Case law

Parish of East Baton Rouge v. Bozeman

260 So. 2d 111 · Louisiana Court of Appeal · Mar 13, 1972

Very clearly the property has sustained damages as a result of the taking. … This specification of error is likewise without merit, as the trial judge’s Written Reasons for Judgment clearly indicate that Mr.

Robert v. De St. Romes

2 La. Ann. 135 · Supreme Court of Louisiana · Jan 15, 1847

It is clearly established by the testimoDy that the slave sold to the plaintiff has the asthma, and that the disease existed anterior to the sale; that this disease is aggravated by the labours of the kitchen; and that its … This was not a clear announcement of the disease with which the slave was affected, and which rendered her incompetent to the satisfactory performance of such household duties as she was expressly represented to be qualified

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 .

Hebert v. LIC. PROFESS. VOC. REHAB. COUNS.

974 So. 2d 824 · Louisiana Court of Appeal · Jan 23, 2008

Arceneaux urges, however, he is immune from suit and is entitled to rely on La.Code Civ.P. art. 971 in seeking to strike Mr. Hebert's petition. First, we find Mr. … Hebert of his free speech right to express his opinion regarding a matter he is uniquely qualified to speak upon. We acknowledge the Board has an interest in promoting camaraderie among professional counselors.

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

Chapman v. Ebeling

945 So. 2d 222 · Louisiana Court of Appeal · Dec 13, 2006

Where an employer has a clearly established policy that vacation time is not considered wages actually earned by an employee, the employee is not entitled to reimbursement for unused, accrued vacation time upon discharge … The existence or nonexistence of a contract is a question of fact not to be disturbed unless clearly wrong. Id. The evidence revealed no written policy concerning employees' vacation pay. Nevertheless, Dr.

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.

Tyler v. Tyler

16 La.App. 3 Cir. 60 · Louisiana Court of Appeal · Sep 28, 2016

In the alternative, the trial court’s ruling was manifestly erroneous and clearly wrong. 3. The trial court erred in qualifying Mr. … Further, Jerry must establish that he lacks sufficient income or the ability to earn a sufficient income. See Derouen, 893 So.2d 981 .

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.

Thibodeaux v. Thibodeaux

454 So. 2d 813 · Supreme Court of Louisiana · Jun 25, 1984

Maritime employers are liable for and must ensure that payments as compensation for disability are made to the employee periodically, promptly and directly, [3] and employers that are not qualified self-insurers must secure … In particular, a state divorce decree, like other law governing the economic aspects of domestic relations, must give way to clearly conflicting federal enactments. Ridgway 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.

Peters v. Cooper

90 So. 2d 892 · Louisiana Court of Appeal · Nov 26, 1956

Under this established jurisprudence the Legislature of Louisiana *896 enacted the statute here under consideration, and this jurisprudence clearly defines the word ‘located’- as used in the statute as referring to situs … construed, in favor of, the state and taxation and against the taxpayer and exemption, and in, following ,this, rule of strict construction all doubts will, be resolved .against .the claimed exemption, , Such a .privilege or immunity

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.

Cooper v. Bouchard Transportation

140 So. 3d 1 · Louisiana Court of Appeal · Mar 27, 2013

the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong.” … Allstate, 11 the Third Circuit allowed a qualified life care specialist to establish future medical expenses for the plaintiff.

Tidmore v. Goudchaux's, Inc.

444 So. 2d 160 · Louisiana Court of Appeal · Dec 22, 1983

The trial judge, after hearing considerable qualifying testimony, found that while Mr. … Cook was eminently qualified in the field of security on governmental matters, he had no expertise insofar as security in the private sector.

Fontenot v. Andrus Homes, Inc.

391 So. 2d 42 · Louisiana Court of Appeal · Nov 12, 1980

As a result, An-drus was held to be immune from tort liability under the provisions of LSA-R.S. 23:1032. Fontenot and Hanover appeal. We affirm. … Such work by Fontenot was clearly a “part of the regular business” of the principal, Andrus.

Benefield v. Sibley

988 So. 2d 279 · Louisiana Court of Appeal · Jul 9, 2008

WKMC was a qualified health care provider. Therefore, Ms. … that the factfinder is clearly wrong or manifestly erroneous.

Bridges v. Brunt Construction, Inc.

898 So. 2d 402 · Louisiana Court of Appeal · Dec 30, 2004

In a claim for benefits pursuant to LSA-R.S. 23:1221(4)(s), it must be established by clear and convincing evidence that the employee suffers from a qualifying injury as defined in Subparagraph (s)(iii) and that such injury … Because LSA-R.S. 23:1221(4)(s) does not clearly state how long a claimant must survive a disabling qualifying injury in order to be entitled to the permanent partial disability lump-sum benefit, there is an inherent ambiguity

Nolan v. S & W Steel Fabricators, Inc.

600 So. 2d 929 · Louisiana Court of Appeal · May 29, 1992

Alternatively, they argue that, under LSA-R.S. 9:2771, they are immune from liability. … In the case of S & W, this argument is clearly without merit.

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.