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Cited by

Opinions in Louisiana that cite Whitnell v. Silverman, 686 So. 2d 23.

46 citing documents.

  • Latasha T. Sherman v. Terri Anderson-Scott Bar 14889 and Legal Aid of North Louisiana (A Division of Acadiana … La. Ct. App. 2d Cir. 2025
    12/6/95), Crier v. Whitecloud, 496 So.
  • Thomas D. Davenport, Sr., Et Ux. v. City of Alexandria La. Ct. App. 3d Cir. 2015
    Const. art. I, § 3 provide that all persons are entitled to equal protection of the law, and require that “persons similarly situated receive like treatment.” Whitnell v. Silverman, 95–0112, pp. 9–10 (La.12/6/96), –30.
  • Russo v. Kraus 49 So. 3d 941 La. Ct. App. 1st Cir. 2010
    See Whitnell v. Silverman, 95-0112 (La.12/6/96), (Kimball, J., concurring).
  • Douglas v. Children's Hospital 69 So. 3d 434 La. Ct. App. 1st Cir. 2010
    The standard applicable to equal protection attacks was noted in Whitnell v. Silverman, 95-0112 (La.12/6/96), , 27: Article I, Section 3 of the 1974 Louisiana constitution necessitates that (1) A statute shall be repudiated completely if it classifies individuals by race or religious beliefs; (2) A statute’s enforcement shall be refused absent a showing that the classification has a reasonable basis when the statute classifie
  • Meiners v. St. Tammany Fire Protection District 4 Board of Commissioners 31 So. 3d 1076 La. Ct. App. 1st Cir. 2010
    I recognize that the constitutional guarantee of access to courts and a remedy for injuries does not warrant a remedy for every single injury, as stated by the supreme court in Whitnell v. Silverman, 95-0112 (La.12/6/96), .
  • Menard v. Louisiana High School Athletic Ass'n 30 So. 3d 790 La. Ct. App. 1st Cir. 2009
    Const, art. I, § 3 provide that all persons are entitled to equal protection of the law, and require that “persons similarly situated receive like treatment.” Whitnell v. Silverman, 95-0112, pp. 9-10 (La.12/6/96), -30 .
  • Warren v. Louisiana Medical Mutual Insurance Co. 21 So. 3d 186 La. 2009
    p. 6 (La.12/6/96), (constitutionality of provision, 1986 malpractice suit); Hillman v. Akins, 93-0631, p. 5 (La.1/14/94), (all acts of malpractice at issue occurred in 1985 or 1986; cites Hebert as holding discovery rule category of contra non inapplicable to claims brought under La.
  • Borel v. Young 989 So. 2d 42 La. 2008
    No. 1, 99-2402, p. 4 (La.4/11/00), ; Reeder v. North, 97-0239, p. 9, n. 3 (La.10/21/97), n. 3 ; Whitnell v. Silverman, 95-0112, p. 6 (La.12/6/96), ; Plaquemines Parish Com'n Council v. Delta Development Co., Inc.
  • Wong v. Hoffman 973 So. 2d 4 La. Ct. App. 4th Cir. 2007
    The Louisiana Supreme, Court considered whether the one- and three-year limitation provision contained in the Louisiana Medical Malpractice Act violated this constitutional provision in Whitnell v. Silver man, 95-0112, 95-0259 (La.12/6/96), .
  • Adams v. BOARD OF COM'RS FOR ORLEANS LEVEE 966 So. 2d 660 La. Ct. App. 4th Cir. 2007
    Whitnell v. Silverman, 95-0112, pp. 9-10 (La.12/6/96), -30 .
  • Beauclaire v. Greenhouse 922 So. 2d 501 La. 2006
    Relying on Whitnell v. Silverman, 95-0112 (La.12/6/96), , defendants argue that a party has standing only to challenge the constitutionality of a statute to the extent that the statute adversely affects his own rights.
  • Johansen v. LA. HIGH SCHOOL ATHLETIC ASS'N 916 So. 2d 1081 La. Ct. App. 1st Cir. 2005
    Whitnell v. Silverman, 95-0112, pp. 9-10 (La.12/6/96), -30 .
  • Johansen v. Louisiana High School Athletic Ass'n 916 So. 2d 1081 La. Ct. App. 1st Cir. 2005
    Const, art. I, § 3 provide that all persons are entitled to equal protection of *1089 the law, and require that “persons | insimilarly situated receive like treatment.” Whitnell v. Silverman, 95-0112, pp. 9-10 (La.12/6/96), -30 .
  • Greater New Orleans Expressway Commission v. Olivier 892 So. 2d 570 La. 2005
    To have standing, a party must complain of a constitutional defect in the application of the statute to him or herself, not of a defect in its application to “third parties in hypothetical situations.” Whitnell v. Silverman, 95-0112 (La.12/6/96), (citing cases).
  • Carter v. Haygood 892 So. 2d 1261 La. 2005
    Whitnell v. Silverman, 95-0112 (La.12/6/96), .
  • GREATER NEW ORLEANS EXP. COM'N v. Olivier 892 So. 2d 570 La. 2005
    Whitnell v. Silverman, 95-0112 (La.12/6/96), (citing cases).
  • Deshotel v. Guichard Operating Co., Inc. 916 So. 2d 72 La. 2004
    Whitnell v. Silverman, 95-0112 (La.12/6/96), ().
  • Walker v. Bossier Medical Center 873 So. 2d 841 La. Ct. App. 2d Cir. 2004
    In Whitnell v. Silverman, 95-0112 (La.12/06/96), , the supreme court held that the three-year statute of limitations set forth in La.
  • In Re Trahan 866 So. 2d 907 La. Ct. App. 5th Cir. 2004
    [3] Whitnell v. Silverman, 95-0112, p. 9 n. 13 (La.12/06/96), .
  • David v. Our Lady of the Lake Hosp., Inc. 849 So. 2d 38 La. 2003
    See Whitnell v. Silverman, 95-0112, p. 9 n. 13 (La.12/06/96), , 29 n. 13.
  • Moore v. Ware 839 So. 2d 940 La. 2003
    Whitnell v. Silverman, 95-0112 (La.12/6/96), -30 .
  • American Gaming Ass'n v. Riverboat Gaming 838 So. 2d 5 La. Ct. App. 1st Cir. 2002
    Whitnell v. Silverman, 95-0112 (La.12/6/96), -30 .
  • Jenkins v. Dyess 821 So. 2d 722 La. Ct. App. 2d Cir. 2002
    Whitnell v. Silverman, 95-0112, 95-0259 (La.12/6/96), .
  • Ruiz v. Oniate 806 So. 2d 81 La. Ct. App. 4th Cir. 2001
    4 Cir. 11/4/94) , , but that decision was reversed by the Supreme Court in Whitnell v. Silverman, 95-0112 (La.12/6/96) .
  • Williams v. Jackson Parish Hospital 798 So. 2d 921 La. 2001
    Relying on Whitnell v. Silverman, 95-0112 (La.12/6/96), , (on reh'g), which the court read as rejecting Williams' constitutional challenges, the court of appeal affirmed.
  • In Re Medical Review Panel, Claim of Moses 788 So. 2d 1173 La. 2001
    Dissenting in Whitnell v. Silverman, 95-0112 (La.12/6/96), , Justice Lemmon explained how the continuing tort doctrine can apply in this context under this third category of contra non valentem, stating: [T]he doctor, who is in a fiduciary relationship with the plaintiff, has a continuing duty to disclose the known material information, not only on the day that the doctor lea
  • Hardy v. Blood Systems, Inc. 794 So. 2d 13 La. Ct. App. 3d Cir. 2001
    The Hardys strenuously argue that our reliance in Trahan on the decisions set forth in Crier, and Whitnell v. Silverman, 95-0112 (La.12/6/96); are erroneous.
  • Trahan v. Our Lady of Lourdes Regional Medical Center, Inc. 778 So. 2d 1205 La. Ct. App. 3d Cir. 2001
  • Jeter v. Shamblin 774 So. 2d 1071 La. Ct. App. 2d Cir. 2000
    Whitnell v. Silverman, 95-0112 (La.12/06/96), .
  • State v. Carter 773 So. 2d 268 La. Ct. App. 4th Cir. 2000
    Whitnell v. Silverman, 95-0112, pp. 9-10 (La.12/6/96), -30 .
  • Adams v. Ochsner Clinic of Baton Rouge 771 So. 2d 258 La. Ct. App. 1st Cir. 2000
    See Rajnowski, 564 So.2d at 676 (Physician need only discuss material findings with his patient.); see also Whitnell v. Silverman, 95-0112 (La.12/6/96), (Lemmon, J. dissenting) (Although pathology report could have been interpreted to indicate that plaintiff had a cancerous or pre-cancerous condition, treating physician's interpretation of the report as not revealing the presence of cancer cells was "fair and reasonable.") Further, there is no evidence to support
  • Williams v. JACKSON PARISH HOSP. 768 So. 2d 866 La. Ct. App. 2d Cir. 2000
    Subsequently, in Whitnell v. Silverman, 95-0112 (La.12/06/96), , the court declined to overrule its earlier decision in Crier .
  • Morgan v. Whaley 765 So. 2d 408 La. Ct. App. 1st Cir. 2000
    These provisions mandate “that persons similarly situated receive like treatment.” Whitnell v. Silverman, 95-0112, pp. 9-10 (La.12/6/96), -30 .
  • Neal v. PENDLETON MEMORIAL METHODIST HOSP. 733 So. 2d 698 La. Ct. App. 4th Cir. 1999
    However, , 686 So.2d at 29 n. 13, the court refused to address the issue of whether the limitation might be unconstitutional as applied to individuals with diseases that have latency periods in excess of three years because that issue was not before the court.
  • Morgan v. Moulder 727 So. 2d 536 La. Ct. App. 1st Cir. 1998
    See also Whitnell v. Silverman, 95-0112 (La.12/6/96), , 32 n. 3 (Lemmon, J., dissenting).
  • In re Medical Review Panel of Harris 725 So. 2d 7 La. Ct. App. 1st Cir. 1998
    However, appellants cite Whitnell v. Silverman, 95-0112 (La.12/6/96); , in support of their assertions.
  • In Re Medical Review Panel Proc. Vaidyanathan 719 So. 2d 604 La. Ct. App. 4th Cir. 1998
    The Louisiana Supreme Court's most recent statement on the issue raised by the instant appeal is found in Whitnell v. Silverman, 95-0112 (La.12/6/96), , in which the court found that a physician's failure to inform the plaintiff of the results of a biopsy report showing a "precancerous lesion" "did not prevent the timely filing of plaintiffs' action intentionally, fraudulently, or by ill practice."
  • In Re Medical Review Panel for Claim of Brown 715 So. 2d 1249 La. Ct. App. 4th Cir. 1998
    The Browns also rely upon Justice Lemmon's dissent in Whitnell v. Silverman, 95-0112, 95-0259 (La.12/6/96), -35 , which considered application of the third category of contra non valentem to a malpractice case.
  • Doe v. Southern Baptist Hosp. 717 So. 2d 654 La. Ct. App. 4th Cir. 1998
    In Whitnell v. Silverman, 95-0112, 95-0259 (La.12/6/96), , the Supreme Court dealt with another constitutional challenge to La.
  • Progressive SEC. Ins. Co. v. Foster 711 So. 2d 675 La. 1998
    See Whitnell v. Silverman, 95-0112 (La.12/6/96); Manuel v. State of Louisiana, 95-2189 (La.7/2/96); [1] ; La.
  • Romaguera v. Overby 709 So. 2d 266 La. Ct. App. 4th Cir. 1998
    12 /6/96, , held that R.S.
  • Reeder v. North 701 So. 2d 1291 La. 1997
    1986) (on rehearing); see also, Whitnell v. Silverman, 95-0112 (La.12/6/96), .
  • Kavanaugh v. Long 698 So. 2d 730 La. Ct. App. 2d Cir. 1997
    See also Whitnell v. Silverman, 95-0112 (La.12/6/96), .
  • Boudoin v. NICHOLSON, BAEHR, ETC. 698 So. 2d 469 La. Ct. App. 4th Cir. 1997
    Because the Supreme Court subsequently reversed that decision, Whitnell v. Silverman, 95-0112, 95-0259 (La.12/6/96), , we need not address this argument.
  • Claim of Aron 695 So. 2d 553 La. Ct. App. 4th Cir. 1997
    See also Whitnell v. Silverman, 95-0112 p. 2 n. 3 (La.12/6/96), , 32 n. 3 (Lemmon, J., dissenting).
  • Masters v. Fields 686 So. 2d 850 La. 1997
    Consideration of this application was deferred pending the finality of Whitnell v. Silverman, No. 95-C-0112 c/w 95-CA-0259, (La.