Case law

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.

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.

Mayes v. Office Depot, Inc.

292 F. Supp. 2d 878 · District Court, W.D. Louisiana · Sep 19, 2003

A plaintiff can establish pretext and survive summary judgment by providing evidence that she was “clearly better qualified” than the employee selected for the position at issue. Celestine, 266 F.3d at 357 . … Even if Mayes had more work experience or longer tenure with the company, that alone would not establish that she is clearly better qualified. Price, 283 F.3d at 723 (5th Cir.2002)(citing Nichols v.

Lavalais v. STATE, EX REL. DOTD

26 So. 3d 895 · Louisiana Court of Appeal · Dec 9, 2009

[t]he appellate court must further determine that the record establishes that the finding is not clearly wrong (manifestly erroneous). Mart v. Hill, 505 So.2d 1120, 1127 (La. 1987) (quoting Arceneaux v. … Therefore, we find that the trial court's decision in this case was manifestly erroneous and clearly wrong.

Simmons v. Luba Workers' Comp.

16 La.App. 3 Cir. 523 · Louisiana Court of Appeal · Nov 2, 2016

Unless the WCJ’s findings of fact are found to be manifestly erroneous or clearly wrong, those findings will not be set aside. Id. … The evidence established that SCI had $63,116 in taxable earnings and retained $75,950 cash in its bank account at year’s end in 2014.

Hernandez v. Schwegmann Giant Supermarkets

464 So. 2d 902 · Louisiana Court of Appeal · Feb 12, 1985

Clearly the jury accepted the testimony of Ms. Hernandez and rejected that of the defendants. Ms. … Under these circumstances we cannot say that the jury was clearly wrong in awarding damages in the amount of $23,000.

Cormier v. Aetna Ins. Co.

368 So. 2d 461 · Louisiana Court of Appeal · Feb 5, 1979

In this case the plaintiff has failed to establish the latter requirement. … Clearly, the testimony in this case indicates that the accident did not affect the plaintiff's disability.

Winn v. Department of Police

2013 La.App. 4 Cir. 0199 · Louisiana Court of Appeal · Feb 21, 2014

Hessler advised his client to remain silent unless compelled to give an administrative statement or until immunity could be obtained. … Furthermore, the appointing authority failed to establish that its termination of the appellant was based on good cause or that the punishment was commensurate with the alleged infraction.

LeBlanc v. LeBlanc

405 So. 2d 1187 · Louisiana Court of Appeal · Oct 12, 1981

The wife testified she holds a college degree in early childhood education qualifying her to teach and to take care of nursery centers. … Accordingly, at any time the wife is free to again litigate and establish need consistent with the views herein expressed.

Brown v. Bihm

District Court, W.D. Louisiana · Jun 28, 2023

ANALYSIS The Fifth Circuit has established that the court must determine a defendant’s entitlement to qualified immunity “at the earliest possible stage of the litigation.” … Qualified immunity is one such preliminary question because it is an immunity from suit.

Steinfelds v. Villarubia

2010 La.App. 4 Cir. 0975 · Louisiana Court of Appeal · Dec 15, 2010

“An alleged employer can rebut this presumption by either (i) establishing that the services were ‘not pursuant to any trade, business, or occupation (e.g., construction of one’s private residence)’; or (ii) establishing … R.S. 23:1021(7), which would allow plaintiff to qualify for workers’ compensation. La.

Landry v. Specialty Diving of Louisiana, Inc.

299 F. Supp. 2d 629 · District Court, E.D. Louisiana · Sep 26, 2003

Plaintiff, therefore, clearly falls short of the thirty percent required by Chandris for seaman status. … Plaintiffs attempts to use Little and Wisner to support his claim that he qualifies for seaman status is questionable.

Girgis v. Macaluso Realty Co.

2000 La.App. 4 Cir. 0753 · Louisiana Court of Appeal · Jan 31, 2001

Girgis was |nnot qualified under the provisions of La. … Moreover, because the record clearly reveals that Dr.

Williams v. Jackson Parish Hospital

798 So. 2d 921 · Supreme Court of Louisiana · Oct 16, 2001

First, Boutte ignored well established principles of interpreting prescriptive statutes. … In recognition of that well established principle, LA. CIV.

Christy L. Moore v. Rice-Land Lumber Co.

Louisiana Court of Appeal · Nov 5, 2014

Christy does not deny that Defendants would qualify for immunity under the recreational use statutes. … We also find in this case that the evidence clearly establishes that neither Rice-Land nor H&H used this land principally as a commercial, recreational enterprise for profit.

Judice v. Village of Scott

168 La. 111 · Supreme Court of Louisiana · Feb 25, 1929

It is established jurisprudence in this state that: “No deed or act of conveyance is necessary to dedicate land or rights in immovable property to the public. … The Fourteenth Amendment did not add the right of suffrage to the privileges and immunities of citizenship, nor is it a right of property or of person. United States v. Cruikshank, 92 U. S. 542 , 23 L.

Opinion Number

Louisiana Attorney General Reports · May 9, 2002

except on a court order as provided above or with the written consent of the chief officer of the agency or department where he is employed or in which he holds office, and to this end said officer or employee shall be immune … In those municipalities governed by the provisions of this Part, R.S. 33:321 et seq., which have a chief of police elected by the qualified voters thereof, he shall make recommendations to the mayor and the board of aldermen

Arthur Leonard Sealy, III v. Jason Trevor Brown

Louisiana Court of Appeal · Feb 4, 2020

In the event that the qualifications for an office include a residency or domicile requirement, a candidate shall meet the established length of residency or domicile as of the date of qualifying, notwithstanding … Judge Smith clearly indicated that Sealy would be required to state his name and address again.

Guidry v. Glazer's Distributors of Louisiana, Inc.

10 La.App. 3 Cir. 218 · Louisiana Court of Appeal · Nov 3, 2010

Her actions are clearly distinguishable from the comparators she offers. Accordingly, we conclude that Guidry failed to establish a prima facie case under the McDonnell Douglas framework. … This was clearly insubordinate behavior and a violation of company policy.

Dykes v. Peabody Shoreline Geophysical

482 So. 2d 662 · Louisiana Court of Appeal · Nov 19, 1985

This card on its face clearly confirmed that Joe Faulk was Peabody's agent. … Battles because they were never qualified or accepted by the court as experts. Defendants cite Hebert v. Diamond M.