Case law

Ford v. New Orleans Sewerage and Water Bd.

594 So. 2d 1088 · Louisiana Court of Appeal · Feb 13, 1992

The Board receives the services of the Commission in creating job classifications, testing applicants and supplying the Board with a source of qualified civil servants, at no expense to the Board. … However, our review of the applicable law and jurisprudence clearly indicates that the Sewerage and Water Board is not a separate and distinct governmental entity, or a part of state government, but rather is included in

State v. Massey

11 La.App. 5 Cir. 358 · Louisiana Court of Appeal · Mar 27, 2012

Brady also requires the disclosure of evidence concerning a promise of leniency or immunity to a material witness in exchange for his testimony at trial. Giglio v. … The officers’ testimony was used to establish the facts leading up to, and including, the defendant’s arrest.

State ex rel. S.C.J.

9 La.App. 3 Cir. 1272 · Louisiana Court of Appeal · Feb 3, 2010

To convict of attempted armed robbery, there must be sufficient evidence to establish the intent to take something of value even though the act of taking need not be established. … There was no discussion of whether Officer Greanery qualified as an expert in this field, but S.C.J. did not challenge or rebut his testimony.

State v. Gauthier

941 So. 2d 642 · Louisiana Court of Appeal · Sep 27, 2006

Salcedo was qualified as an expert in forensic psychology. He testified that he and Dr. Richard Richoux had examined Mr. … Clearly, Mr. Gauthier was oblivious to the fact that Ms. Bouvier was so afraid of his retaliation that fear prevented her from leaving him sooner. Mr.

Rodessa Oil & Land Co. v. Perkins

104 So. 3d 52 · Louisiana Court of Appeal · Aug 8, 2012

ROLCO attached all documents establishing the unbroken chain of title to its motion for summary judgment. … It is well established that our Code of Civil Procedure sets forth a system of fact pleading. LSA-C.C.P. arts. 854, 891, 1003, 1004.

Sharplin v. Casualty Reciprocal Exchange

628 So. 2d 217 · Louisiana Court of Appeal · Dec 1, 1993

An insurance policy is a contract and the rules established for the construction of written instruments apply to contracts of insurance. … For these reasons, we find the trial court’s award of penalties and attorney’s fees was clearly wrong and must be reversed.

State v. Lewis

2010 La.App. 4 Cir. 1775 · Louisiana Court of Appeal · Apr 4, 2012

See Taylor, 93-2201, p. 26, 669 So.2d at 378 (holding, “we find that the verdict rendered was surely unattributable to any error that occurred in not allowing ‘back striking,’ and so qualifies as harmless.”) … Under Sullivan , the Johnson error would be classified as a “trial error,” which is the type of evidentiary error that is clearly subject to harmless-error review.

Murden v. Acands, Inc.

921 So. 2d 165 · Louisiana Court of Appeal · Dec 14, 2005

It is not surprising that the two attorneys, both of whom appear imminently qualified to render coverage opinions, have arrived at contrary conclusions. … This conclusion is bolstered by the fact that the policy specifically excludes "cases of willful misconduct or fraud established on the part of the Subscriber itself[.]"

Johnston v. Morehouse Parish Police Jury

424 So. 2d 1053 · Louisiana Court of Appeal · Nov 29, 1982

Johnston has been the proprietor of the establishment only since January 1, 1979. At the time he began his proprietorship there in 1979, Mr. Johnston did not own a license to sell liquor. … In addition to the procedure for calling local option elections by petition of twenty-five percent of the qualified electors residing in any ward or incorporated municipality an election may be ordered to determine whether

Walton T. Tate and Clean Title, LLC v. Debra J. Johnson, Barbara Irwin and Pujol, Pryor, and Irwin, LLC

Louisiana Court of Appeal · Dec 2, 2020

Tate and Clean Title failed to state a cause of action against them for damages because they were entitled to qualified immunity, having acted on complete authority at all times, and La. C. … Since there are no additional facts that can be pleaded or established to provide them with a claim against Ms.

Robbie L. Clark v. John David Parker

Louisiana Court of Appeal · Feb 4, 2009

The trial court erred in ruling on the issue of qualified immunity prior to hearing any evidence on the issue. 2. … Pineville, 01-1470, p. 2 (La.App. 3 Cir. 4/3/02), 815 So.2d 393, 395, writ denied, 02- 1271 (La. 8/30/02) 823 So.2d 950,where we explained that “[a] trial court’s findings of fact are subject to the ‘manifest error’ or ‘clearly

Stafford v. Exxon Mobile Corp.

2016 La.App. 1 Cir. 1067 · Louisiana Court of Appeal · Feb 17, 2017

Hotard operates a business whereby it provides a qualified driver, as well as insurance, for a specific time and function for a fee. … In her deposition testimony, she clearly stated that she did not fall on her first step off of the bus.

Williams v. Parish of St. Bernard

2015 La.App. 1 Cir. 1105 · Louisiana Court of Appeal · Dec 2, 2016

Where there are two permissible views of the evidence, then, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong. Id. … To prevail in a civil rights action under 42 U.S.C. § 1983 , the plaintiff must prove that conduct occurred under color of state law and that conduct deprived plaintiff of a right, privilege, or immunity secured by the U.S

Kristin Deleo v. Lindsey Marie Nicolini

Louisiana Court of Appeal · Aug 21, 2024

to be qualified, to perform the ceremony.” … Thus, a valid marriage may exist, even where the officiant is not qualified, if the parties reasonably believe the officiant to be qualified.

Myers v. Myers

931 So. 2d 1104 · Louisiana Court of Appeal · Apr 26, 2006

Furthermore, the Special Master allegedly ignored the trial court's finding in the reasons accompanying the June 20, 2001 judgment that the testimony established that the parties' combined adjusted gross income exceeds the … Myers] was clearly entitled to the order granting the discovery requests; there was no need for a hearing. La. C.C.P. art. 963. Myers v. Myers, 2003-C-1317 (La.App. 4 Cir. 9/9/03).

Zion v. Stockfieth

616 So. 2d 1373 · Louisiana Court of Appeal · Apr 14, 1993

He will clearly prefer a medical explanation of his problems and will reject psychological interpretations and inquiry. … We did not, however, either see or hear Zion; accordingly, giving credence to the second trial judge's partial finding of credibility, we are compelled to affirm an award equal to Zion's established damages during a two-

Calvin Rabalais and Merion Rabalais v. Lloyd A. Nash, Jr.

Louisiana Court of Appeal · Mar 29, 2006

It explained, “It is an established principle that legislative grants of such rights, powers, privileges, immunities or benefits as against the general public, as distinguished from a right against some other party, should … Clearly, this duty was imposed to protect against the risk of collisions such as the one at issue in this case.

Mallard Bay Drilling, Inc. v. John Neely Kennedy, SEC. of Dept. of Revenue & Taxation

Louisiana Court of Appeal · Mar 31, 2004

A tax exemption is an exceptional privilege which must be expressly and clearly conveyed in plain terms. Showboat Star Partnership v. Slaughter, 00-1227 (La. 4/3/01), 789 So.2d 554; Bill Roberts Inc. v. … Tax exemptions are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally and affirmatively established by the taxpayer. McNamara v.

Buffman Inc. v. Lafayette Insurance Co.

2009 La.App. 4 Cir. 0870 · Louisiana Court of Appeal · Apr 14, 2010

The jury’s assessment of damages to the roof was within the range established by testimony. … [t]o qualify for; to furnish with proper grounds for seeking or claiming.” BLACK’S LAW DICTIONARY 626 (4th ed.1968). Under the provisions of Section 132(A) of LA. REV. STAT.

State v. Hopkins

649 So. 2d 673 · Louisiana Court of Appeal · Nov 2, 1994

The Mims court reasoned that such an argument was "specious at best," as the substance had been clearly identified as marijuana and marijuana in any form is clearly illegal. ( Id. at 540-541 ). … I know—can I qualify this? Q. Sure. A.