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Cited by

Opinions in Louisiana that cite State v. Anderson, 732 So. 2d 517.

82 citing documents.

  • Kraig T. Strenge v. Abc Insurance Co. La. Ct. App. 3d Cir. 2024
    4/16/99), where the supreme court held “inherent in the concept of res judicata is the principle that a party had the opportunity to raise a claim in the first adjudication, but failed to do so.” We further note a trial court has discretion when balancing the doctrine of res judicata and the interests of justice
  • Mona Leblanc v. Walmart Distribution Center La. Ct. App. 3d Cir. 2024
  • State of Louisiana Versus Ricky Joseph, Jr. La. Ct. App. 5th Cir. 2023
  • State of Louisiana v. Juwan Wells La. Ct. App. 2d Cir. 2022
    3/19/99), State v. Burford, 39,610 (La.
  • State of Louisiana v. Jareona Nicole Crosby La. Ct. App. 2d Cir. 2022
    3/19/99), State v. Burford, 39,610 (La.
  • Gerald A. Newburger, Jr. v. Orkin, L.L.C. La. Ct. App. 3d Cir. 2021
  • James Addison McCalmont, III v. James A. McCalmont, IV and Payton Brooks McCalmont La. Ct. App. 3d Cir. 2020
    4/16/99), Jay further argues that “inherent in the concept of res judicata is the principle that a party had the opportunity to raise a claim in the first adjudication, but failed to do so.” On this basis, Jay contends that under the rules of claim preclusion, James’s action against him is precluded because this action
  • Hoddinott v. Hoddinott 253 So. 3d 233 La. Ct. App. 1st Cir. 2018
  • State v. Meadows 246 So. 3d 639 La. Ct. App. 2d Cir. 2018
    3/19/99), ; State v. Warren , supra .
  • State v. Small 212 So. 3d 1158 La. 2017
  • State v. Johnston 198 So. 3d 151 La. Ct. App. 2d Cir. 2016
    12 Sentencing Disclosure Errors During Guilty Plea Colloquy The supreme court has held that even though “advice with respect to the defendant’s sentencing exposure may facilitate the taking of a voluntary guilty plea, [it] *161 does not form part- of the core Boykin requirements for the |¶ gentry of a presumptively valid guilty plea.” State v. Anderson, 1998-2977 (La.3/19/99), ; State v. Burford, 39,610 (La.App.2d Cir.5/11/05), , writ denied, 2005-1573 (La.1/27/06), .
  • Albert v. Air Products & Chemicals 186 So. 3d 743 La. Ct. App. 1st Cir. 2016
    Gov’t., 98-1810 (La.4/16/99), -25 (“[T]he Legislature, through LSA-R.S.
  • Board of Supervisors of Louisiana State University v. Dixie Brewing Co. 154 So. 3d 683 La. Ct. App. 1st Cir. 2014
    See Jackson v. Iberia Parish Government, 98-1810, p. 9 (La.4/16/99), (holding that "inherent in the concept of res judicata is the principle that a party had the opportunity to raise a claim in the first adjudication, but failed to do so”); Benton, Benton and Benton v. Louisiana Public Facilities Authority, 95-1367, p. 3 (La.App.
  • Siemens Water Technologies Corp. v. Revo Water Systems, LLC La. Ct. App. 3d Cir. 2014
  • Siemens Water Technologies Corp. v. Revo Water Systems, LLC 130 So. 3d 473 La. Ct. App. 1st Cir. 2014
    Furthermore, the supreme court has recognized that, “inherent in the concept of res judicata is the principle that a party had the opportunity to raise a claim in the first adjudication, but failed to do so.” Jackson v. Iberia Parish Gov’t, 98-1810, p. 9 (La.4/16/99), .
  • Lopez v. Marques Food Distributors 110 So. 3d 1132 La. Ct. App. 1st Cir. 2013
    “The power of modification, while not a substitute for the appellate process, exists for the purpose of modifying awards due to a change in the workers’ condition.” Jackson v. Iberia Parish Government, 98-1810 (La.4/16/99), .
  • State v. Welch 57 So. 3d 442 La. Ct. App. 2d Cir. 2011
    advise him of “the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law.” However, the supreme court has held that advice “with respect to the defendant’s sentencing exposure * * * has never formed a part of this Court’s core Boykin requirements for the entry of a presumptively valid guilty plea in any case.” State v. Anderson, 98-2977 (La.3/19/99), ; State v. Guzman, 99-1753 (La.5/16/00), .
  • Marathon Oil Co. v. Bowling 56 So. 3d 328 La. Ct. App. 2d Cir. 2010
    See, Jackson v. Iberia Parish Government, 98-1810 (La.04/16/99), ; Chaisson v. Central Crane Service, 10-0112 (La.App.
  • Chaisson v. Central Crane Service 44 So. 3d 883 La. Ct. App. 1st Cir. 2010
    4th Cir.1/14/98), -51 , writ denied, 98-0419 (La.5/1/98), , and Jackson v. Iberia Parish Gov’t, 98-1810 (La.4/16/99), , that the initial judgment finding no disability could not bar a later claim seeking modification of indemnity benefits under La.
  • Roger Rivers v. Bo Ezernack Hauling Contractor, Inc. La. Ct. App. 3d Cir. 2010
    4/16/99), -25 (footnote omitted), the supreme court reviewed the purpose of the modification provision of the workers’ compensation statute, explaining: The modification statute is to be liberally construed in favor of the claimant, and that through it, the Legislature did not intend that a judgment dete
  • Rivers v. Bo Ezernack Hauling Contractor, LLC 37 So. 3d 1088 La. Ct. App. 1st Cir. 2010
    In Jackson v. Iberia Parish Government, 98-1810, pp. 9-10 (La.4/16/99), -25 (footnote omitted), the supreme court reviewed the purpose of the modification provision of the workers’ compensation statute, explaining: The modification statute is to be liberally construed in favor of the claimant, and that through it, the Legislature did not intend that a judgment determining the extent o
  • State v. Lane 38 So. 3d 413 La. Ct. App. 5th Cir. 2010
    [11] State v. Anderson, 98-2977 (La.3/19/99), .
  • State v. Lanieux 42 So. 3d 979 La. Ct. App. 1st Cir. 2010
    State v. Anderson, 98-2977 (La.3/19/99), .
  • Fox v. Reynolds Industrial Contractors 33 So. 3d 895 La. Ct. App. 2d Cir. 2010
    28:1310.8, infra, and Jackson v. Iberia Parish Government, 98-1810 (La.4/16/99), .
  • Brock Dore v. S & S Coating Specialties La. Ct. App. 3d Cir. 2009
    4/16/99), wherein the supreme court determined that res judicata did not preclude a suit to modify a prior judgment even if that judgment determined that claimant’s disability terminated before trial and the judgment was satisfied.
  • Dore v. S & S COATING SPECIALTIES, INC. 23 So. 3d 1022 La. Ct. App. 1st Cir. 2009
    The claimant argues that this case is similar to Jackson v. Iberia Parish Government, 98-1810 (La.4/16/99), , wherein the supreme court determined that res judicata did not preclude a suit to modify a prior judgment even if that judgment determined that claimant’s disability terminated before trial and the judgment was satisfied.
  • Thonn v. Slidell Memorial Hospital 20 So. 3d 510 La. Ct. App. 1st Cir. 2009
    The Louisiana Supreme Court, in Jackson v. Iberia Parish *515 Government, 98-1810, p. 10 (La.4/16/99), , concluded that the legislature, by enacting R.S.
  • State v. Warren 968 So. 2d 909 La. Ct. App. 2d Cir. 2007
    See State v. Guzman, supra ; State v. Anderson, 98-2977 (La.03/19/99)
  • State of Louisiana v. Thomas Swaggart La. Ct. App. 3d Cir. 2007
  • State v. Swaggart 956 So. 2d 707 La. Ct. App. 1st Cir. 2007
    State v. Anderson, 98-2977 (La.3/19/99), .
  • State v. Honeycutt 953 So. 2d 914 La. Ct. App. 2d Cir. 2007
    State v. Guzman, supra , citing State v. Anderson, 98-2977 (La.03/19/99), .
  • State v. Morgan 948 So. 2d 199 La. Ct. App. 5th Cir. 2006
    5 Cir. 10/6/05) , , 1203 citing State v. Guzman, 99-1528, 99-1753 (La.5/16/00), , in which the Supreme Court stated that "[t]his Court has never extended the core Boykin constitutional requirements to include advice with respect to sentencing", and State v. Anderson, 98-2977 (La.3/19/99), .
  • Magee v. Abek, Inc. 943 So. 2d 372 La. Ct. App. 1st Cir. 2006
    In Jackson v. Iberia Parish Gov't, 98-1810 (La.4/16/99), , the Louisiana Supreme Court held where the legislature expressly provides that a workers' compensation award or judgment can be subject to a claim for modification, res judicata does not apply.
  • Dombrowski v. New Orleans Saints 943 So. 2d 403 La. Ct. App. 1st Cir. 2006
    [5] See Jackson v. Iberia Parish Gov't, 98-1810 (La.4/16/99), , 519 n. 1.
  • Reynolds Industrial Contractors v. Fox 935 So. 2d 783 La. Ct. App. 2d Cir. 2006
    23:1310.8; Jackson v. Iberia Parish Government, 98-1810 (La.4/16/99), .
  • State v. Broadway 920 So. 2d 960 La. Ct. App. 2d Cir. 2006
    In spite of Art. 556.1, the jurisprudence does not view “advice with respect to the defendant’s sentencing exposure” as part of the “core Boykin requirements for the entry of a presumptively valid guilty plea in any case.” State v. Anderson, 98-2977 (La.3/19/99), ; State v. Burford, 39,610 (La.App.
  • K-Mart Corp. v. Malbrough 928 So. 2d 133 La. Ct. App. 1st Cir. 2005
    See Jackson v. Iberia Parish Government, 98-1810 (La.4/16/99), -525 .
  • State v. Tomlinson 916 So. 2d 1200 La. Ct. App. 5th Cir. 2005
    Accord, State v. Anderson, 98-2977 (La.3/19/99), , (Per Curiam).
  • State v. Burford 902 So. 2d 1190 La. Ct. App. 2d Cir. 2005
    State v. Anderson, 1998-2977 (La.3/19/99), .
  • State v. Fleming 902 So. 2d 451 La. Ct. App. 5th Cir. 2005
    See, State v. Guzman, 99-1753 (La.5/16/00), ; State v. Robinson, 846 So.2d at 86 (citing State v. Anderson, 98-2977 (La.3/19/99), ).
  • Truitt v. Temp Staffers 915 So. 2d 786 La. Ct. App. 1st Cir. 2005
    The supreme court reaffirmed the validity of this policy by holding in Jackson v. Iberia Parish Gov't, 98-1810, p. 9 (La.4/16/99), , that where the legislature has expressly provided that an award or judgment can be subject to a claim of modification, res judicata does not apply.
  • Pamela Metoyer v. Roy O. Martin, Inc. La. Ct. App. 3d Cir. 2005
    4/16/99), the Louisiana Supreme Court discussed the application of La.R.S.
  • Metoyer v. Roy O. Martin, Inc. 895 So. 2d 552 La. Ct. App. 3d Cir. 2005
    In Jackson v. Iberia Parish Gov't, 98-1810, p. 9 (La.4/16/99), , the Louisiana Supreme Court discussed the application of La.R.S.
  • Wooley v. State Farm Fire and Cas. Ins. Co. 893 So. 2d 746 La. 2005
    While our courts routinely discuss the res judicata effect to be given certain rulings made by workers' compensation hearing officers, see e.g. Jackson v. Iberia Parish Gov't, 98-1810 (La.4/16/99), , the workers' compensation hearing officers have been given constitutional authority to hear matters that would otherwise arise under the district courts' original jurisdiction.
  • Schindler v. Orleans Regional Security Institute Inc. 891 So. 2d 115 La. Ct. App. 1st Cir. 2005
    13:4231; Jackson v. Iberia Parish Government, 98-1810, p. 4 (La.04/16/99), .
  • State v. Holladay 873 So. 2d 855 La. Ct. App. 2d Cir. 2004
    In State v. Anderson, 1998-2977 (La.03/19/99), , the supreme court held that advice as to sentencing exposure has never been part of the core Boykin requirements for the entry of a presumptively valid guilty plea.
  • State v. Granier 857 So. 2d 1176 La. Ct. App. 5th Cir. 2003
    State v. Anderson, 98-2977 (La.3/19/99), .
  • Williams v. BET Construction, Inc. 857 So. 2d 629 La. Ct. App. 1st Cir. 2003
    DISCUSSION Since the inception of workers’ compensation in this state, the legislature has “expressly provided that a compensation award can be subject to modification based on a change in the worker’s condition.” Jackson v. Iberia Parish Gov’t, 98-1810, p. 9 (La.4/16/99), .
  • Richardson v. Richardson 859 So. 2d 81 La. Ct. App. 1st Cir. 2003
    5th Cir.4/29/03), , citing Falgout v. Dealers Truck Equipment Company, 98-3150 (La.10/19/99), , and Jackson v. Iberia Parish Government, 98-1810 (La.4/16/99), .
  • Degrasse v. Elevating Boats, Inc. 850 So. 2d 40 La. Ct. App. 1st Cir. 2003
    The Supreme Court reaffirmed the validity of this policy by holding in Jackson v. Iberia Parish Gov’t, 98-1810, p. 9 (La.4/16/99), , that where the legislature has expressly provided that an award or judgment can be subject to a claim of modification, res judicata does not apply.