Case law

Investors Homestead Ass'n v. Anglada

193 La. 596 · Supreme Court of Louisiana · Oct 30, 1939

His signature is qualified by the words “To authorize my wife”. Mr. … Bruno had signed the note without qualifying his signature, a different situation might be presented. But he did qualify his signature, as is the custom where husbands sign to authorize their wives. Joseph Monget v.

Benedict v. Lynch

81 So. 2d 91 · Louisiana Court of Appeal · May 18, 1955

We do not find ourselves-in agreement with this position for the facts are clearly at variance therewith. … As opposed to the plaintiff’s contentions defendant relied upon the testimony of another qualified surveyor, Mr. Louis J. Daigre, Jr.

Vignes v. Jarreau

222 So. 2d 566 · Louisiana Court of Appeal · Apr 14, 1969

Notwithstanding the admittedly broad scope of subject statute, nevertheless the qualifying words “where it is appropriate” contained therein, must be deemed of some import. … Instead we note the presence of the qualifying phrase “where it is appropriate”.

Zeitoun v. City of New Orleans

2011 La.App. 4 Cir. 0479 · Louisiana Court of Appeal · Dec 7, 2011

The Zeitouns have also failed to clearly plead an essential element of § 1981, a contractual relationship with the state player. … The appellants have essentially failed to even clearly establish who actually arrested Mr. Zeitoun.

Jones v. Davis

233 So. 2d 310 · Louisiana Court of Appeal · May 25, 1970

The affidavits in opposition tend to establish malice on defendants' part. … It may be noted that the validity or constitutionality of a statute is presumed unless and until the contrary is clearly established. That has not been accomplished in this case.

Blair Rubber Co. v. Altra Coatings Technology, Inc.

575 So. 2d 504 · Louisiana Court of Appeal · Feb 14, 1991

Art. 3036 Suretyship may be established for any lawful obligation, which, with respect to the suretyship, is the principal obligation. … Art. 3040 Suretyship may be qualified, conditioned, or limited in any lawful manner. (Underlining provided.) Mr. Poirrier’s suretyship was in writing and was for a debt arising in the near future.

Sherwood Forest Country Club v. Litchfield

998 So. 2d 56 · Supreme Court of Louisiana · Dec 19, 2008

Also, other activities, such as dining with friends at the club's restaurant or sitting by the swimming pool are, according to the court, clearly fraternal. … The fraternal organizations defined by Louisiana law and the IRC clearly fit within the meaning of "fraternal" intended by the constitution.

Causer v. Ard

District Court, M.D. Louisiana · Aug 15, 2019

Qualified Immunity In his Motion to Dismiss, Deputy Winburn asserts that he “is entitled to and hereby pleads qualified immunity with respect to all claims asserted by plaintiffs … immunity, the Court may insist that a plaintiff file a reply pursuant to Federal Rule of Civil Procedure 7(a) tailored to an answer pleading the defense of qualified immunity.57 The Court does not reach the qualified

State of Louisiana v. Brian Douglas Horn

251 So. 3d 1069 · Supreme Court of Louisiana · Sep 7, 2018

The record clearly supports, and defendant does not contest, a finding that defendant "enticed or persuaded" the victim "to go from one place to another." … Rather, the State asserts the evidence was sufficient to prove the victim was "injured" during the kidnapping and, thus, the evidence was sufficient to establish second degree kidnapping.

Young v. Louisiana Medical Mut. Ins. Co.

725 So. 2d 539 · Louisiana Court of Appeal · Dec 16, 1998

Tom Meunier was qualified as an expert in vocational rehabilitation counseling. … that the finding is clearly wrong (manifestly erroneous).

Vargas v. Continental Cuisine, Inc.

900 So. 2d 208 · Louisiana Court of Appeal · Mar 30, 2005

Discussion The Louisiana Sanitary Code 23:006-4 provides in pertinent part: All establishments that sell or serve raw oysters must display signs, menu notices, table tents, or other clearly visible messages at point of sale … IF YOU SUFFER FROM CHRONIC ILLNESS OF THE LIVER, STOMACH OR BLOOD OR HAVE OTHER IMMUNE *211 DISORDERS, YOU SHOULD EAT THESE PRODUCTS FULLY COOKED.

Cross v. Cutter Biological, Div. of Miles Inc.

676 So. 2d 131 · Louisiana Court of Appeal · May 29, 1996

Jay Levy studies viruses and immune dysfunction and testified that the scientific community at that time also considered the possibility that the immune deficiency in those hemophiliacs was caused by something other than … Thomas Drees was President of Alpha Therapeutic Corporation from 1978-1984 and the court qualified Dr. Drees as an expert in the business of blood banks. The trial court disallowed Dr.

LA. STATE EMP. RETIREMENT SYSTEM v. McWilliams

996 So. 2d 1036 · Supreme Court of Louisiana · Dec 2, 2008

R.S. 11:291(B), which clearly directs LASERS to pay a former spouse these survivor benefits when ordered by a community property judgment which meets that statute's requirements. … Boggs, 520 U.S. 833 , 117 S.Ct. 1754 , 138 L.Ed.2d 45 (1997), ERISA and REA provide an exception to that preemption where an ex-spouse has a qualified domestic relations order, or "QDRO," establishing her claim to these survivor

Travis v. Insley

28 La. Ann. 784 · Supreme Court of Louisiana · Jul 15, 1876

Irwin qualified as liquidator to collect and settle debts of the firm, and controlled notes, accounts, and drafts due the firm amounting to about thirty thousand dollars. … It is alleged that, in the advertisement of the sale, the property to be sold was not clearly set forth and described as required by law, so as to inform the public of the specific property to be offered for sale, and with

Dinett v. Lakeside Hosp.

811 So. 2d 116 · Louisiana Court of Appeal · Feb 20, 2002

In fact, it is now known that this virus could have been spread through routine immunizations and other minor medical procedures as late as the 1970s, when sterilization still involved merely applying alcohol to an instrument … C.E. art. 702 each provide: If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge,

Phillippe v. Commercial Insurance Co. of Newark

574 So. 2d 374 · Louisiana Court of Appeal · Oct 31, 1990

The medical testimony presented clearly favored the plaintiff’s contention that he could not work as a roustabout. … The court must find that Commercial has failed to establish by a preponderance of the evidence any occupation for which Dr. Phillippe’s training and experience reasonably qualify him.

Mistich v. Volkswagen of Germany, Inc.

94 La.App. 4 Cir. 0226 · Louisiana Court of Appeal · Jan 31, 1995

The trial court's finding that the VW did not roll over was also clearly wrong. As stated above the only two experts qualified in the field of accident reconstruction were Lipp and Blaisdell. … based on the evidence, and clearly without evidentiary support.

Martin v. Markley

202 La. 291 · Supreme Court of Louisiana · Dec 30, 1942

And, finding that the defendant had failed to offer evidence to establish this defense, the judge held that she was liable to plaintiffs for the damages which they had suffered. … But the distinction cannot be too clearly borne in mind between comment or criticism and allegations of fact, such as that disgraceful acts have been committed, or discreditable language used.

Donaldson v. Hudson Insurance Co.

2012 La.App. 4 Cir. 1013 · Louisiana Court of Appeal · Apr 10, 2013

. *49 The Louisiana Code of Evidence allows a witness to qualify as an expert witness by knowledge, skill, experience, training or education. La. C.E. art. 702. … Laborde, the record clearly indicates that the trial court proceeded with the hearing, using the submitted depositions and arguments of counsel.

Khan v. Richey

927 So. 2d 1267 · Louisiana Court of Appeal · Apr 19, 2006

Thereafter, on July 16, 2002, Southern University filed a motion for summary judgment urging its qualified immunity. This motion was denied by the federal district court on February 11, 2003. … Clearly, plaintiff's charge of discrimination was timely filed with the EEOC. Allegation (1) in Ms. Jones' affidavit is not supported by the evidence of record.