Case law

Vice v. Assumption Parish Police Jury

135 So. 2d 108 · Louisiana Court of Appeal · Nov 13, 1961

While it may well be that defendant Police Jury does have and may, on trial of this matter on the merits, establish legal cause for denial of a local permit, the fact nevertheless remains said reason or reasons, if any, are … Tangipahoa Parish Police Jury, supra, which former decision we believe to be clearly distinguishable from the case at bar.

Baqer v. St. Tammany Parish Government

District Court, E.D. Louisiana · Mar 22, 2021

law.80 Where, as here, a § 1983 defendant pleads qualified immunity, the plaintiff then has the burden to rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly established … law.81 In a qualified immunity analysis, the Court must determine (1) whether the plaintiff has alleged a violation of a clearly 75 R.

Odom v. Respiratory Care, Inc.

98 La.App. 1 Cir. 0263 · Louisiana Court of Appeal · Feb 19, 1999

In March 1992, Odom received a raise to $19.00 an hour when he qualified as a registered respiratory tech. … The FLSA clearly provides for attorney’s fees to be paid by the employer where a violation has occurred. 29 U.S.C.A. § 216 (b).

Ryan Breaux v. Louisiana Patients Compensation Fund

Louisiana Court of Appeal · Feb 6, 2013

Specifically, he testified that the immune lining of the heart and arteries were damaged, which, in turn, weakened her immune system. … The testimony of the Breauxs’ highly- qualified experts, Dr. Galpin and Dr.

Bijou v. Alton Ochsner Medical Found.

679 So. 2d 893 · Supreme Court of Louisiana · Sep 5, 1996

committed by qualified health care providers. … Bijou seeks summary judgment. [1] The evidence clearly establishes that Mr. Bijou's damages clearly exceed $500,000.00. He was formerly a healthy, physically active, 41-year old man.

Baker v. Payne & Keller of La., Inc.

390 So. 2d 1272 · Supreme Court of Louisiana · Nov 10, 1980

It is well established that Louisiana Code of Civil Procedure article 1153 permits amendment despite technical prescriptive bars where the original pleading gives fair notice of the general fact situation out of which the … Since the essence of interruption of prescription by suit is notice, and Maryland clearly had notice of the plaintiff's suit against it and the occurrence upon which the demand was based, the running of prescription as to

Opinion Number

Louisiana Attorney General Reports · Apr 2, 2008

In making such a determination the Police Jury has a duty to "exercise reasonable care in establishing a polling place [ . . .] in a building which affords each qualified voter an opportunity to exercise his right of voting … The police jury must also adhere to the time restrictions on changing a polling place established by La.R.S. 18:534 (B), which provides that a polling place cannot be changed during the period commencing when the qualifying

Kevin E. Bias v. Louisiana Physical Therapy Board

Supreme Court of Louisiana · Jun 26, 2019

R.S. 37:2404 is limited to establishing the quorum requirements for “meetings” of the Board. … Clearly, the Board’s authority to impose discipline under La. R.S.37:2420 is part of its rightful concern and falls within the scope of the Board’s business. Mr.

Morgan v. ABC MANUFACTURER

694 So. 2d 394 · Louisiana Court of Appeal · Mar 13, 1997

Worktec argued that Darryl Hines was a borrowed employee of Goldin and thus, it was immune from tort liability under the worker's compensation statute. … It is well settled that, on appellate review of a factual determination, the reviewing court may not set aside the findings of fact in the absence of manifest error or unless they are clearly wrong.

Jarvis v. Lafayette General Hospital

373 So. 2d 1000 · Louisiana Court of Appeal · Jul 25, 1979

The minute entry clearly shows that, although the Judge recognized that plaintiffs had failed to submit their claim to a medical review panel, he felt that to dismiss their claim altogether might be unduly prejudicial to … No action against a health care provider covered by this Part, or his insurer, may be commenced in any court of this state before the claimant's proposed complaint has been presented to a medical review panel established

Bottom Line Equipment, L.L.C. v. BZ Equipment, L.L.C.

10 La.App. 5 Cir. 830 · Louisiana Court of Appeal · Jan 25, 2011

Bernard Parish where BZ operated in 2007 and 2008. (9) Bodilly stated LER was started because BZ could not qualify for a bank loan, while the new company could qualify for a loan. (10) Although Bodilly asserted LER is now … the factfinder is clearly wrong or manifestly erroneous.

Foreman v. DANOS AND CUROLE MARINE CONT.

722 So. 2d 1 · Louisiana Court of Appeal · Sep 25, 1998

In the instant case, Mobil clearly exercised control over the Danos employees and their work. Michael Hanks, a Mobil employee, stated in his deposition that the Mobil supervisors, H.A. … that lacked an established legal system because it lies beyond state boundaries.

Coastal Drilling Company, L.L.C. v. Barry J. Dufrene, in His Capacity as Director of St. Mary Parish Sales and Use Tax Department and Ex-Officio Tax Collector for St. Mary Parish

198 So. 3d 108 · Supreme Court of Louisiana · Mar 15, 2016

The issue of LAC 61.I:4403’s constitutionality must be examined in light of the well-established rule of statutory construction that tax exemptions are “strictly construed in favor of the State and ‘must be clearly and … Clearly, LAC 61.I:4403 violates separation of powers and was correctly deemed unconstitutional by the lower courts.

Walker v. Aetna Casualty & Surety Co.

488 So. 2d 397 · Louisiana Court of Appeal · May 14, 1986

A person may also qualify for permanent total disability benefits as an odd lot worker. … Walker qualifies for total permanent disability as an odd lot worker under LSA-R.S. 23:1221(2).

Oliver v. Shreveport Municipal Fire & Police Civil Service Board

227 La. 1067 · Supreme Court of Louisiana · Dec 13, 1954

Court of Appeal in its opinion [ 72 So.2d 524 ] “ * * * the section provides for the constitution of the Board, prescribes its duties, grants authority to adopt and execute its own rules and regula *1074 tions, directs the establishing … The Court of Appeal believed that, since Section 15.1 was the only section in the law relating to the procedure to be followed in conducting hearings and investigations, its provisions were clearly applicable to all investigations

McCorkle v. Gulf States Utilities Co.

457 So. 2d 682 · Louisiana Court of Appeal · Oct 9, 1984

The only issue is whether defendant has established, sufficiently for purposes of summary judgment, that it is the plaintiff's statutory employer and thus insulated from tort liability under Louisiana's Worker's Compensation … After a thorough review of the record, we cannot say that the trial court was clearly wrong in concluding that the erection of utility poles is work within the regular trade, business or occupation of the *685 defendant.

Anthony v. School Board of Iberia Parish

692 F. Supp. 2d 612 · District Court, W.D. Louisiana · Feb 5, 2010

They further contend that they are each entitled to qualified immunity. All defendants additionally seek dismissal based on prescription. … The undersigned declines to address the defense of qualified immunity because this affirmative defense was not raised by the defendants in their Answer, [rec. doc. 25].

State v. King

604 So. 2d 661 · Louisiana Court of Appeal · Jun 29, 1992

Here, the explanations given by the state for peremptorily challenging the four black prospective jurors were clearly race-neutral. … Clearly, this initial showing is obviated by the holding in Powers v. Ohio. See State v.

State v. White

450 So. 2d 648 · Supreme Court of Louisiana · May 14, 1984

Clearly, an expert in drug distribution can give his opinion as to practices about which the average juror would have no competence. … In any event, the improper form was not so prejudicial as to require reversal of the conviction of this clearly guilty party.

In re Civil Service Commission Layoff Investigation

546 So. 2d 523 · Louisiana Court of Appeal · Jun 8, 1989

Since nobody in the Fire Department had been affected by prior layoffs most supervisors believed that the Department would be immune in future layoffs. … The manifest error or clearly wrong standard should be utilized in reviewing the Commission’s findings of fact. Walters, supra; Lee, supra; Sanders v.