Case law

Bilbe v. Foster

2015 La.App. 4 Cir. 0302 · Louisiana Court of Appeal · Sep 9, 2015

C.C.P. art.1972(1), the granting of a new trial is mandatory if “the verdict or judgment appears clearly contrary to the law and the evidence.” … Bilbe simply states that the trial court’s judgment was clearly contrary to the law and evidence, but fails to offer any authority to support her position.

Wooten

District Court, M.D. Louisiana · Feb 4, 2026

Qualified Immunity Officer Harrell, Officer Bouriaque, and Seargent Smith all assert qualified immunity as to Plaintiff’s federal claims. … (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.”30 Once qualified immunity is raised, “the burden shifts

Nutmeg Insurance v. Atwell, Vogel & Sterling

120 F.R.D. 504 · District Court, W.D. Louisiana · Jan 20, 1988

Ryder, objected to Equifax’s efforts to establish the basis for Nutmeg’s suit against Twin City on the basis of attorney-client privilege. … The Fifth Circuit in In Re International Systems and Controls Corp., etc, 693 F.2d 1235 (5th Cir.1982), addressed the work-product immunity issue and stated: “We know that the work-product immunity protects only the documents

National Information Services v. Gottsegen

737 So. 2d 909 · Louisiana Court of Appeal · Jun 1, 1999

They contend the exhibits are hearsay because NIS failed to produce a qualified person to attest to their authenticity. La. C.E. … The party who seeks to introduce written evidence must in some way, nonetheless, authenticate it by a qualified witness.

Cordova v. Louisiana State University Health Science Center

District Court, W.D. Louisiana · Apr 7, 2020

The doctrine of qualified immunity protects government officials from liability under § 1983 as long as their conduct does not violate “clearly established constitutional or statutory rights of which an objectively reasonable … A plaintiff seeking to defeat qualified immunity must show (1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly established” at the time of the challenged conduct.

Hollander v. Days Inn Motel

98 La.App. 3 Cir. 1361 · Louisiana Court of Appeal · May 19, 1999

Plaintiff asserts that there is no evidence in the record that establishes the Festival’s boundaries or that establishes the attack took place a “considerable distance” from the Festival. … The testimony of Chief Crenshaw of the Lafayette police force clearly | ^establishes the boundaries of the Festival at that time as being “Lee Avenue, up around the Baptist church, across Main to Vermillion up to Cathedral

Carmouche v. Weatherspoon

District Court, M.D. Louisiana · Aug 7, 2024

Qualified Immunity In response to the plaintiff’s allegations, Defendants assert that they are entitled to qualified immunity in connection with some of the Plaintiff’s claims. … Second, the district court looks to whether the rights allegedly violated were clearly established. Id.

Murray v. LeBlanc

District Court, M.D. Louisiana · May 16, 2023

Qualified immunity shields government officials from individual liability for performing discretionary functions unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … a defense of qualified immunity without prejudicing the defendants who have raised the defense of qualified immunity.

Graham v. Hamilton

872 F. Supp. 2d 529 · District Court, W.D. Louisiana · May 23, 2012

Plaintiffs argue that Jackson is qualified to speak as an expert on these issues. … Defendants respond that the questions that preceded Hobbs’ response clearly are not leading.

Johnson v. Augustine

943 So. 2d 466 · Louisiana Court of Appeal · Aug 29, 2006

The circumstances indicating establishment of a domicile include where a person sleeps, takes his meals, has established his household, and surrounds himself with the comforts of domestic life. Charbonnet v. … Once domicile is established, there is a presumption against change of domicile. Herpin, 709 So.2d at 273 .

Lake D'Arbonne Properties, L.L.C. v. Digco Utility Construction, Inc.

949 So. 2d 590 · Louisiana Court of Appeal · Jan 31, 2007

between them cannot be manifestly erroneous or clearly wrong. … Digco’s Liabilitg Digco pled the immunity provided by La. R.S. 9:2771 in its answer.

Spears v. Gautreaux

District Court, M.D. Louisiana · Jun 17, 2020

The Sheriff argues that qualified immunity applies because Plaintiffs cannot establish that the training and or supervision was objectively unreasonable in light of clearly established law when the violation occurred. … Budd are not entitled to qualified immunity because their use of deadly force violated a clearly established constitutional right and was objectively unreasonable under clearly established law. (Id. at 18-19.)

Smith v. Two" R" Drilling Co., Inc.

606 So. 2d 804 · Louisiana Court of Appeal · Aug 20, 1992

The record clearly establishes that plaintiff has been suffering from pseudo-seizures since the incident in question. … While the medical evidence establishes that there is no organic basis for these seizures, the evidence clearly shows that the seizures were caused by the incident. Plaintiff's psychiatrist, Dr.

Hanewinckel v. ST. PAUL'S PROP. & LIABILITY INSURANCE, CO.

611 So. 2d 174 · Louisiana Court of Appeal · Dec 16, 1992

In rejecting the workman's compensation immunity defense, the court noted that the attack clearly did not arise out of plaintiff's employment duties, and that she had not yet reported for work. … Further, the court indicated that expert testimony could establish what might constitute a breach of duty.

Milbert v. Answering Bureau, Inc.

12 La.App. 3 Cir. 632 · Louisiana Court of Appeal · Dec 5, 2012

Under Louisiana law, this filing suspends the running of prescription against “all joint tortfeasors, including but not limited to providers, both qualified and not qualified to the same extent that prescription is suspended … Thus, Dexcomm, if it is established it is a joint tortfeasor, is covered under the Act.

Cormier v. THE Ins. Co.

745 So. 2d 1 · Supreme Court of Louisiana · Sep 8, 1999

STANDARD OF REVIEW Normally, a trial court's findings of fact will not be disturbed unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous. … Discretionary Immunity Generally, "Discretionary Immunity" under La.Rev.Stat. 9:2798.1 applies to specific fact situations which satisfy the rule enunciated in Berkovitz v.

Succession of Hammett

183 So. 2d 416 · Louisiana Court of Appeal · Apr 15, 1966

Dispositions mortis causa can be made only by testament, and for a document to be a testament, it must "clearly establish that it is a disposition of last will." LSA-C.C. art. 1570. … as to qualify them as testamentary dispositions.

State Board of Ethics v. Saunders

15 La.App. 3 Cir. 1171 · Louisiana Court of Appeal · Dec 21, 2015

Saunders was unaware had to be paid in full. 2 There is no conflict in the evidence or testimony, and the evidence clearly shows that Ms. … The June 17, 2015 letter clearly advised that the fine must be paid in full even if a payment plan was in place. .

United States v. 1,000 ACRES OF LAND, ETC.

162 F. Supp. 219 · District Court, E.D. Louisiana · Apr 21, 1958

This Court must accept the Commission’s “findings of fact unless clearly erroneous.” Rule 71A(h), Rule 53(e) (2), Fed. R.Civ.P. … United States, 1933, 290 U.S. 89 , 54 S.Ct. 38 , 78 L.Ed. 192 , or may be deemed a tax, since it is established that property of the United States is immune from any form of state taxation. United States v.

Karen Schindler v. Derek T. Russ and the Honorable Darren Lombard

Louisiana Court of Appeal · Aug 8, 2022

Russ signed a “State of Louisiana - Notice of Candidacy (Qualifying Form)” (hereinafter “Qualifying Form”) for the office of Judge, Municipal and Traffic Court, Division D, in Orleans Parish. … Schindler asserts that “once she established [Mr. Russ’] domicile in Jefferson Parish, Mr. Russ failed to carry his burden that he established domicile in Orleans Parish.” In response, Mr.