Case law

Dodd v. Schell

207 So. 2d 807 · Louisiana Court of Appeal · Mar 4, 1968

The plaintiff’s petition clearly indicates that the agreement to do the plumbing work was a verbal contract for $3,009. … From the time plaintiff’s attorney of record was elevated to the District Court bench, there was no attorney of record qualified to enter a preliminary default.

Johnson v. Turner

District Court, E.D. Louisiana · Aug 15, 2022

from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”40 Qualified immunity balances two important … immunity and maintain that they are entitled to qualified immunity because they did not violate Plaintiff’s First 100 R.

Ducrepont v. Baton Rouge Marine Enterprises, Inc.

666 F. Supp. 882 · District Court, E.D. Louisiana · Aug 14, 1987

Plaintiffs remedy is limited to the workers’ compensation scheme established by the Longshore Act. I. … The 1984 Amendments clearly “provide statutory immunity to shipyards against [a Section 905(b) ] ... negligence action” and establish “workers’ compensation under the Longshore Act the exclusive remedy” in the dual capacity

Bergman v. NICHOLSON MGT. & CONSULTANTS

594 So. 2d 491 · Louisiana Court of Appeal · Jan 30, 1992

She found the language of of the guaranty clearly stated Nicholson's liability up to $475,000. … She concluded that plaintiffs clearly established that "the purchaser and lessee were negligent and also breached the provisions contained in the Act of Sale and Ground Lease."

McLean v. Hunter

495 So. 2d 1298 · Supreme Court of Louisiana · Oct 20, 1986

Lovelace was qualified to testify as to the standard of care expected of general dentists practicing in Baton Rouge, Louisiana. Dr. … A court of appeal should not (as was done here) decide whether a tainted jury verdict was "manifestly erroneous" or not "clearly wrong." [9] The manifestly erroneous or clearly wrong standard of appellate review is the standard

Breaux v. State

314 So. 2d 449 · Louisiana Court of Appeal · Sep 26, 1975

Inasmuch as the issue of governmental immunity is absent herein, the doctrine of respondeat superior is applicable. … The record also clearly establishes the fact that no one, including Breaux's closest inmate friend, Kenneth Peterson, anticipated any difficulty.

Baker v. Harrah's

190 So. 3d 379 · Louisiana Court of Appeal · Mar 9, 2016

The OWC declined;to qualify Roberts-as an expert. … erroneous or clearly wrong.

Simmons v. State

255 So. 3d 701 · Louisiana Court of Appeal · Aug 29, 2018

Further, the Coroner alleges that it is immune from the Simmons' suit. La. … The Coroner's office qualifies as a cemetery authority pursuant to La. R.S. 8:1(8).

Miller v. Lammico

973 So. 2d 693 · Supreme Court of Louisiana · Jan 16, 2008

C.C. art. 2323, makes no exceptions for liability based on medical malpractice; on the contrary, it clearly applies to any claim asserted under any theory of liability, regardless of the basis of liability."). … Specifically, the Act supplies Qualified Health Care Providers two substantial benefits in malpractice actions brought against them. First, under La.

Rhine v. BAYOU PIPE COATING

11 La.App. 3 Cir. 724 · Louisiana Court of Appeal · Nov 2, 2011

And I’m not saying that, if he only establishes probability, he meets the criteria. … And I find that he’s qualified.

Todd v. STATE, THROUGH DEPT. OF SOCIAL SERVICES

699 So. 2d 35 · Supreme Court of Louisiana · Sep 9, 1997

Decisions involving the removal of a child from his home clearly lie within the scope of the duty and authority of social workers. … Proof which establishes only possibility, speculation, or unsupported probability does not suffice to establish a claim. Coon v.

Jackson v. State Farm Mutual Automobile Ins. Co.

235 So. 2d 621 · Louisiana Court of Appeal · Apr 28, 1970

By qualifying or limiting its coverage as hereinabove indicated, Southern Farm has merely protected itself against the eventuality of double recovery by an insured. … That it is qualified or restricted in the manner shown violates neither the letter nor spirit of the controlling legislation.

North Baton Rouge Dev. Co., Inc. v. Collector of Rev.

304 So. 2d 293 · Supreme Court of Louisiana · Dec 2, 1974

North Baton Rouge Development Company had no office in Missouri, did no business there and was not qualified to do business there. … The plaintiff's failure to establish this control prevents it from qualifying for the allocation as provided in this subsection.

Capital City Press v. Metro. Council

696 So. 2d 562 · Supreme Court of Louisiana · Jul 1, 1997

There was no intent on the part of the legislature to qualify, in any way, the right of access. [Cites omitted.] … Moreover, the right is not absolute; it is qualified by the rights of others.... The right of privacy is also limited by society's right to be informed about legitimate subjects of public interest.

Haworth v. L'Hoste

664 So. 2d 1335 · Louisiana Court of Appeal · Nov 30, 1995

His tenth grade education and previous qualification in court as an expert in tree-trimming and in a case involving a tree that extended over a property line do not qualify him as a forester, one who is qualified to measure … This statute, which authorizes treble damages, is punitive and must be strictly construed, so that petitioners must establish by clear evidence a violation of the statute by flagrant disregard of clearly marked ownership

Sanders v. Twenty-Eighth Judicial Dist. Democratic Executive Committee

73 So. 2d 629 · Louisiana Court of Appeal · Jun 24, 1954

The material facts involved, as hereinafter recited, have been so well established as to leave no real basis for dispute. … our opinion, should not be disturbed unless they are clearly unreasonable or arbitrary.

Jordan v. Five Unnamed Police Officers & Agents

528 F. Supp. 507 · District Court, E.D. Louisiana · Dec 10, 1981

The defense of qualified immunity, which is available to local, state and federal law enforcement officers, would protect the individual officers from liability for damages if they acted with a good faith belief based upon … Although the good faith qualified immunity defense of its officers is not available to a municipality in a § 1983 action, Owen v.

State v. Taylor

45 La. Ann. 605 · Supreme Court of Louisiana · Apr 15, 1893

The principle is clearly laid down by the text writers on the subject, in a number of authoritative decisions, that the defendants can not claim separate trials as a matter of right, although they sever in their pleas, but … The court states, as part of the bill of exceptions, that it was not the truth of the statement that was sought to be established, but the fact that the statement was made.

Young v. JINDAL

2010 La.App. 3 Cir. 283 · Louisiana Court of Appeal · Mar 9, 2010

[A] court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong,” and where there is a conflict in the testimony, reasonable evaluations … Young points to testimony from expert surveyor Stephen Gremillion and City Clerk Mary Pringle establishing that the addresses of these individuals lie outside the boundaries of the Village of Forest Hill.

Brooks v. Reimonenq

2010 La.App. 4 Cir. 0296 · Louisiana Court of Appeal · Jul 21, 2010

Defendants assert that a proper foundation was never laid in order to qualify the U.S. … Keys qualified as a proper witness under the business records exception and that her testimony was adequate to establish a foundation for the introduction of the evidence.