Case law

Christophe v. State ex rel. Department of Health & Hospitals

95 La.App. 3 Cir. 398 · Louisiana Court of Appeal · Oct 4, 1995

that the trial court’s finding is clearly wrong. … Clearly, the parties were unable to conclusively establish the exact dates that Orealia stayed with the Chris-tophes, thus leaving the dates of their exposure as approximations. Similarly, Dr.

Mouton v. AAA Cooper Transp.

251 So. 3d 516 · Louisiana Court of Appeal · Jul 18, 2018

It was established Mr. Gillen began investigating accidents in 1977 when he joined the Baton Rouge City Police Department. By his estimate, Mr. … [T]he district court properly found that Gillen was qualified to testify concerning the standards set forth by the MUTCD and properly admitted the expert testimony of Gillen, who is qualified by experience, skill, and training

Opinion Number

Louisiana Attorney General Reports · Feb 24, 1999

Thus, to qualify as a program of social welfare for the aid and support of the needy and to fall within Paragraph (B) it is required that those assisted through the program must be screened pursuant to objective criteria … In regard to establishing a cooperative endeavor this office made the following observation: Care should be taken to insure that the cooperative endeavor agreement clearly reflects (1) the reciprocal rights and duties of

Normand v. Hertz Corporation

254 La. 1075 · Supreme Court of Louisiana · Nov 10, 1969

Such a showing is necessary to establish “temporary use *1087 as a substitute”, i.e., a car put in place of another. … Hertz, in effect, gave Hatcher qualified permission, qualified to the extent that the vehicle could not be used, operated or driven by any person except “customer” (Hatcher), or other specified classes of persons with Hatcher

Dickson v. State Farm Insurance Agency

396 So. 2d 514 · Louisiana Court of Appeal · Mar 11, 1981

that the finding is not clearly wrong. … Therefore, it is our determination that the record as a whole establishes that the jury’s finding of negligence in the actions of the girls as being the cause of this accident is not clearly wrong, but on the record, clearly

Snowden v. Pearl River Broadcasting Corp.

251 So. 2d 405 · Louisiana Court of Appeal · Oct 18, 1971

The Blackwells are brothers and owners of an establishment located in Bogalusa known as the Pizza Shanty. … As our Brother WHITE observes, that is not a problem in this case, since police arrest of a person for distributing allegedly obscene magazines clearly constitutes an issue of public or general interest." Rosenbloom v.

State v. Edwards

419 So. 2d 881 · Supreme Court of Louisiana · Sep 7, 1982

Clearly three weeks is not an insufficient time for the taint of the original illegal arrest (if it was illegal) to have become attenuated. … As this witness was clearly hostile, it was not improper to allow her to be impeached. This assignment of error is without merit.

Roy v. Commercial Union Assur. Co.

385 So. 2d 1273 · Louisiana Court of Appeal · Jun 25, 1980

LaGrange was never qualified as a dealer or an expert in regard to the price or value of used automobiles, in answer to the judge's questions he expressed the opinion that a 1974 Monte Carlo in good shape would be worth about … In order to recover under an insurance policy it is the burden of the plaintiff to establish every fact essential to his recovery and to establish that the claim *1276 falls within the policy coverage. Ceasar v.

Latiolais v. Tauzin

477 So. 2d 1292 · Louisiana Court of Appeal · Nov 7, 1985

No discussion of the law is required to establish that this is simply not so. … In that regard plaintiff must show that the trial court was manifestly erroneous, that he was clearly wrong. We find no error in the trial court’s finding of fact.

Succession of Houssiere

146 So. 2d 483 · Louisiana Court of Appeal · Nov 5, 1962

He is the sole male heir of the deceased and is the best qualified by experience and otherwise to be appointed administrator of the estate of his deceased mother. "3. … Clearly the reasons for disqualification, as set forth in appellants' petition, do not fall within the scope of LSA-C.C.P. Art. 3097.

Hooker v. Super Products Corp.

751 So. 2d 889 · Louisiana Court of Appeal · Jun 30, 1999

Plaintiff was clearly attempting to perform his job in the usual manner when the hose ruptured. … We find the present case to be clearly distinguishable from that entire line of jurisprudence.

Opinion Number

Louisiana Attorney General Reports · Apr 20, 2006

The Waterworks qualifies as a "revenue-producing public utility," as defined by LSA-R.S. 33:4161 , because it is owned by the parish and because it supplies the commodity of water. … However, if the primary purpose for the fee is revenue and regulation is "merely incidental," or if the fee "clearly and materially exceeds the cost of regulation or conferring special benefits upon those assessed," then

State v. Taylor

2011 La.App. 1 Cir. 0373 · Louisiana Court of Appeal · Mar 23, 2012

Taylor’s criminal record clearly establishes that on May 4, 2004, the trial court suspended her sentence; it did not defer it. … and does not purport to per se qualify her for an expungement of her arrest record. .

Harvey v. Travelers Ins. Companies

487 So. 2d 106 · Louisiana Court of Appeal · Mar 12, 1986

Big Three contends that plaintiff failed to establish entitlement to use the deposition under any of the conditions of LSA-C.C.P. … We have concluded that the use of the deposition cannot qualify under this condition. Arsenaux v. Arsenaux, 417 So.2d 856 (La.

State v. Mena

344 So. 2d 357 · Supreme Court of Louisiana · Apr 6, 1977

In our opinion, the facts recited in the affidavit clearly provide an adequate basis upon which the issuing magistrate could conclude that the informant was credible and his information reliable. … Thus, some showing that the informant did not possess illusions of immunity might well be essential." 403 U.S. at 595 , 91 S.Ct. at 2087 , 29 L.Ed.2d at 740 .

Maynard v. Hatfield

10 La.App. 3 Cir. 162 · Louisiana Court of Appeal · Jun 2, 2010

To the contrary, the record clearly indicates that Mr. Hatfield had previously filed a Motion for Summary Judgment on the issue of whether Mr. … Hatfield failed to establish that Mr. Maynard’s use of Pike Electric’s vehicle was an incident of his employment with Pike Electric. Consequently, genuine issues of material fact remain as to whether Mr.

State of Louisiana v. Glenn Cook

226 So. 3d 387 · Supreme Court of Louisiana · May 3, 2017

R.S. 15:544.1 establishes procedures for challenging the registration and notification requirements “as they apply to a particular offender convicted of or adjudicated delinquent for a sex offense” and | ¡¿further establishes … The provision that authorizes the release 17of information by criminal justice agencies and provides for civil immunity, La.

State v. Guidry

160 La. 655 · Supreme Court of Louisiana · Feb 1, 1926

After the 3 prospective jurors had *Page 657 been examined, and found qualified by the district judge, he tendered them to the state and to the defendant for acceptance or rejection. … And, further, that it is contrary to the established procedure of the state and is an attempt on the part of the court to usurp legislative powers.

Tasker

District Court, W.D. Louisiana · Jun 10, 2026

Under Louisiana law, an entity must qualify as a “juridical person,” which is defined as “an entity to which the law attributes personality, such as a corporation or partnership.” La. Civ. Code art. 24. … Plaintiff must provide facts to establish that each named defendant displayed a subjective intent to cause harm.

Cash v. McGregor

730 So. 2d 497 · Louisiana Court of Appeal · Feb 24, 1999

Second, the defendants must establish freedom from all fault by clear and convincing evidence. … The evidence adduced by defendants shows defendants relied on statements to them that McGregor was qualified under federal regulations to drive.