Case law

State v. Hingle

242 La. 844 · Supreme Court of Louisiana · Mar 26, 1962

However, I cannot subscribe to the finding in the majority opinion that “the evidence clearly discloses the consent and approval of the trial judge * * * [to the plea bargain agreement] was secured * * The motion to quash … Nowhere in the record is it established that the trial judge concurred in the agreement or made any commitment in reference to it.

Laborde v. Pecot

942 So. 2d 699 · Louisiana Court of Appeal · Nov 2, 2006

While we recognize that these articles, which substantially impede the ability of an injured party to obtain full recovery of his damages, are in derogation of established rights and are to be strictly construed, Touchard … Neither did Dumas involve the question of an actor who is beyond the jurisdiction of the court due to sovereign immunity.

Reeves v. F. Miller & Sons, Inc.

7 La.App. 3 Cir. 201 · Louisiana Court of Appeal · Oct 3, 2007

Plaintiff has appealed the verdict, contending the jury’s finding that he was not a Jones Act seaman was clearly contrary to the law and evidence. … If that were not the case, Chaudris in fact would have established a voyage test.

Garcia v. LOUISIANA DOTD

2000 La.App. 4 Cir. 0930 · Louisiana Court of Appeal · May 16, 2001

that the finding is clearly wrong (manifestly erroneous). … The United States Supreme Court established a standard for the admission of expert testimony in Daubert v.

Tennessee Gas Pipeline Co. v. Continental Casualty Co.

814 F. Supp. 1302 · District Court, M.D. Louisiana · Jan 27, 1993

The Court finds that ICAROM has established sufficient cause to enlarge the time for removal of this suit to federal court within the meaning of § 1441(d). … Weltover, Inc., 24 Justice Scalia, writing for the Court noted: The Foreign Sovereign Immunities Act of 1976, 28 U.S.C. § 1602 et seq.

Horton v. Curry

44 So. 3d 830 · Louisiana Court of Appeal · Jul 22, 2010

The Trial Court erred by failing to consider the evidence in the record, which clearly showed that Defendant/Appellant received the benefit of Article 893 at the time of his plea. 2. … However, after a careful examination of the district court’s 2009 judgment, we conclude that the relief *836 Curry obtained from the ^district court does not establish that the court has “set aside [Curry’s] conviction and

Wise v. Lentini

374 So. 2d 1286 · Louisiana Court of Appeal · Sep 14, 1979

The objection was based on defendant’s failure to meet the residency requirements established by Section 2.05 of the Charter of the City of Kenner as follows: “A Councilman shall be a qualified elector of the City, and shall … It is readily apparent that the court was especially concerned with the fact that the Texas system was a boon to the wealthy and clearly discriminated against the poor and not-so-well-to-do.

Shreveport Traction Co. v. City of Shreveport

122 La. 1 · Supreme Court of Louisiana · Jun 22, 1908

The contract was complete; it was an absolute contract; the stipulations were clearly stated and nothing is wanting to prevent it being considered as a complete andl binding contract. … It rests upon the idea of a special immunity granted. Of course, if special immunity had been granted in the case before us^ for decision, the article would bear application. Here a transfer was made of a franchise.

Culbert v. Cleco Corp.

926 F. Supp. 2d 886 · District Court, W.D. Louisiana · Feb 19, 2013

A showing that Culbert was “clearly better qualified” than those that were selected for the position will be sufficient to show pretext. See Moss v. BMC Software, Inc., 610 F.3d 917, 922 (5th Cir.2010). … Culbert has not presented any tenable evidence that he was clearly better qualified than those who were selected but only states that a jury could conclude that he was clearly better qualified for the Equipment Operator and

Holahan v. Phillips

145 So. 2d 35 · Louisiana Court of Appeal · Oct 1, 1962

Applying the above quoted law to the instant case, we think it is apparent that plaintiff has not alleged sufficient facts to clearly, fairly or substantially state a cause of action under LSA-R.S. 9:4812. … The jurisprudence of this state is well established to the effect that where a petition fails to state a cause of action, due to insufficient allegations, an opportunity to allege those facts should be afforded in the interest

State v. Carter

248 La. 730 · Supreme Court of Louisiana · Jan 17, 1966

Bill of Exceptions No. 28 was reserved when the trial judge qualified the State’s witness Milton Cox as an expert “to test for the presence of blood and blood typing.” … In still another photograph of Carter taken from the left side, a large bump in the region of his lower left jaw is clearly discernible..

United States v. 597.75 Acres of Land

241 F. Supp. 796 · District Court, W.D. Louisiana · May 20, 1965

The fact that the United States has invoked the jurisdiction of the courts does not waive its immunity from suit. … The rule is firmly established that “the United States, as sovereign, is immune from suit save as it consents to be sued, * * * and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain

Courville v. Louisiana Department of Public Safety and Corrections

District Court, M.D. Louisiana · Mar 12, 2025

and (2) that the right was ‘clearly established’ at the time of the challenged conduct.”174 The Court finds that Sergeant Johnson did not raise the defense of qualified immunity in his … Qualified Immunity and Discretionary Immunity Major Cupil argues he is entitled to qualified immunity on any § 1983 claims asserted against him.180 However, no § 1983 claims were asserted against Major Cupil

Brandi Billeaudeau, Veronica Billeaudeau, and Joseph Billeaudeau v. Opelousas General Hospital Authority, Dr. Kondilo Skirlis-Zavala, and the Shumacher Group of Louisiana, Inc.

218 So. 3d 513 · Supreme Court of Louisiana · Oct 19, 2016

before a hospital extends them ED privileges, medical expertise will be necessary to establish whether Dr. … Za-vala was in fact properly qualified for the job. Plaintiffs, on the other hand, argue expert medical evidence is clearly not required to explain to |17laypersons that OGH negligently credentialed Dr.

Johnson v. Orleans Parish School Board

2014 La.App. 4 Cir. 0277 · Louisiana Court of Appeal · Apr 26, 2017

that the finding is not clearly wrong (manifestly erroneous).” … established. .. .

Newman Marchive Partnership, Inc. v. City of Shreveport

979 So. 2d 1262 · Supreme Court of Louisiana · Apr 8, 2008

Article II, section 1 of the Louisiana Constitution establishes three distinct branches of government: legislative, executive, and judicial. … Here the constitution has clearly committed to the legislative branch the question of how judgments against the state are to be enforced; therefore, courts are restrained from exploring the appropriateness of the legislature's

Spell v. Edwards

District Court, M.D. Louisiana · Jan 12, 2022

Plaintiffs’ claims to damages are defeated by the qualified immunity doctrine Qualified immunity shields a government official from liability for civil damages … ,” and (2) “whether the right was ‘clearly established.’”

Bradley v. Theus

668 So. 2d 1304 · Louisiana Court of Appeal · Feb 20, 1996

In order to be qualified as a candidate for the office of mayor, Mr. … While one may select a domicile or residence for political purposes, we express grave doubt as to whether one may establish such a legitimate situs for purposes of voting in an election, but simultaneously establish a different

Johnson v. Louisiana Department Of Public Safety and Corrections

District Court, M.D. Louisiana · Oct 11, 2024

Qualified Immunity The defendants assert that they are entitled to qualified immunity in connection with the plaintiff’s claims. … Second, the district court looks to whether the rights allegedly violated were clearly established. Id.

Bell v. City of Lake Charles

District Court, W.D. Louisiana · Feb 20, 2020

Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … To overcome qualified immunity, the plaintiff “must plead specific facts that both allow the court to draw the reasonable inference that the defendant is liable for the harm he has alleged and that defeat a qualified immunity