Case law

Shields v. City of Shreveport

579 So. 2d 961 · Supreme Court of Louisiana · May 28, 1991

Section 504 prohibits job discrimination against the handicapped, but it does not abolish the right of recipients of federal funding to establish reasonable job-related criteria for their prospective and present employees … This cannot mean that the city can discriminate by establishing restrictive "program requirements" where it could not so discriminate in making individual employment decisions.

LaMartina v. City of Mandeville

District Court, E.D. Louisiana · May 14, 2024

Defendants argued that each of the police officers named is subject to qualified immunity; that the other public officials named are subject to prosecutorial, judicial, absolute, or qualified immunity; that LaMartina failed … LaMartina argues that qualified immunity should not apply in this case to any of the officials who claim it because all of their actions were beyond the scope of their employment and/or violations of clearly established

Dupont v. Kember

501 F. Supp. 1081 · District Court, M.D. Louisiana · Nov 14, 1980

it may establish, increase or decrease compensation. … The act may be invalid in whole or in part, under the Louisiana Constitution, as plaintiffs claim, but clearly Elrod does not make it so.

McKeogh v. Healthcare Indem., Inc.

250 So. 3d 1064 · Louisiana Court of Appeal · Jul 11, 2018

Lyons was qualified, as an expert, to testify as to the standard of care of other orthopedists in the area, he was not qualified to testify regarding the vicarious liability issue. … McKeogh could not establish a medical malpractice claim against him without a qualified expert defining the applicable standard of care, establishing that he breached the standard, and establishing that his breach of the

Munson v. LAKEWOOD QUARTERS LT. PARTNERSHIP

965 So. 2d 448 · Louisiana Court of Appeal · Jul 18, 2007

Louisiana Extended Care Centers, Inc., XXXX-XXXX (La.1/14/03), 835 So.2d 460, 467-468 , the fact that the alleged negligence involved the loading or unloading of a nursing home resident is not enough to alone establish that … Based on these allegations alone, we conclude, as did the Supreme Court in Richard and the Third Circuit in Pender , that the record before us is inadequate to establish that the alleged negligence was related to treatment

Leslie A. Ellison v. Jancarlo Jose Romero and the Honorable Arthur A. Morrell, in His Official Capacity as Clerk of Criminal Court for the Parish of Orleans

Louisiana Court of Appeal · Aug 11, 2020

which shall be accompanied ... by the qualifying fee and any additional fee imposed.” … Romero clearly testified that he was only living at the Somerset address once the lease went into effect.

Leslie A. Ellison v. Jancarlo Jose Romero and the Honorable Arthur A. Morrell, in His Official Capacity as Clerk of Criminal Court for the Parish of Orleans

Louisiana Court of Appeal · Aug 11, 2020

which shall be accompanied ... by the qualifying fee and any additional fee imposed.” … Romero clearly testified that he was only living at the Somerset address once the lease went into effect.

Brown v. Cox

430 So. 2d 131 · Louisiana Court of Appeal · Mar 28, 1983

These affidavits were also qualified to the extent that some of the facts attested to were to the best of the knowledge of the affiant. … The affidavits further fail to establish as an undisputed fact that the parish had never at any time in past years undertaken any maintenance on the road in question, inasmuch as the statements to this effect are also qualified

Ballam v. Seibels Bruce Ins. Co.

712 So. 2d 543 · Louisiana Court of Appeal · Apr 1, 1998

In short, the requirement that an expert's testimony pertain to `scientific knowledge' establishes a standard of evidentiary reliability." 509 U.S. at 590 , 113 S.Ct. at 2795 . … Thus, we cannot say that the jury was clearly wrong/manifestly erroneous in rejecting this argument of GMC.

Georgia-Pacific Consumer Operations, LLC v. City of Baton Rouge

255 So. 3d 16 · Louisiana Court of Appeal · Jul 18, 2018

The 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. La. … It points out that the document clearly states that it was the parties' intent in executing the agreement to provide GP "with the means of paying its correct sales and use tax liability."

Grady Crawford Construction, Inc. v. City of Baton Rouge

2011 La.App. 1 Cir. 0377 · Louisiana Court of Appeal · Aug 17, 2011

The advertisement for bids clearly requires the contractors to comply with all provisions of the State Licensing Law for Contractors. … The evidence establishes by a preponderance that these requirements were not met in this case.

Succession of Houssiere

166 So. 2d 98 · Louisiana Court of Appeal · Jun 24, 1964

This is a proceeding to remove the duly qualified administratrix on the ground of her mismanagement of the succession. … However, prejudicial acts clearly adverse to the interests of the succession, especially when motivated by a conflict of interest are a cause for removal on the ground of fraudulent mismanagement. Travis v.

Muse v. St. Paul Fire & Marine Ins. Co.

328 So. 2d 698 · Louisiana Court of Appeal · Mar 1, 1976

In this court LHHRA has filed an exception of no cause or right of action predicated upon its asserted sovereign immunity. … We find the required causation established herein.

Nelson v. Merrick

970 So. 2d 1019 · Louisiana Court of Appeal · Sep 19, 2007

It is well established that for a plaintiff to obtain a default judgment, he must establish the elements of a prima *1021 facie case with competent evidence, as fully as though each of the allegations of the petition were … I agree that the proof in this record is insufficient to confirm the default judgment. *1022 In this case, the two letters from counsel representing defendants, other than the excess insurer, clearly do not qualify as judicial

Goodwin v. Celebrezze

239 F. Supp. 487 · District Court, W.D. Louisiana · Mar 30, 1965

Were it otherwise few would ever be able to qualify. This was pointed out by Judge Rives in a decision which we have many times approved. … O'Brient, 5 Cir., 1963, 323 F.2d 989 , but believe that case to be clearly distinguishable on its facts from this one, particularly in that there the claimant had a high school education and clearly was qualified to perform

Maddox v. Baker Oil Tools, Inc.

774 F. Supp. 419 · District Court, E.D. Louisiana · Oct 9, 1991

The Legislature granted tort immunity to the principal for the first time in 1976 by amending La.R.S. 23:1032, the section which originally granted tort immunity to the direct employer. … The comp remedy is exclusive and except for narrow exceptions clearly inapplicable to this case cannot be waived. LSA-R.S. 23:1032, 1035.

Pate v. Adell Compounding, Inc.

970 F. Supp. 542 · District Court, M.D. Louisiana · Jul 14, 1997

R.S. 23:1, et seq, which grants immunity from tort liability to the employer. … In this opinion, the Court discussed the trend of lawyers who attempt to avoid statutory tort immunity in industrial accidents.

State v. Morris

185 La. 1037 · Supreme Court of Louisiana · Nov 30, 1936

Wall, one of the grand jurors, moved his family from the parish of Sabine and established his residence in Natchitoches parish, on December 26, 1935. … It clearly appears that he lacked the necessary bona fide residence to be a legally qualified grand juror.

State v. Allen

942 So. 2d 1244 · Louisiana Court of Appeal · Nov 15, 2006

Rather, the same standard of competency applies to all and a trial judge is only required to satisfy himself that the witness's competency has been established prior to qualifying him as an expert. State v. … The trial court clearly instructed the jury to determine the weight and credibility that his testimony deserved.

Succession of Montegut

211 La. 112 · Supreme Court of Louisiana · Feb 10, 1947

Testifying at the trial were eight experts on French translation and interpretation, all eminently qualified witnesses whose motives could not be questioned. … Clearly the words “I leave” are implied with reference to some of the legacies.