Cited by
Opinions in Louisiana that cite Scott v. American Tobacco Co., 731 So. 2d 189.
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Sheffie v. Wal-Mart Louisiana, LLC
92 So. 3d 625
La. Ct. App. 1st Cir. 2012
dgment); Hutchinson v. Knights of Columbus, Council No. 5747, 03-1533 (La.2/20/04), (holding that “[ajffidavits in support of or in opposition to motions for summary judgment must be filed into evidence at the hearing on the motion or filed into the record in order for the affidavits to be part of the record on appeal.” (Emphasis added)); Aydell v. Sterns, 98-3135 (La.2/26/99), (holding that information contained in affidavits and depositions submitted as attachments to a memorandum were properl
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Arregui v. Risk Management Services, LLC
62 So. 3d 136
La. Ct. App. 1st Cir. 2011
In Aydell v. Sterns, 1998-3135 (La.2/26/99) , the Louisiana Supreme Court granted writ in a matter finding that the Court of Appeal erroneously held that the trial court could not rely on the evidence submitted by the defendant in support of its motion simply because the evidence was attached to the memorandum in support of the motion and not the motion itself.
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Gatlin v. KLEINHEITZ
34 So. 3d 872
La. Ct. App. 1st Cir. 2009
Aydell v. Sterns, 98-3135 (La.2/26/99), -190 (holding that information contained in affidavits and depositions submitted as attachments to a memorandum were properly before the trial court and appellate court for purposes of a motion for summary judgment).
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Lewis v. Jabbar
5 So. 3d 250
La. Ct. App. 1st Cir. 2009
Aydell v. Sterns, 98-3135 (La.2/26/99), -90 .
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Monterrey Center, LLC v. Ed.ucation Partners, Inc.
5 So. 3d 225
La. Ct. App. 1st Cir. 2008
See Aydell v. Sterns, 98-3135 (La.2/26/99), .
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Wade Phillips v. New Hampshire Ins. Co.
La. Ct. App. 3d Cir. 2008
2/26/99), held that evidence presented as an attachment to the memorandum in support of or in opposition to the motion for summary judgment is properly before the court, reasoning that to hold otherwise “undermines the use of summary judgment procedures to ‘secure the just, speedy, and inexpensive determination of every
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Phillips v. New Hampshire Ins. Co.
997 So. 2d 774
La. Ct. App. 3d Cir. 2008
The supreme court in Aydell v. Sterns, 98-3135, p. 1 (La.2/26/99), , 190 held that evidence presented as an attachment to the memorandum in support of or in opposition to the motion for summary judgment is properly before the court, reasoning that to hold otherwise "undermines the use of summary judgment procedures to `secure the just, speedy, and inexpensive determination of every a
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Samaha v. Rau
977 So. 2d 880
La. 2008
See Aydell v. Sterns, XXXX-XXXX (La.2/26/99), -190 .
- Hickman v. CHEVRON USA, INC. 973 So. 2d 179 La. Ct. App. 1st Cir. 2007
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Scott v. American Tobacco Co., Inc.
949 So. 2d 1266
La. Ct. App. 4th Cir. 2007
4 Cir. 11/4/98) , , writ denied, 98-3016 (La.2/26/99), .
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Satterthwaite v. Byais
943 So. 2d 390
La. Ct. App. 1st Cir. 2006
Aydell v. Sterns, 98-3135 (La.2/26/99), -90.
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River Birch, Inc. v. ROBIN & ASSOC., INC.
906 So. 2d 729
La. Ct. App. 1st Cir. 2005
See Scott v. American Tobacco Co., 98-3016 (La.2/26/99), .
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MANDALAY OIL & GAS v. Energy Develop. Corp.
880 So. 2d 129
La. Ct. App. 1st Cir. 2004
13:4231; Scott v. American Tobacco, Co., 98-3016 (La.2/26/99), (per curiam).
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Boland v. West Feliciana Parish Police Jury
878 So. 2d 808
La. Ct. App. 1st Cir. 2004
Aydell v. Sterns, 98-3135 (La.2/26/99), .
- Howard Hebert v. Bill-Wood Limited Liability Company, D/B/A Billeaud Planters, Inc. La. Ct. App. 3d Cir. 2003
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Hebert v. Bill-Wood Ltd. Liability Co.
862 So. 2d 1227
La. Ct. App. 1st Cir. 2003
To hold otherwise, would, as stated by the supreme court, undermine “the use of summary judgment to ‘secure the just, speedy, and inexpensive determination of every action.’ ” Aydell v. Sterns, 98-3135, p. 1 (La.2/26/99), .
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Davis v. American Home Products Corp.
844 So. 2d 242
La. Ct. App. 4th Cir. 2003
4 Cir. 11/4/98), , writ denied, 98-3016 (La.2/26/99), , this court distinguished Ford v. Murphy Oil U.S.A., Inc., 96-2913 (La.9/9/97), ; on rehearing in part on other grounds, 96-2913 (La.10/10/97), .
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West v. G & H SEED CO.
832 So. 2d 274
La. Ct. App. 3d Cir. 2002
4 Cir.1998); -13 , writ denied, 98-3016 (La.2/26/99); explained that "Ford dealt not only with a combination of substances emitted by different defendants, but combinations that according to plaintiff class' own allegations might involve different combinations for every member of the supposed class as well as effects that would have been different for each member of the
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O'NEAL v. Blackwell
818 So. 2d 118
La. Ct. App. 1st Cir. 2001
See Aydell v. Sterns, 98-3135 (La.2/26/99), .
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Frisard v. Autin
747 So. 2d 813
La. Ct. App. 1st Cir. 1999
See Aydell v. Sterns, 98-3135 (La.2/26/99), .
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Melton v. Miley
754 So. 2d 1088
La. Ct. App. 1st Cir. 1999
We note the supreme court in Aydell v. Sterns, 98-3135 (La.2/26/99), , stated that affidavits submitted by the defendant as attachments to its memorandum in support of its motion for summary judgment were properly before the trial court, even though the affidavits were not attached to the motion and were not entered into evidence at the hearing.