Case law

Stamos v. Standard Acc. Ins. Co.

119 F. Supp. 245 · District Court, W.D. Louisiana · Mar 1, 1954

Rome, therefore, did not establish the rule of Louisiana law here under attack. Edwards did; and, so far as we can determine, it is still the law of this state in eases arising within its boundaries. … We believe defendant’s motion clearly is unmeritorious 8 . It is overruled. 1 . Under LSA-R.S. 22:655, formerly Louisiana Act 55 of 1930. 2 .

Funderburg v. Superior Energy Services, Inc.

10 La.App. 5 Cir. 517 · Louisiana Court of Appeal · Dec 29, 2011

Funderburg properly raised this issue in the trial court. 9 Clearly, as noted above, Section 10.2 of the Stock Incentive Plan required Mrs. … The deposition testimony attached to the motions for summary judgment clearly establishes that well before she executed the partition agreement, Mrs.

Rowan v. Town of Arnaudville

832 So. 2d 1185 · Louisiana Court of Appeal · Dec 11, 2002

Article 2031 clearly states that relative nullity may only be invoked by "those persons for whose interest the ground for nullity was established." Given this clear language, Mr. … The acceptance of rent has clearly been established by jurisprudence as a ratification of *1191 a lease contract.

Highlands Ins. Co. v. Missouri Pacific RR Co.

532 So. 2d 317 · Louisiana Court of Appeal · Oct 5, 1988

The degree of Lee's fault is well established in the record, and consists basically of his inattentiveness. … The record clearly establishes MOPAC and DOTD knew or should have known of the visual obstructions, and that passive warning signs failed to properly advise the motoring public of the dangers presented.

Moses v. Mahmoud

District Court, E.D. Louisiana · Sep 25, 2024

Defendants’ qualified immunity defense In the instant motion, Defendants argue that while “Mr. … .”’> In order to defeat qualified immunity, a plaintiff must show (1) that the defendant violated a statutory or constitutional right, and (2) that the right was “clearly established” as the time of the challenged conduct

State v. Chapman

251 La. 1089 · Supreme Court of Louisiana · Mar 25, 1968

The defense called a witness whom it did not qualify as an expert, to whom was propounded the following question: “Q. … Although we agree that they do constitute hearsay evidence, we will pretermit a discussion of *1096 their rejection by the court ex proprio motu as incompetent evidence since we find that they are clearly inadmissible as

Parish of East Baton Rouge v. Thomas Road Development Corp.

306 So. 2d 859 · Louisiana Court of Appeal · Dec 16, 1974

Doiron are qualified to render such an opinion independently. Mr. Lejeune and Mr. … Williams based his opinion upon a conversation held with an unidentified person who was allegedly qualified to render such an opinion. Neither of these witnesses are qualified to independently give such an opinion. Mr.

Elie v. Karst

594 So. 2d 929 · Louisiana Court of Appeal · Jan 31, 1992

Rather, I would adhere to that well-established practice of interpreting laws governing the conduct of elections liberally “so as to promote rather than defeat candidacy.” Dixon v. … Therefore, he clearly had been admitted to practice law for more than five years at the time that he qualified.

Yen v. Avoyelles Parish Police Jury

3 La.App. 3 Cir. 603 · Louisiana Court of Appeal · Nov 5, 2003

The medical malpractice claims of prisoners arising under this Part shall be submitted to correctional administrative review procedures established for administrative hearings in the correctional environment or established … A statute that grants immunities or advantages to a special class in derogation of general rights available to tort victims must be strictly construed against limiting the tort claimants' rights against the wrongdoer.

State v. Williams

386 So. 2d 1342 · Supreme Court of Louisiana · Sep 15, 1980

Moreover, he had previously qualified as an expert in narcotics identification in the district courts of this state. … The verdict was clearly responsive to the charge. Assignment of Error No. 5 is without merit.

Blake v. Maley

57 So. 3d 1122 · Louisiana Court of Appeal · Jan 26, 2011

Blake argued that the physicians who made up the medical review panel were not qualified. … minors and interdicts, unless exception is established by legislation.

Deal v. Haney

2014 La.App. 1 Cir. 1232 · Louisiana Court of Appeal · Nov 25, 2014

“Proof which establishes only possibility, speculation, or unsupported probability does not suffice to establish a claim.” Todd v. … imposition of sanctions on appeal, an appellate court must apply two standards of review which are explained as follows: A trial court’s determination regarding the imposition of sanctions is subject to the manifest error or clearly

State ex rel. L.R.

2010 La.App. 4 Cir. 1212 · Louisiana Court of Appeal · Nov 24, 2010

Lewis stated that when he turned around, he clearly recognized L.R. Mr. Lewis jumped up and ran behind his truck, and L.R. began to pursue him, but then turned and fled. Mr. … The Louisiana Supreme Court has recognized the well-established principle that Sixth Amendment confrontation errors are subject to harmless error analysis. State v.

State v. de Rancé

34 La. 186 · Supreme Court of Louisiana · Mar 15, 1882

a defense on the ground of insanity, it must be clearly proved, etc.” … It is true that several of the courts referred to, qualify their expressions by saying, in effect, that though it must be proved clearly and to the satisfaction of the jury, yet it need not be proved beyond a reasonable doubt

Lopez v. Blue Cross of Louisiana

386 So. 2d 697 · Louisiana Court of Appeal · Jun 25, 1980

The Federal Employees Health Benefits program is established by federal law. … The United States Civil Service Commission is given the authority to implement the program by contracting with qualified health insurance carriers.

Opinion Number

Louisiana Attorney General Reports · Jun 26, 2008

Clearly, the office of constable is an elective office in accordance with the above definition. … Accordingly, you ask if an individual can receive two supplemental payments if the individual is qualified for both payments.

State v. Lasseigne

464 So. 2d 1097 · Louisiana Court of Appeal · Mar 6, 1985

The defendant asserts that the psychological studies and expert testimony he offers establish that a death-qualified jury is more likely to convict than a nondeath-qual-ified jury. … Assuming for the sake of argument that defendant’s evidence does establish the conviction prone nature of death qualified jurors, we cannot agree that this denies the defendant his right to an impartial jury.

Toga Society, Inc. v. Lee

323 F. Supp. 2d 779 · District Court, E.D. Louisiana · Jun 18, 2004

However, officials sued in their personal capacities, unlike those sued in official capacities, may assert personal immunity defenses such as objectively reasonable reliance on existing law or qualified immunity. Id. … Lee is ordered to file a motion as to the issue of qualified immunity on or before July 20, 2003. *796 E.Payment of a Thing Not Due Citing La.

Freeman v. Poulan/Weed Eater

630 So. 2d 733 · Supreme Court of Louisiana · Jan 14, 1994

The primary issues we consider are, first, whether the hearing officer was manifestly erroneous or clearly wrong in finding that the evidence did not establish that plaintiff was able to earn wages equal to her preinjury … not clearly wrong.

Tumminello v. Columbia Lakeside Hospital

8 La.App. 5 Cir. 316 · Louisiana Court of Appeal · Feb 25, 2009

We agree with the trial court and find that LWSC is a qualified health care provider under the Medical Malpractice Act. First, LWSC clearly falls under the definition of a health care provider in La. R.S. 40:1299.41 A. … [[Image here]] E. (1) Financial responsibility of a health care provider under this Section may be established only by filing with the board proof that the health care provider is insured by a policy of malpractice liability