Case law

Jorge-Chavelas v. La. Farm Bureau Cas. Ins. Co.

307 F. Supp. 3d 535 · District Court, M.D. Louisiana · Mar 9, 2018

The fact Plaintiffs' work benefitted Harang Sugars' business enterprise does not establish a contract, express or implied. … The Court's conclusion is strengthened by its finding that the most important of these, the right of control, clearly militates against borrowed servant status.

State v. Leslie

167 La. 967 · Supreme Court of Louisiana · Jan 28, 1929

In this proceeding the defendant was not affected or prejudiced in any of his constitutional or statutory rights, privileges, or immunities. … The decided weight of the testimony and circumstances clearly showed in the opinion of the court that the defendant was the aggressor.

Veron v. Veron

657 So. 2d 156 · Louisiana Court of Appeal · May 3, 1995

Vicknair, 237 La. 1032 , 112 So.2d 702 (1959), the wife having the burden of establishing her necessitous circumstances. Malone v. Malone, 260 La. 759 , 257 So.2d 397 (1972). … The facts clearly show that Mrs. Veron is qualified physically and vocationally to earn a living as an elementary school teacher. Her teaching certificate qualifies her to teach grades one through eight. Although Mrs.

Smith v. Hartford Acc. & Indem. Co.

385 So. 2d 858 · Louisiana Court of Appeal · May 5, 1980

Clearly, the abutment was not an unreasonably dangerous condition. We find, as did the trial court, that the real cause of Mrs. Smith's injuries was her own failure to look where she was going and to walk carefully. … Hebert was simply unable to demonstrate sufficient training or experience in the field for which he sought to qualify as an expert. For the foregoing reasons, the trial court judgment is affirmed.

Swift v. State

342 So. 2d 191 · Supreme Court of Louisiana · Jan 24, 1977

applicants allege, fixes January 29, 1977 as the final day on which judges may exercise the option given by the statute to become members of the Louisiana State Employees Retirement System (under Act 518 of 1976, which established … point out that it would have been easy for the legislature to effect the meaning sought by defendant by placing the phrase "upon the effective date of the section" at the beginning of the paragraph, in which case it would clearly

State v. Foster

10 La.App. 3 Cir. 871 · Louisiana Court of Appeal · Mar 16, 2011

Clearly, his experience was sufficient to qualify him as an expert. Defendant argues the record does not contain written reasons for his adjudication in violation of La.R.S. 15:529.1(D)(3). … The evidence established that Defendant is a seven-time felony offender. 1 .RULING Defendant’s adjudication as a fourth felony offender is affirmed. AFFIRMED. 1 .

Lafayette Distributors, Inc. v. United States

397 F. Supp. 719 · District Court, W.D. Louisiana · Jul 23, 1975

Case law, then, clearly favors the taxpayer. … In A & N and here, the end product is the same: A voting trust is established.

Whalen v. Morice

District Court, E.D. Louisiana · May 28, 2021

The Webb Court further stated: Qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established … Defendant Caillouet has filed a motion to dismiss asserting qualified immunity. R. Doc. 69.

Johnson v. Wal-Mart Stores, Inc.

953 So. 2d 831 · Louisiana Court of Appeal · Feb 27, 2007

The evidence established that Plaintiff was injured prior to her employment and suffered no further disability from the alleged work accidents. She simply did not meet her burden of proof. … I feel she could return to any occupation for which she is otherwise qualified." Thereafter, in a follow-up report on October 27, 2004, Dr.

Vordenbaumen v. Gray

189 So. 342 · Louisiana Court of Appeal · Mar 31, 1939

The rules governing the law of contracts, as well as other civil rights, privileges and immunities, a-re embodied in the Revised Civil Code of this state, and to that source we must turn to obtain the principles decisive … The provisions of Act No. 11 of 1926 clearly show that it is not a prescriptive statute.

Seagrave v. Dean

908 So. 2d 41 · Louisiana Court of Appeal · Jun 10, 2005

A plaintiff is first required to establish a prima facie case by showing that he: (1) is a member of a protected class; [5] (2) was qualified for the position; (3) was terminated; and (4) was replaced by someone outside the … The jury was clearly wrong in finding otherwise.

Opinion Number

Louisiana Attorney General Reports · Oct 19, 1999

Louisiana Revised Statutes of 1950, for the sale of alcoholic beverages for on-premises consumption or a Louisiana state racing commission licensed race track, parimutuel wagering facility, or offtrack wagering facility, or a qualified … These provisions are mandatory and would appear clearly applicable to the proposed lease and operations referenced in your letter of September 24, 1999.

Army & Air Force Exchange Service v. Neuman

278 F. Supp. 865 · District Court, W.D. Louisiana · Sep 12, 1967

Should she seek employment for a day to establish the negative fact that she cannot find it? Two days? A week? A month? … Clearly, the only meaningful way to position the parties in such a situation would be to require the party of interest to prove the positive fact — to require her employer to prove she could be employed.

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.

Masterson v. Epic Divers, Inc.

804 F. Supp. 869 · District Court, E.D. Louisiana · Dec 16, 1992

Defendant has filed a motion for summary judgment asking this Court to declare that plaintiff does not qualify for seaman status under the Jones Act (46 U.S.C.App. § 688). … In examining the first criterion, the facts of this case clearly show that plaintiff was neither permanently attached to nor did he perform a substantial amount of work on a single vessel.

Jobe v. Hodge

207 So. 2d 912 · Louisiana Court of Appeal · Feb 5, 1968

As such it is immune from suit and from liability except with the consent of the Legislature. … These statutory limitations clearly must be read into the consent to sue a public body that may be granted by the Legislature.

Boudreaux v. Bollinger Shipyard

2015 La.App. 4 Cir. 1345 · Louisiana Court of Appeal · Jun 22, 2016

Clearly, scientific opinion testimony on causation is relevant to a suit seeking recompense for the contraction of asbestos-related lung cancer. … C It is well-established that the trial court is afforded wide discretion in de *771 termining whether expert testimony should be admitted and who ■ should or should not be qualified as an expert. See General Elec.

Higginbotham v. Mobil Oil Corporation

357 F. Supp. 1164 · District Court, W.D. Louisiana · Apr 25, 1973

We find that the evidence clearly establishes that the fracture alleged by plaintiffs’ (and Mobil’s) expert witnesses could not have nucleated, propagated and gone to complete failure during that short period. … However, the language of Moragne, supra, itself clearly establishes that the action of wrongful death exists in General Maritime Law and there is no indication (even though the accident in that case occurred in the territorial

Shehee v. Aetna Casualty & Surety Co.

122 F. Supp. 1 · District Court, W.D. Louisiana · Jun 17, 1954

By this legislation Congress partially waived the sovereign immunity of the United States from liability for certain torts. … Likewise, we believe defendant intended to cover them in that respect, for the “assault and battery” clause clearly was meant to exclude only acts of willful violence.

State v. Lambert

514 So. 2d 550 · Louisiana Court of Appeal · Oct 1, 1987

It was clearly established that apomorphine is an *553 isoquinoline alkaloid of opium. … This seems to be clearly contradictory to the doctrine that “nothing is a crime which is not clearly and unmistakably made a crime.” State v. Truby, supra.