), the supreme court discussed the issue of revival of a prescribed claim by the legislature as follows: Although prescriptive statutes are generally procedural in nature, the revival of an already prescribed claim presents additional concerns.
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In Re Succession of James
994 So. 2d 120
La. Ct. App. 1st Cir. 2008
RETROACTIVE REVIVAL OF CAUSES OF ACTION When faced with the issue of whether a change in a prescriptive period can be applied retroactively to revive an action or right that prescribed before a change in the law, the Louisiana Supreme Court, in the products liability case of Chance v. American Honda Motor Company, Inc., 93-2582 (La.4/11/94), -78 , employed the following analysis: Although prescriptive statutes are generally procedural in nature, the revival of an already prescribed claim present
- Sumner v. MUNICI-ADAMS 986 So. 2d 258 La. Ct. App. 1st Cir. 2008
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State v. All Prop. and Cas. Ins. Carriers
937 So. 2d 313
La. 2006
Chance v. American Honda Motor Co., Inc., 93-2582 p. 2 (La.4/11/94)
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In Re Succession of Faget
938 So. 2d 1003
La. Ct. App. 1st Cir. 2006
*1007 In Chance v. American Honda Motor Co., Inc., 93-2582 (La.4/11/94), , the Louisiana Supreme Court observed that if it were to interpret a statutory amendment to allow revival of prescribed causes of action, "the substantive rights of the defendant would be materially changed because he would be stripped of this acquired defense."
- Succession of Samuel McKay, Jr. La. Ct. App. 3d Cir. 2006
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In Re Succession of McKay
921 So. 2d 1219
La. Ct. App. 3d Cir. 2006
The supreme court addressed the issues of revival of prescribed claims by the legislature in Chance v. American Honda Motor Co., Inc., 93-2582 (La.4/11/94), .
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Raymond v. Orleans Parish School Bd.
856 So. 2d 27
La. Ct. App. 4th Cir. 2003
Elevating Boats, Inc., XXXX-XXXX, p. 14-15, 795 So.2d at 1163-64 (emphasis in original); see also Chance v. American Honda Motor Co., 93-2582 (La.4/11/94), (refusing to apply the statute retroactively to revive an already-prescribed cause of action).
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State v. Lee
728 So. 2d 1042
La. Ct. App. 2d Cir. 1999
Chance v. American Honda Motor Company, Inc., 93-2582 (La.4/11/94), .
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In re Brinkman
717 So. 2d 681
La. Ct. App. 1st Cir. 1998
v. Acands, Inc., 96-0895, p. 8 (La.1/14/97), ; Chance v. American Honda Motor Company, Inc., 93-2582 (La.4/11/94), .
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Sudwischer v. Estate of Huffpauir
705 So. 2d 724
La. 1997
[6] This case is logically consistent with our holding in Chance v. American Honda Motor Co., Inc., 93-2582 (La.4/11/94), , wherein we held that once an action has prescribed, the right to plead prescription is a substantive right which cannot be stripped away by the retroactive application of a new prescriptive period which would result in the revival of the prescribed cause of action.
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Cameron Parish School Bd. v. Acands, Inc.
687 So. 2d 84
La. 1997
The test for determining whether the legislature intended an Act to revive prescribed causes of action was recently explained by this court in Chance v. American Honda Motor Co., Inc., 93-2582 (La.4/11/94), .
- Wilson v. City of Baton Rouge 683 So. 2d 382 La. Ct. App. 1st Cir. 1996
- Doe v. Doe 671 So. 2d 466 La. Ct. App. 1st Cir. 1995
- Dupre v. SCHERING-PLOUGH HEALTH CARE PROD., INC. 656 So. 2d 786 La. Ct. App. 3d Cir. 1995
- Gay v. C & D OF SHREVEPORT 645 So. 2d 280 La. Ct. App. 2d Cir. 1994
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Jackson v. Dendy
638 So. 2d 1182
La. Ct. App. 1st Cir. 1994
See Chance v. American Honda Motor Co., Inc.