Case law

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.

Opinion Number

Louisiana Attorney General Reports · Apr 9, 1998

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haney Corp. vs. Larpenter , 583 So.2d 867 (La.App. 1 st Cir. 1991), writ denied. … ". . . are clearly part of interstate or foreign commerce as these terms are generally understood".

Jennings v. Allstate Insurance Company

273 So. 2d 534 · Louisiana Court of Appeal · Feb 1, 1973

Peppler qualified to answer questions regarding the effect of electrical shock on a fetus because he had no personal experience on the subject. … established.

Street v. Louisiana Pacific Corp.

829 So. 2d 450 · Louisiana Court of Appeal · Sep 18, 2002

R.S. 9:2800.10 established conditional immunity from liability for injury, death or loss sustained by perpetrators of felonies while committing the offense or while fleeing the scene of the offense, thereby altering legal … duties owed from one person to another, as established under our codal scheme.

Fontenot v. Magnolia Petroleum Co.

227 La. 866 · Supreme Court of Louisiana · Apr 25, 1955

the unchallenged and unrebutted proof by plaintiffs, we necessarily conclude that the evidence clearly establishes the claim of plaintiffs in that the general and extensive damages to their homes were non-existent prior … True, plaintiff Young orally agreed to permit entrance upon his property for these purposes, but it cannot be said that he expressly or impliedly granted legal immunity to the defendants from liability for any damages suffered

LaFleur v. Roberts

157 So. 2d 340 · Louisiana Court of Appeal · Oct 30, 1963

On the other hand, charter provisions limiting or qualifying the authority of municipal officials cannot be disregarded as if not written. … Nevertheless, there must be a judicial review of actions of such public officials and public bodies when they are called in question as exceeding their authority or being arbitrary or otherwise violating the provisions *344 of established

State v. Fahey

35 La. Ann. 9 · Supreme Court of Louisiana · Jan 15, 1883

We are clearly of the opinion that the question must be answered in the affirmative. … Hence, the oath of January 21st, 1880, was sufficient to qualify him as clerk, as far as the exigency of the oath was concerned, and, therefore, the oath of March 6th, 1880, as ex-officio jury commissioner was sufficient.

State v. Martin

543 So. 2d 1020 · Louisiana Court of Appeal · Apr 19, 1989

In the present case the three loaded handguns were clearly relevant and material to the issue of intent to distribute. … The record reflects that the State did not qualify Detective Faglie as an expert on direct examination.

King v. SECRETARY, DEP. OF HEALTH AND HOSP.

956 So. 2d 666 · Louisiana Court of Appeal · Apr 4, 2007

The Medicare Catastrophic Coverage Act of 1998 ("MCCA"), 42 U.S.C. § 1396r-5, amended the Medicaid Act to establish a mechanism to protect couples from being forced to deplete their assets to qualify for Medicaid. … It is a loophole apparently discerned by lawyers and exploited by issuers who advertise such annuities as a means to qualify for Medicaid benefits. . . .

Gettys v. Wong

2013 La.App. 4 Cir. 1138 · Louisiana Court of Appeal · May 7, 2014

C.C.P. art. 1972 specifies three peremptory grounds upon which a new trial “shall” be granted, namely: (1) when the verdict or judgment appears clearly contrary to the law and the evidence; (2) when a party has discovered … The filing of a request for review of a claim shall suspend the running of prescription against all joint or solidary ob-ligors, including but not limited to health care providers, both qualified and not qualified, to the

Fetty v. City of Baton Rouge

District Court, M.D. Louisiana · Feb 19, 2021

Qualified Immunity Because qualified immunity is “an immunity from suit rather than a mere defense to liability, ... it is effectively lost if a case is erroneously permitted … , whether the officer's actions were objectively reasonable in light of clearly established law at the time of the alleged misconduct.78 A court may begin its analysis of qualified immunity with either prong.79 At

Boudreaux

District Court, E.D. Louisiana · Dec 19, 2025

To succeed on a Rule 59(e) motion, a party must “clearly establish either a manifest error of law or fact or must present newly discovered evidence.” Ross v. Marshall, 426 F. 3d 745, 763 (5th Cir. 2005). … Nor does plaintiff address the Court’s qualified immunity determination.

First National Bank v. V. & A. Meyer & Co.

43 La. Ann. 1 · Supreme Court of Louisiana · Jan 15, 1891

The judgment for intervenors is not up for review. *4 The established facts are the following: C. M. … This provision of law is clearly destructive of the defendants’ pretensions for several reasons, which are matters of fact.

Otkins v. Gilboy

District Court, E.D. Louisiana · Mar 8, 2024

This Court granted the Defendants’ Motion for Summary Judgment in Support of Qualified Immunity, finding that the Defendants were entitled to qualified immunity on the basis that no violation of Otkins’ Fourth … immunity defense just last week when it denied rehearing en banc a panel decision affirming a district court’s granting of qualified immunity to a police officer.

In Re Succession of Edwards

2009 La.App. 3 Cir. 175 · Louisiana Court of Appeal · Jun 3, 2009

The standard of review applicable to this assignment of error has been firmly established. … ,” is clearly mis-stated.

State Ex Rel. Lw

11 So. 3d 1225 · Louisiana Court of Appeal · Jun 3, 2009

Adkins, Ph.D., as an expert qualified to offer an opinion in this case? 2. … The first element of Article 1015(5) is clearly established based on facts in the record revealing that the children were in State custody for more than one year when the termination trial was held and the judgment granting

Opinion Number

Louisiana Attorney General Reports · May 26, 1993

One of its purposes was to clarify exactly which local taxes qualify for rebate. The legislature substituted the phrase "local governmental subdivisions" for "political subdivisions." … Otherwise, one would be able to obtain immunity from the state regulation by making private contractual arrangements. This principle is summarized in Mr.

Gulf Coast Housing Partnership, Inc. v. Bureau of the Treasury

2013 La.App. 4 Cir. 0556 · Louisiana Court of Appeal · Nov 27, 2013

Unlike Abundance Square Associates, we find, inter alia, a lack of evidence in the record before us establishing that any of the LLCs had appropriately declared and dedicated their property for public use clearly serving … It is well-established that exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively established by the taxpayer.

Cooper v. Borden, Inc.

709 So. 2d 878 · Louisiana Court of Appeal · Feb 25, 1998

At no time during the trial or in any pleading did Borden argue that it was immune from liability due to its compliance with the federal regulation. … Before an appellate court may disturb such an award, the record must clearly reveal that the trier of fact abused its broad discretion in making the award, based on the facts and circumstances peculiar to the case and the

Adams v. Texas & Pacific Motor Transport Co.

408 F. Supp. 156 · District Court, E.D. Louisiana · Sep 10, 1975

Petrillo’s testimony establishes that, even had he passed the test, Adams’ hiring would have been on a probationary basis. … Civil rights legislation serves a broad remedial aim, but it clearly was not designed to assist job applicants found to have misrepresented themselves in seeking positions for which they are not qualified.