Case law

Font v. Clark

2008 La.App. 1 Cir. 1466 · Louisiana Court of Appeal · Jul 24, 2008

that the fact finder is clearly wrong. … Moreover, the record clearly demonstrates that neither the “notice of candidacy” nor the [/‘qualifying fee” was “received ... by the clerk of court” during the qualifying period, as required by La. R.S. 18:466.

McLean v. Hunter

486 So. 2d 816 · Louisiana Court of Appeal · Jun 6, 1986

R.S. 9:2794 B provides a party to a malpractice suit has "... the right to subpoena any ... dentist ... for trial to establish the... degree of care ordinarily exercised...." … Our independent review of all the evidence, including the proferred testimony, does not disclose the result reached was clearly wrong.

Conmaco, Inc. v. Southern Ocean Corp.

581 So. 2d 365 · Louisiana Court of Appeal · May 30, 1991

The blueprint clearly specified the weight of the block as 17,945 pounds. … Because the burden is on the plaintiff initially to establish a prima facie case, the failure to establish such a case defeats his cause of action.

State v. Webster

245 La. 523 · Supreme Court of Louisiana · Dec 16, 1963

Defending, the accused claimed the qualified privilege provided for in LRS 14:49 which, among other things, recites: “A qualified privilege exists and actual malice must be proved, regardless of whether the publication is … Clearly, such language is defamatory, and every element of the crime as defined by the statute has been alleged. As to the second contention the accused, relying on Wood v.

State v. Chandler

5 La. 489 · Supreme Court of Louisiana · May 15, 1850

He qualifies the principle substantially, as Chief Justice Parker did, that there must be actual danger at the time from the violence and a reasonable belief that a felony is intended. … be clearly to point out to juries the state offfacts to which the principle is applicable, and that state of facts to which it is inapplicable; and in a case to which the principle is clearly inapplicable to decline giving

Andrus v. Guillot

160 So. 2d 804 · Louisiana Court of Appeal · Feb 18, 1964

document, or instrument affecting or relating to secular rights, or "(c) the doing of any act, in behalf of another, tending to obtain or secure for the other the prevention or the redress of a wrong or the enforcement or establishment … While we think that in this case there was clearly a violation of the statute, we wish to make it clear we do not intend to "outlaw" all collection agencies. If legally operated, they serve a most useful purpose.

Fosscett v. Lake Charles Municipal Fire & Police Civil Service Board

125 So. 2d 44 · Louisiana Court of Appeal · Nov 17, 1960

Accordingly, the doctrine of ‘last antecedent’ will not be adhered to where extension to a more remote antecedent is clearly required by a consideration of the entire act. … The right and privilege set out in Section 15.1 of Article XIV of the Constitution is a private right granted in the public interest to effectuate a Legislative policy, i. e., the establishment and maintenance of a Civil

Chandler Parts & Serv. v. WORKER'S COMP.

576 So. 2d 1133 · Louisiana Court of Appeal · Mar 13, 1991

R.S. 23:1378(A)(4) provides that no employer or insurer shall be entitled to reimbursement unless it is clearly established that the employer had actual knowledge of the employee's preexisting permanent partial disability … However, we disagree with the trial court's conclusion that this circumstance clearly establishes that Chandler had actual knowledge of Dixon's permanent partial disability prior to May 11, 1987.

State v. Harris

2011 La.App. 4 Cir. 0941 · Louisiana Court of Appeal · Aug 2, 2012

Harris entered a qualified plea of guilty under State v. Crosby, 338 So.2d 584 (La.1976). … Crosby, therefore, establishes a presumption that pre-trial error is not harmless. See also State v.

Vick v. Pankey

15 So. 3d 1199 · Louisiana Court of Appeal · Jun 24, 2009

To reverse a trial court’s factual determinations, the appellate court must find that a reasonable factual basis does not exist for the finding of the trial court and that the record establishes that the finding is clearly … Vick as he alleges, he clearly responded in a manner that was inappropriate and unnecessarily excessive under the circumstances. This determination is clearly supported by the record.

Gunasekara v. City of New Orleans

264 So. 3d 1236 · Louisiana Court of Appeal · Jan 30, 2019

There is a significant amount of precedence on whether or not competitive harm qualifies as a special interest. … doctrine of sovereign immunity or other, more specific bars ....

Licciardi v. Licciardi

16 La.App. 5 Cir. 289 · Louisiana Court of Appeal · Dec 7, 2016

The trial court established a payment plan for Ms. … Clearly, separate funds spent on the children born during the parties’ marriage benefitted the community. In addition, funds spent to satisfy Mr.

In Re Conoco EDC Litigation

123 F. Supp. 2d 340 · District Court, W.D. Louisiana · Nov 16, 2000

So Congress promulgated the Convention Act in 1970 to establish procedures for our courts to implement the Convention.” McDermott International v. … In short, neither Danube nor XL have sovereign immunity to waive in order to accept federal jurisdiction. B.

In Re Freeman

995 So. 2d 1197 · Supreme Court of Louisiana · Dec 2, 2008

Following receipt of the hearing officer's proposed findings of fact and conclusions of law, the Commission established a briefing schedule, as required by Rule XXIII, § 29, and ordered Justice of the Peace Freeman to appear … A judge should participate in establishing, maintaining, and enforcing, and shall personally observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved.

Heirs of Porter v. Hornsby

32 La. Ann. 337 · Supreme Court of Louisiana · Mar 15, 1880

If it is not, then, of course, the party holding up the will as a muniment of title must be allowed to establish its validity. … It is said that the debts were prescribed when the application for sale was made; but such clearly was not the case.

Lucille Jones v. Jimmy Rogers

Louisiana Court of Appeal · Nov 15, 2023

The trial court granted summary judgment in favor of Defendants finding they were immune from tort liability. … Specifically, “[t]he burden is on the adverse party to produce factual support sufficient to establish the existence of a genuine issue of material fact or that the mover is not entitled to judgment as a matter of law.”

Hardin Bag Burlap Co. v. Fidelity Guar. Fire Corp.

1 So. 2d 830 · Louisiana Court of Appeal · Apr 21, 1941

There is no point in having any exceptions in the policy unless they can be said to qualify the rule. "Hazards not Covered". … For this reason the company may have deemed it prudent to state clearly that by this policy it assumes no liability for loss by fire, no matter how the fire may have been caused.

Sevario v. State Ex Rel. Dept. of Transp.

752 So. 2d 221 · Louisiana Court of Appeal · Nov 10, 1999

The record clearly demonstrates that this allowed DOTD time to conduct an effective cross-examination of each of these witnesses. … Consequently, DOTD must establish that each requirement for the privilege under section 409 has been met.

Lightell v. Walker

District Court, E.D. Louisiana · Mar 19, 2021

When there is no controlling authority specifically prohibiting a defendant's conduct, the law is not clearly established for the purposes of defeating qualified immunity. … Bronk are not entitled to qualified immunity because Plaintiff had a clearly established right to free speech, which they violated, and their actions were not objectively reasonable. Rec.

Mincey v. Dow Chemical Co.

217 F. Supp. 2d 737 · District Court, M.D. Louisiana · Mar 15, 2002

However, even if one assumed that plaintiffs fibromyalgia qualifies as a disability protected by the ADA, in order to prevail on this claim plaintiff must also establish that she is a qualified individual for the job in question … The summary judgment evidence herein clearly, indicates that plaintiffs position at Dow was one which required her regular attendance at work.