Case law

Singleton v. Cannizzaro

District Court, E.D. Louisiana · Jul 2, 2019

this Court does not believe that any issue involving qualified immunity is currently pending before the Fifth Circuit. … Pipes at the earliest opportunity, for all the reasons (including qualified immunity) urged in the Defendants’ motion to dismiss.

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

Voisin v. Georgia Gulf Corp.

245 F. Supp. 2d 853 · District Court, M.D. Louisiana · Nov 4, 2002

Reasonable Accommodation Even if Voisin is a qualified individual with a disability, he has not established that Georgia Gulf failed to reasonably accommodate him for several reasons. … Even assuming there was, the weight of the evidence as detailed above clearly establishes that Voisin was totally and permanently disabled from gainful employment with or without any accommodations.

Wattigny v. Lambert

408 So. 2d 1126 · Louisiana Court of Appeal · Sep 11, 1981

The trial court found this *1135 to be so and our review of the record establishes that such a finding is not clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978); Canter v. … Defendants to the defamation action plead the existence of a qualified privilege.

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 of Louisiana v. Antonio Wilson

Louisiana Court of Appeal · Aug 27, 2019

A qualified elector may bring an action objecting to the candidacy of a person who qualified as a candidate in a primary election for an office in which the plaintiff is qualified to vote. La. R.S. 18:1401(A). … that the fact finder is clearly wrong or manifestly erroneous.

Wiggins v. Stone

570 F. Supp. 1451 · District Court, M.D. Louisiana · Sep 21, 1983

While that issue may be critical to ultimate resolution of the merits of this action, it is clear that injunctive relief may be granted against an official of the state under circumstances where the state itself is immune … Planning and management of instructional and research programs are clearly administrative, not academic, functions.

Bazert v. State, Dept. of Public Safety and Corrections

768 So. 2d 279 · Louisiana Court of Appeal · Sep 22, 2000

The medical evidence in the record establishes only that Bazert took medication in an effort to control his asthma. … Because the evidence clearly established that Bazert was unable to work for an extended period of time at the Falcon 1 dormitory, the department contends that he is not a "qualified individual."

Raj v. Louisiana State University

167 So. 3d 1023 · Louisiana Court of Appeal · Apr 24, 2015

It is a rule of fundamental and substantial justice, of public policy and of private peace, which should be cordially regarded and enforced by the courts to the end that rights once established by the final judgment of a … The Claims Clearly Not Barred Dr. Raj argues that the state district court incorrectly dismissed all of the claims in Raj II.

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.

Ferrell v. Minden Family Care Center

704 So. 2d 969 · Louisiana Court of Appeal · Dec 19, 1997

[P]laintiffs must establish that Dr. … Blell is not entitled to immunity from suit.

Smith v. H & E Tugs LLC

258 So. 3d 159 · Louisiana Court of Appeal · Oct 24, 2018

This figure is only a guideline that allows a court to take the question from the jury when a worker has a clearly inadequate temporal connection to the vessel." Id. at 349 , 115 S.Ct. at 2180 . … To support these arguments, CTEH notes Smith worked only one day aboard the Cristo, falling far below the required thirty percent threshold needed to establish seaman status.

Giorgio v. Alliance Operating Corp.

886 So. 2d 1283 · Louisiana Court of Appeal · Nov 10, 2004

The record clearly establishes that by virtue of a settlement of Sanborn's personal injury claim against 38BLLC (the boat's owner) and London Underwriters (the boat's insurer), and London Underwriters' settlement with Chevron … Use Immunity Statutes (La.

McNabb v. Louisiana Medical Mutual Insurance

2003 La.App. 3 Cir. 0565 · Louisiana Court of Appeal · Nov 5, 2003

This issue was clearly the subject of the LPCF’s suspensive appeal and, thus, inappropriate for consideration by the trial court. … “Some” expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence.

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

Malone v. Shyne

937 So. 2d 343 · Supreme Court of Louisiana · Sep 13, 2006

Clearly, each state has the right to determine the qualifications for a state office. … Significantly, the constitutionally established disqualification is not an irreversible ban from seeking public office.

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.

Kenner Plumbing Supply, Inc. v. Rusich Detailing, Inc.

14 La.App. 5 Cir. 922 · Louisiana Court of Appeal · Sep 23, 2015

that the fact finder is clearly wrong or manifestly erroneous. … establishing a lease on their property. .

Gilboy v. American Tobacco Co.

582 So. 2d 1263 · Supreme Court of Louisiana · Jun 21, 1991

A smoker who acquired the habit which caused his cancer before that warning should qualify as a prudent consumer. See Pritchard v. … If it is established that cigarettes caused the cancers and are unreasonably dangerous per se, other factors must be weighed to apportion comparative fault.

Claddie Savage v. Prator

886 So. 2d 523 · Louisiana Court of Appeal · Oct 6, 2004

The 1974 constitution creates two classes of home rule governments with different levels of immunity from control by the state legislature: (1) preexisting-home rule municipalities may exercise within their boundaries any … To establish that the conflict actually exists, the litigant must show that the state statute and the ordinance are incompatible and cannot be effectuated in harmony.