Case law

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.

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.

Planters Trust & Savings Bank v. Sentry Drill Collar Inspection

503 So. 2d 1163 · Louisiana Court of Appeal · Mar 4, 1987

Thus, the Langleys clearly did not comport with the dictates of section 1823(e) and its predecessor, D’Oench. … Under the above rules, we conclude the FDIC clearly proved, by the affidavits of the liquidators, the amount due. The affidavit of Mr.

Ledet v. Fireman's Fund Insurance Co.

199 So. 2d 7 · Louisiana Court of Appeal · May 1, 1967

The expert for the plaintiff, although better qualified than the defense expert, admits that his calculations could be incorrect one way or another as much as 4%. *12 “Mr. … “This principle is again clearly stated in the case of Marler v.

Solomon v. United Parcel Service, Inc.

539 So. 2d 715 · Louisiana Court of Appeal · Feb 8, 1989

s Motion for Summary Judgment clearly establishes the fact that U.P.S. maintains janitorial employees at facilities, while concurrently contracting with outside janitorial companies to do such work at its other Louisiana … The trade-off provided when a party is deemed a statutory employer of a person, and thus liable for worker's compensation, is that such party is granted immunity for alleged tortious conduct.

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.

Louisiana Motor Vehicle Com'n v. WHEELING FRENCH.

235 La. 332 · Supreme Court of Louisiana · May 26, 1958

After a trial on the issues thus formed, by the pleadings, the district judge found, that the evidence overwhelmingly established that Bistes was advertising new and unused automobiles for sale in violation of the terms of … advertising a new and unused car as such, *351 when offering it for sale, contravenes due process and denies equal protection 2 R.S. 23:1259 was added to the law in 1956 (See Act 586 of 1956) by the Legislature to spell out clearly

Kim Doucet, Et Ux. v. Keith Alleman

Louisiana Court of Appeal · Oct 7, 2015

Qualified Immunity Furthermore, even if we found that Kibodeaux had breached her duty to the motoring public, she would be exempt from liability due to qualified immunity according to the plain meaning of La.R.S. … Moreover, she is entitled to qualified immunity under La.R.S. 9:2798.1.

Johnfroe v. Children's Hosp.

537 So. 2d 383 · Louisiana Court of Appeal · Dec 29, 1988

Plaintiffs charge all defendants with malice, recklessness, indifference, publication of this vicious, clearly unfounded *385 charge of criminal behavior on the part of plaintiffs which is defamatory per se." … Mary and John Doe and XYZ Insurance Company were apparently never served with citation. [2] We need not discuss any possible immunity from civil liability provided by La.R.S. 14:403 since we have resolved the appeal on these

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.

State of Louisiana v. Undrio L. Cheffin

Louisiana Court of Appeal · Nov 19, 2025

Despite Cheffin’s claims that the State failed to prove a second qualifying act satisfying the circumstances wherein human life is 7 endangered, the record clearly establishes that … Given the testimony and dashcam footage, the record clearly supports that Cheffin left the roadway, exceeded the speed limit by at least 25 mph, traveled against the flow of traffic, and failed to obey a stop sign.

Thompson v. Capital Steel Co.

613 So. 2d 178 · Louisiana Court of Appeal · Nov 25, 1992

James Callies, the scientific director at NISAT, was also qualified as an expert in drug testing procedures. … to a written and promulgated rule or policy established by the employer.

Barnes v. Vanoy

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

Qualified Immunity In response to the plaintiff’s allegations, Defendants assert that they are entitled to qualified immunity in connection with Plaintiff’s claims. … Undertaking the qualified immunity analysis, the Court finds that Defendants’ motion should be granted, in part and denied in part.

Opinion Number

Louisiana Attorney General Reports · Feb 9, 2009

The election shall be held according to the timetable and procedures established by state law for the filling of vacancies in elected local offices. 3. … govern the filling of the vacancies, except that the provisions of La.R.S. 18:402 shall apply to the time and manner of calling the special elections to fill the vacancies." 4 In view of the fact that the City Council has clearly

Carlin v. Wallace

809 So. 2d 1017 · Louisiana Court of Appeal · Sep 28, 2001

rendering of a judgment that contradicted its previously issued reasons for judgment; (4) the court's premise of its judgment on "vague, ambiguous, confusing, contradictory" language in the stipulation, and the failure to clearly … In the instant case, the October 25 judgment clearly exceeds the parameters described in La. C.C.P. art. 1951.

New Orleans Electrical Pension Fund v. Newman

784 F. Supp. 1233 · District Court, E.D. Louisiana · Jan 31, 1992

Newman qualifies as the surviving “Qualified Spouse” of Frank F. Newman, Sr. as that term is defined under § 5.03(b) of the Plan. … Bakery and Confectionery Union and Industry International Pension Fund, 791 F.2d 548 (7th Cir.1986) is clearly distinguishable.

State v. Sharlhorne

554 So. 2d 1317 · Louisiana Court of Appeal · Dec 19, 1989

The record reflects that, at the time each of the alleged offenses occurred, Kimball and Williams each had business establish- *1319 merits in Houma on Prospect Street in Ter-rebonne Parish. … Having proved all the elements of the greater offense of extortion, the evidence was clearly sufficient to prove defendant’s guilt of the lesser and included offense of attempted extortion.

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.

Hodges v. Southern Farm Bureau Cas. Ins. Co.

433 So. 2d 125 · Supreme Court of Louisiana · May 23, 1983

This immunity, however, is qualified. … The two sets of undisclosed documents are important to Hodges in establishing his claim, for they represent a record of those actions taken by the insurer in connection with the Nichols suit.