Case law

Thomas Allen and Elva Allen v. State of Louisiana, Department of Wildlife & Fisheries and Devin Bryant

Louisiana Court of Appeal · Feb 5, 2025

8 qualified, statutory, and jurisprudential immunity.” … A government official has the burden of proving the defense of qualified immunity. La. Farms v. La.

State v. Brown

996 So. 2d 461 · Louisiana Court of Appeal · Sep 24, 2008

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … While the evidence in the present case did not establish actual possession of the drugs by the defendant, it is sufficient to establish constructive possession. *466 The evidence reflects that the three bags of cocaine were

Carver, Inc. v. STATE, DEPT. OF PUBLIC SAFETY & CORR.

672 So. 2d 1141 · Louisiana Court of Appeal · Apr 4, 1996

After a thorough review of the record, we cannot say that the hearing officer's findings of fact were clearly wrong or manifestly erroneous. … With regard to the term "intentional," La.R.S. 14:11 states that in the absence of qualifying provisions, the terms "intent" and "intentional" refer to general criminal intent.

Graham v. Marshall

333 So. 2d 707 · Louisiana Court of Appeal · May 24, 1976

These provisions clearly vest the mayor and board of aldermen with the sole power to hire and fire employees unless that power is validly delegated to the chief of police. Chapman v. … However, in those municipalities governed by the provisions of R.S. 33:321 through R.S. 33:481, which have a chief of police elected by a majority of the qualified voters thereof, appointments of police personnel shall be

Albright v. SOUTHERN TRACE

859 So. 2d 238 · Louisiana Court of Appeal · Oct 17, 2003

A private club is immune to claims of discrimination, while a public accommodation must comply with La. Const. art. I, § 12. … That is the economic discrimination that is perpetuated against women by excluding them from the social clubs and "back rooms" where business relationships are established and deals are made.

Drury v. Kitchen

94 La.App. 4 Cir. 0410 · Louisiana Court of Appeal · Nov 17, 1994

George Hero, who was qualified as an expert in the cause and origin of fires, testified that the shed caught fire and the fire spread to Drury’s office in the main building. … Esso Plaisance, qualified as an expert in the field of the Fire Codes of the City of New Orleans, was hired by Drury to testify concerning alleged Fire Code violations. Mr.

Jones v. Black

2013 La.App. 1 Cir. 1889 · Louisiana Court of Appeal · May 2, 2014

Cameron’s | n education, training, and experience clearly qualified him as an expert as tendered in the field of obstetrics and gynecology: See Bradbury v. … Kastl are qualified to render opinions concerning whether Dr.

Moore v. Central Louisiana Electric Co.

257 So. 2d 702 · Louisiana Court of Appeal · Feb 7, 1972

The documents show that neither defendant has ever qualified to do business in Louisiana or maintained an agent, office, or place of business in this state. … Those restrictions are more than a guarantee of immunity from inconvenient or distant litigation. They are a consequence of territorial limitations on the power of the respective States.

HOUSING AUTH. OF CITY OF LAKE CHARLES v. Pappion

540 So. 2d 567 · Louisiana Court of Appeal · Mar 15, 1989

Defendant was eligible for residency in the apartment complex because he established that he was a disabled individual under 42 U.S.C.A. § 1437a(b)(3), by reason of his paranoid schizophrenia. … New York University, supra, discussed this part of Section 504 as follows: "Turning to the Act's term otherwise qualified handicapped individual, it is now clear that this refers to a person who is qualified in spite of her

Miller, Smith and Champagne v. Capital City Press

142 So. 2d 462 · Louisiana Court of Appeal · May 21, 1962

There can be no doubt that the identity of the informant could be calculated to lead to admissible evidence which would establish him as "an absolutely reliable source" or an unreliable source, and if the latter be established … "The existence of probable cause is the second requisite for invoking the doctrine of qualified privilege.

Brown v. Democratic Committee, Court of Appeal, Fourth Circuit, Third District

238 So. 2d 48 · Louisiana Court of Appeal · Jul 15, 1970

It is true that they did not change their voting registration, but I think it is clearly evident that it was their intention to establish their home at the Mimosa Park address. … I would personally much prefer that he be qualified and that the electorate of the district make the important decision in which we, as judges of this Court, are much concerned; but I must express my convictions which are

Price v. Chain Electric Co.

16 La.App. 5 Cir. 597 · Louisiana Court of Appeal · Apr 12, 2017

R.S. 23:1061 establish that ELL was Mr. Price’s statutory employer. … Price. 2 In response to plaintiffs opposition memorandum, ELL filed a reply memorandum, arguing that the language of the Agreement clearly shows that it was intended to apply to future entities, such as ELL.

Brown v. Edwards

321 So. 2d 394 · Louisiana Court of Appeal · Jun 30, 1975

Article VII, Section 65 of the Louisiana Constitution provides in pertinent part as follows: “There shall be a sheriff elected by the qualified electors of each parish in the State except in the Parish of Orleans, who shall … We feel that this position is not supportable because the well established jurisprudence concerning interpretation of statutory bonds, is clearly stated by the Louisiana Supreme Court in the case of Long Bell Lumber Company

In Re Spillars

2 So. 3d 593 · Louisiana Court of Appeal · Jan 14, 2009

clearly wrong. … This determination by the trial court does not appear to be clearly wrong, and clearly was within the province of the factfinder.

Hook v. Georgia-Gulf Corp.

788 So. 2d 47 · Louisiana Court of Appeal · Jan 12, 2001

To establish a prima facie case under the LHRA, Hook must show: 1) he has a disability; 2) he is a qualified individual for the job in question; and 3) an adverse employment decision was made because of his disability. … The evidence does not clearly establish that Hook was substantially limited in his ability to learn despite his Ritalin treatment.

Talley v. Enserch Corp.

589 So. 2d 615 · Louisiana Court of Appeal · Nov 13, 1991

Talley has overcome his burden of proof in establishing that he qualifies for benefits pursuant to the total disability definition of the Enserch Corporation Employee’s Benefit Trust. … These considerations, coupled with evidence of a conflict of interest which lessens the discretion of the Plan administrator, cause us to conclude that the trial court was not clearly wrong in its decision that Talley qualified

Fisher v. Walters

415 So. 2d 343 · Louisiana Court of Appeal · May 17, 1982

There is a significant variance between the stopping distances calculated by the two experts, both of whom are well qualified and both of whom seem to have used correct data and reasonable formulas. … is not clearly wrong (manifestly erroneous).

Richard v. Mike Hooks, Inc.

772 So. 2d 148 · Louisiana Court of Appeal · Oct 4, 2000

It has been held that where a prior disposition is clearly erroneous and will create a grave injustice, it should be reconsidered. Turner v. … Thus, the fact that a maritime employee is injured while on a ship at sea as part of his employment does not qualify him as a member of the vessel's crew, and a maritime employee need not work only on a vessel to qualify

Marcantel v. Allen Parish School Bd.

490 So. 2d 1162 · Louisiana Court of Appeal · Jun 25, 1986

Any other conclusion would be clearly erroneous. In light of our factual determination that Ms. … No other cause was established. The trial judge did not err in concluding that the condition was a result of the accident. Dr.

Adkins v. Huckabay

749 So. 2d 900 · Louisiana Court of Appeal · Dec 23, 1999

Taylor established that the registrar must have inadvertently written “Willie Lee Brooks” on Ms. Horton’s ballot. … However, the testimony and documentary evidence clearly show that the registrar simply recorded the wrong information on Ardis’s ballot slip. To hold otherwise was clearly wrong.