Case law

Concerned Classified City Employees, Inc. v. Civil Service Commission

2015 La.App. 4 Cir. 0654 · Louisiana Court of Appeal · Jan 6, 2016

contradicts) the express provisions of § 14(B), which mandates that those qualified cities who elect to be governed by Part I are to be so governed permanently “as if this Part had originally applied to it.” … As clearly indicated by the Constitutional Convention debates noted heretofore, Part I originally applied to the City.

Brown v. Martin

2010 La.App. 4 Cir. 0799 · Louisiana Court of Appeal · Dec 8, 2010

The record in the criminal proceeding, which was introduced, “reflects that Deputy Martin was wearing his full deputy uniform with his badge clearly displayed on the front of jacket when he approached the defendant.” … R.S. 14:19 or 20 (criminal provisions governing self defense and justifiable homicide), is immune from civil action for the use of such force." Maraist & Galligan, supra. . As Mr.

Ezernack v. Chief Motor Company

240 So. 2d 417 · Louisiana Court of Appeal · Nov 2, 1970

I fail to see how the cost of insurance coverage qualifies as a finance charge. … The jurisprudence of this State is well established that statutory penalty clauses are to be strictly construed and this legal principle is clearly applicable to the instant case. Harmon v.

In Re: Kaitlyn Layne Boyd Cobb Applying for Intra Family Adoption of A.E.C.

Louisiana Court of Appeal · Nov 15, 2023

the evidence, has been established. … However, the record clearly demonstrates the mother was persistent in her efforts to communicate with A.E.C. via telephone calls and text messages.

State v. Watson

135 So. 3d 693 · Louisiana Court of Appeal · May 15, 2013

(ii) Possession of Cocaine with Intent to Distribute Watson clearly exercised dominion and control over the cocaine, and possessed it with intent to distribute. … C.E. art. 701 permits a law enforcement officer to express an opinion regarding matters of personal knowledge gained through experience, even if the witness is not first qualified as an expert. State v.

State Ex Rel. Ieyoub v. Bordens, Inc.

684 So. 2d 1024 · Louisiana Court of Appeal · Nov 27, 1996

The civil petition does not clearly set out the time periods. The federal complaint, which arose pursuant to a federal grand jury investigation, stated that Borden's activities continued at least until June, 1989. … The petition erroneously declares that "antitrust liability is established, leaving only damages to be proven at trial."

State v. Brown

444 So. 2d 1346 · Louisiana Court of Appeal · Jan 16, 1984

This is also established by the prison record of Calvin Brown, replete with pictures, fingerprints, the social security number, and date of birth of this defendant. … We have found that these items were either clearly admissible or were not objected to. We find these contentions of defendant without merit.

English Turn Property Owners Ass'n v. Taranto

2016 La.App. 4 Cir. 0319 · Louisiana Court of Appeal · Apr 19, 2017

Quorum, as discussed below, is more than fifty percent; 377 votes clearly exceeds the number required for a quorum. . … The body of the minutes clearly reflect that the meeting was held on February 11, 2015.

Brazan v. Washington

16 La.App. 5 Cir. 61 · Louisiana Court of Appeal · Jun 14, 2016

Thus, Hallmark asserted, the undisputed facts established that Arabie Trucking did not exercise any control over WHY or Mr. … Thus, under the plain language of the nonowned autos provision, the trailer was clearly “used in connection with” Arabie Trucking’s business at the time of the accident.

Michell v. Louisiana State Board of Optometry Exam.

146 So. 2d 863 · Louisiana Court of Appeal · Sep 24, 1962

Pursuant to this well established principle every consideration of public welfare and public policy upon which the Legislature could reasonably have based such legislation should be considered, and, if the statute in question … is not clearly arbitrary, unreasonable or without adequate basis, it should be upheld as constitutional.

State v. Foster

510 So. 2d 717 · Louisiana Court of Appeal · May 27, 1987

Thus the evidence conclusively establishes defendant is guilty of simple burglary. … As previously noted, the evidence clearly established that defendant committed simple burglary of Live Oak Pharmacy. Therefore, the jury's verdict is set aside; and we enter a verdict of guilty of simple burglary.

Stanley R. Palowsky, III Versus Allyson Campbell

Louisiana Court of Appeal · Aug 26, 2021

The defendant judges also filed, among other things, an exception of no cause of action, also arguing that judicial immunity applied to render them immune from suit, as well as a similar motion to strike. … As noted above, the scope of this provision of the Order is clearly allowed under La. C.C.P. art. 1426(A)(5).

Keating v. Van Deventer

2014 La.App. 1 Cir. 0157 · Louisiana Court of Appeal · Sep 19, 2014

To obtain the benefit of the limitation of liability under the Act, a healthcare provider must become qualified by fulfilling the requirements of La. … R.S. 40:1299.47(A)(2)(c) clearly provides that: |12An attorney chairman for the medical review panel shall be appointed within one year from the date the request for review of the claim was filed.

State v. Jones

46 So. 3d 756 · Louisiana Court of Appeal · Aug 11, 2010

The trial court’s admission of an allegedly gruesome photograph will be overturned on appeal only if the prejudicial effect clearly outweighs the probative value. … Though the photographs are not pleasant, they hardly seem to qualify as gruesome. Moreover, the defense merely alleges that the photographs are prejudicial.

Alvin Fairburn & Associates, LLC v. Marshall Henry Harris and Cindy Wale

Louisiana Court of Appeal · Oct 18, 2021

He contended that Kistler could not establish that his statement was either defamatory per se or susceptible of a defamatory meaning. … In opposition to the motion, Kistler contended that she established factual support for the elements of her claim.

Clement v. Naquin

152 So. 2d 281 · Louisiana Court of Appeal · Mar 29, 1963

Article 5121, and contending under these Articles there is no restriction on the right of a financially qualified person to become surety on a judicial bond. … The failure of the Legislature to enact a law prohibiting attorneys from signing bonds in all civil cases clearly shows that they did not intend to prevent attorneys from signing bonds except in certain special cases.

Wooley v. Lucksinger

961 So. 2d 1228 · Louisiana Court of Appeal · May 4, 2007

In brief, Health Net asserts the following: Health Net's Third Party Claim alleged numerous facts which establish that LDIs [DOI] actions represented to Health Net that it was permissible to sell the Louisiana HMO to AmCareCo … by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable.

In re Dean

247 So. 3d 746 · Louisiana Court of Appeal · Mar 29, 2018

The evidence at trial established that Nettie was extremely ill in the final weeks of her life. … The evidence does not establish any mismanagement of the estate by Cherry.

Wakefield v. Reliance Nat. Indemn. Co.

845 So. 2d 1238 · Louisiana Court of Appeal · Apr 29, 2003

Walkowski's deposition testimony and her trial testimony established that the accident occurred on a Saturday. Walkowski had been Operations Manager at McDonough for 21 years. … The trial court found, however, that Walkowski was clearly on an employment-related mission at the time the accident occurred.

State of Louisiana v. Charles Williams

Louisiana Court of Appeal · Jul 16, 2025

A suspension lasts from the date a qualifying motion is filed until the date the trial court rules on the motion. … Because Williams’ plea agreement was clearly set forth in the record at the time of his plea, he is statutorily precluded from review.