Case law

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.

Gordon v. City of New Orleans

430 So. 2d 234 · Louisiana Court of Appeal · Apr 4, 1983

The record in this case clearly establishes that the appellant was contributorily negligent. … (Emphasis added) This statement clearly establishes the appellant's subjective knowledge of the defect in the sidewalk. It also shows that he voluntarily encountered the risk which that defect presented.

Opinion Number

Louisiana Attorney General Reports · Apr 1, 2008

As noted by the Court in Meyers , "[s]ince the object of plaintiff's suit is to secure an exemption from taxation, the exemption must be clearly established." Id. … It is our opinion that there is no evidence that such an exemption is established, clearly or ambiguously, in the Louisiana Constitution.

Moore v. Safeway, Inc.

700 So. 2d 831 · Louisiana Court of Appeal · Nov 22, 1996

Accordingly, we find the jury's determination was not manifestly erroneous or clearly wrong. B. … The allocation of fifteen percent of the fault to Safway is not clearly wrong. D.

Fouchaux v. Board of Com'rs

219 La. 354 · Supreme Court of Louisiana · Jan 9, 1951

State, 205 La. 1052 , 18 So.2d 613 * * * discloses that, contrary to being “clearly distinguishable from the matter at hand”, they are strikingly similar, because, while it is true that “in none of them, was there any attempt … No one contests these rudimentary principles but, in applying them here, the majority completely ignore the equally well-established rule that statutes, or provisions of constitutions for that matter see State v.

Adams v. Chevron USA, Inc.

589 So. 2d 1219 · Louisiana Court of Appeal · Nov 14, 1991

These witnesses established that, aside from being given a manual to read, Adams had received no training in the proper way to ride in a personnel basket. … By reference to the four inquiries established in the Christophersen case, we find that Captain Torrence was qualified to testify on the issues excluded at trial.

Ferman v. United States

790 F. Supp. 656 · District Court, E.D. Louisiana · Apr 20, 1992

In the court’s view, plaintiff simply fails to establish that, under the relevant jurisprudence, a constitutional violation has occurred. 1. … The United States Constitution and jurisprudence interpreting it clearly permit Congress to legislate rationally in establishing a tax revenue base.

Ho v. State Farm Mut. Auto Ins. Co.

862 So. 2d 1278 · Louisiana Court of Appeal · Dec 31, 2003

LAW AND ANALYSIS The standard of review for findings of the trial court has been clearly established in this circuit. … Furthermore, Louisiana law requires plaintiff to prove its claim to the satisfaction of the court, and places the burden on the plaintiff to establish every fact essential to recovery and to establish that the claim falls

McGee v. Police Jury of Caddo Parish

63 So. 2d 153 · Louisiana Court of Appeal · Jan 17, 1953

For this reason it was provided . that separate ballot boxes should be had for the ballots of electors residing in the municipality or separate precincts established in the municipality, and in either case separate polls … The question has been clearly raised here and we prefer to adhere to the views expressed. In view of our holding we do not find it necessary to pass upon the other issues raised in this case.

DuBois v. McGuire

579 So. 2d 1025 · Louisiana Court of Appeal · Mar 14, 1991

On appeal, the PPG contends that it is immune from liability pursuant to the provisions of La.R.S. 9:2798.1, and that notwithstanding the immunity statute, it was not negligent in the enforcement of the ordinance, and therefore … Further, we find that the trial judge was clearly wrong in concluding that the parish failed to adequately enforce its ordinance, thereby causing injuries to this child.

Meadows v. Odom

360 F. Supp. 2d 811 · District Court, M.D. Louisiana · Mar 3, 2005

The evidence in this case clearly shows Louisiana has rational and legitimate reasons to require those who wish to engage in the floral industry, to pass a test. … , a state’s intent to *825 enhance the floral industry through the challenged legislation is a legitimate government interest which is rationally related to a floral examination requiring licensed florists be qualified in

Jordan v. 26th Senatorial District Democratic Executive Committee

202 So. 2d 681 · Louisiana Court of Appeal · Sep 12, 1967

The committee’s answer avers plaintiff failed to qualify because his notice of candidacy was not filed within the required time. *683 ON THE EXCEPTIONS Quite clearly the 24th Judicial District Court did have jurisdiction … The committee has no established office ; it has no office at all and, as testified by its secretary, can meet at any place. In actual fact its first meeting was held in Baton Rouge. Under LSA-C.C.P.

Petroleum Rental Tools, Inc. v. Hal Oil & Gas Co.

701 So. 2d 213 · Louisiana Court of Appeal · Aug 22, 1997

(iii) A person who may be immune from suit because of immunity granted by statute. … Therefore, we conclude that Tadlock's liability for the redhibitory defect qualifies as "fault" under *218 Article 2323 A.

Rapides General Hospital v. Matthews

435 F. Supp. 384 · District Court, W.D. Louisiana · Aug 29, 1977

unlawful and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power privilege, or immunity … Income from funded depreciation or provider’s qualified pension fund is not used to reduce interest expense. (3) Proper.

La Workers'comp. Corp. v. Genie Indus.

801 So. 2d 1161 · Louisiana Court of Appeal · Nov 7, 2001

The first factor—selection and engagement, is clearly satisfied in this case. Pace hired Mr. Gibbs, which is why he was at the party venue hanging electrical cables when he was injured. … remedies, and claims for damages, including but not limited to punitive or exemplary damages, unless such rights, remedies, and damages are created by a statute, whether now existing or created in the future, expressly establishing

Rivera-Santos v. Rivera-Santos

862 So. 2d 480 · Louisiana Court of Appeal · Dec 10, 2003

Rivera-Santos clearly established the first prong of the three-part test of Hare, i.e., that he had a "fairly substantial increase" in his post-community earnings. … These documents, together with his testimony, established that Mr.

Futch v. Midland Enterprises, Inc.

344 F. Supp. 324 · District Court, M.D. Louisiana · Jun 22, 1972

Ann Futch, who is the duly qualified personal representative of the deceased, and (3) the said Mrs. … Clearly the plaintiff, who admittedly is neither the personal representative nor the legal representative of the decedent here, has no standing to sue under any of these three statutes.

Badalamenti v. Louisiana Department of Wildlife and Fisheries

District Court, E.D. Louisiana · Feb 11, 2020

The Eleventh Amendment prohibits an individual from suing a state or a state agency in federal court “unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity.” … Qualified Disability First, Defendants argue that Plaintiff has not alleged facts to support a finding that he is a qualified individual with a disability under Title II.

Billiot v. BP Oil Co.

645 So. 2d 604 · Supreme Court of Louisiana · Dec 16, 1994

plaintiff's injuries were caused by the defendant's wanton or reckless disregard for public safety in the storage, handling, or transportation of hazardous or toxic substances. * * * Unless the meaning of Article 2315.3 is qualified … Article 2315.3 clearly excludes the vast majority of vehicular accidents from its ambit.

Bryant v. Tidy Building Services

95 La.App. 4 Cir. 2724 · Louisiana Court of Appeal · Jul 3, 1996

Lipsey stated that his opinion that high doses of butoxyethanol can cause destruction of red blood cells, kidney damage, and damage to the immune system was based on “scientific literature.” … George stated, he was unable to find any connection between butoxyethanol and immune Rdamage. Dr. George cited some of the scientific articles he relied upon in forming his opinion. Dr.