Case law

Magee v. Reed

District Court, E.D. Louisiana · Mar 4, 2020

Reed’s reply further asserts that Magee was not involved in his federal prosecution and that he is entitled to absolute and qualified immunity. Id. … Implicit in the Fifth Circuit’s considerations were the issues of absolute and qualified immunity.

Kerr v. Smith Petroleum

896 F. Supp. 608 · District Court, E.D. Louisiana · Aug 21, 1995

Since the filing of these cross-motions, the Court has ruled that all defendants were entitled to summary judgment on plaintiffs' claims because the defendants were entitled to tort immunity as plaintiff Jerry Kerr's statutory … The Court finds that the language of § 13.4.6 of Appendix E of the agreement quoted above clearly shows that the "additional insured" requirement is separate and apart from any indemnity agreement.

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.

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.

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.

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.

In Re: Medical Review Proceedings Cheryl D. Armenio

Louisiana Court of Appeal · Nov 19, 2025

Thereafter, the PCF notified Armenio that Hurst was a qualified health care provider. … • On June 16, 2020, Armenio had a follow-up visit with Hurst regarding hypertension, lab work and Tdap immunization.

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.

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.

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.

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.

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.

United States v. Manning

215 F. Supp. 272 · District Court, W.D. Louisiana · Feb 23, 1963

Section 1971(e) clearly states that the only voters who can be registered are those who, after a hearing, are found to be “qualified under State law to vote”. … so qualified,” is clearly administrative.

Oliver v. Lake

3 La. Ann. 78 · Supreme Court of Louisiana · Jan 15, 1848

So a consignee who has made advances is deemed,a qualified owner of the property consigned; but there is also a qualified ownership in the ¡consignor, and its destruction is his loss. … He is clearly entitled to that relief, although he proves no actual acceptance before the attachment-was levied.

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.

Apande v. Kudla

560 So. 2d 668 · Louisiana Court of Appeal · Apr 18, 1990

All malpractice claims against health care providers covered by this Part, other than claims validly agreed for submission to a lawfully binding arbitration procedure, shall be reviewed by a medical review panel established … Therefore, we find that the trial court was clearly wrong in sustaining defendants’ exception of peremption and/or prescription. For these reasons, the judgment of the trial court is reversed.

City of New Orleans v. Great Southern Telephone & Telegraph Co.

40 La. Ann. 41 · Supreme Court of Louisiana · Jan 15, 1888

The plant established by defendant is expensive and valuable. The defendant pays a tax upon this plan.t as property, and also pays a license tax levied on its business. … The ordinance qualifies it as a pi ice or consideration for the privileges enjoyed.

Eppling v. Eppling

537 So. 2d 814 · Louisiana Court of Appeal · Jan 18, 1989

It is clearly established that throughout Mr. Eppling's earlier affair with Annette Roberts, Mrs. Eppling knew in her own mind (albeit without legal sufficient proof) that such an affair was occurring. Mrs. … The facts further establish that shortly after the separation, Mr.

Opinion Number

Louisiana Attorney General Reports · Nov 10, 2005

Your request asked whether licensed practical nurses qualify as allied health professionals to receive professional scholarships under the provisions of La. … R.S. 46:1131 establishes a scholarship program for nursing students enrolled in an accredited school of nursing.

Burrell v. Schlesinger

459 So. 2d 1195 · Louisiana Court of Appeal · Oct 24, 1984

The statute does not provide "immunity" to contractors. … Trial evidence establishes that the pile driving activity occurred on August 22, 1980. At trial defense counsel objected to plaintiff's counsel's questioning that the damage occurred on August 22nd.