Case law

Blanchard v. Rand

781 So. 2d 881 · Louisiana Court of Appeal · Mar 2, 2001

As in this case, the title that establishes a servitude for the benefit of the dominant estate may also establish a servitude on the dominant estate for the benefit of the servient estate. *884 Article 707 of the Civil Code … The language clearly states that the tracts cannot be divided so as to have two residences instead of one. In this case the tracts were clearly resubdivided for the purpose of having two separate residences.

State v. Whatley

858 So. 2d 751 · Louisiana Court of Appeal · Nov 5, 2003

Thus, we find the Defendant's argument that his status as coowner immunized him from criminal liability for simple criminal damage lacks merit. … could be appointed to represent you if you qualify.

Turner v. State

137 So. 2d 456 · Louisiana Court of Appeal · Jan 31, 1962

Inasmuch, however, as the exception is, in our opinion, clearly without merit, we may briefly assign reasons therefor. … Nor do the facts established to have existed in this case support defendant's position. The employee of defendant was engaged in work on a roadside park and not upon the surface of a highway.

Otkins v. Gilboy

District Court, E.D. Louisiana · Mar 13, 2024

Immunity, finding that all of the Defendants were entitled to qualified immunity on the basis that no violation of Otkins’ Fourth Amendment rights had 5 R. … the qualified immunity discovery period, the Defendants filed a Rule 56 Motion for Summary Judgment in Support of Qualified Immunity asking the Court to find that the Defendants are entitled to qualified immunity and to

Crescent City Surgical Care Centre Facility, LLC v. Beverly Industries, LLC

162 So. 3d 1254 · Louisiana Court of Appeal · Mar 25, 2015

To hold otherwise, any hospital may “establish outlier status and entitlement to 85% of the billed charges simply by consuming resources in excess of the reimbursement rate established by OWCA.” … Winn-Dixie, 10-2205, p. 7, 68 So.3d at 1191 . luIn the instant matter, the record clearly establishes that, while a three-level fusion is a serious and complicated surgery, there was nothing about Mr.

Hartec Corp. v. GSE Associates, Inc.

2010 La.App. 1 Cir. 1332 · Louisiana Court of Appeal · Feb 24, 2012

clearly wrong or manifestly erroneous. … R.S. 9:2771 providing for contractor immunity.

Nguyen v. Weston

2009 La.App. 4 Cir. 0571 · Louisiana Court of Appeal · Sep 9, 2009

The site of the accident was clearly owned by Sundown and being operated by Eland. These particular facts are neutral as to a finding of borrowed servant. *553 7. Length of time. … Nguyen was a borrowed servant is inapplicable to the facts of this case because borrowed servant immunity only arises pursuant to the LWCA.

Robin v. Hebert

12 La.App. 3 Cir. 1417 · Louisiana Court of Appeal · May 1, 2013

Causation is clearly articulated as a requirement to overcome summary judgment. … Immediately thereafter, Plaintiffs were informed that Hebert and Boyer’s were not *69 qualified for the panel review.

Graham v. Jones

198 La. 507 · Supreme Court of Louisiana · Jun 30, 1941

Thus it is clearly shown that each proposition was distinct from the other and either could have been submitted to the people and voted upon without affecting the other. … to a suit of this character, even though he received, a majority of the qualified votes.”

Conway v. Imperial Life Ins. Co.

207 La. 285 · Supreme Court of Louisiana · Jan 15, 1945

the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due from the deceased, the debts due to the United States shall be first satisfied; and the priority established … Court in the Knott case, is clearly indicated by the following statement in the court’s opinion: “No one was appointed trustee; and, at the time of the deposit, there was no ascertainable beneficiary.”

Gibson v. Hearn

164 La. 65 · Supreme Court of Louisiana · May 23, 1927

On July 22, 1922, plaintiff qualified as the natural, tutrix of her minor daughter, Mary Arnold Hearn, and the said O. J. Hearn was appointed and qualified as undertutor to said minor. … They clearly show an intention to give, consummated by a real delivery. The title of the money in the Haynes-ville Bank was undoubtedly in Mrs. Susan J. Hearn.

Dresser v. Recreation & Park Commission of Parish

213 La. 85 · Supreme Court of Louisiana · Feb 16, 1948

policy of the law, or the settled policy of the state, in so far as it may throw light on the legislative intention, and that a statute should be interpreted in the light of, and to effectuate, such policy, where it is clearly … deducible from consistent acts of the legislature, or where the statute is a part of other legislation designed as a whole to establish an expressed state policy.

Vehrs v. Jefferson Insurance Company

168 So. 2d 873 · Louisiana Court of Appeal · Jan 21, 1965

Under these circumstances the jurisprudence is well established that the judgment of the trial court is presumed to have been based upon sufficient evidence and to be correct. Clark v. … In the legal sense, a person's domicile is the place where he has his permanent home or principal establishment, to which place he has, whenever he is absent, the intention of returning.

Landry v. Physicians Practice Management

783 So. 2d 619 · Louisiana Court of Appeal · Apr 4, 2001

Landry due to her weakened immunity. Mrs. Landry testified at trial that she felt she could not work because of the fatigue, fever, swollen glands and other aches and pains associated with her EBV infection. … Accordingly, we do not find the workers' compensation judge was manifestly erroneous or clearly wrong in awarding penalties and attorney fees. IV.

Wackenhut Corrections Corp. v. Bradley

685 So. 2d 661 · Louisiana Court of Appeal · Dec 26, 1996

Our supreme court expanded on the application of the manifest or clearly wrong standard in Rosell v. … LeGros' statement qualified as discrediting evidence on Ms. Bradley's version of the incident. Again, we agree. Wackenhut additionally contends that Ms.

Covington Pontiac-Buick-GMC Trucks, Inc. v. AAA Sewer & Water Fabrication & Service, LLC

873 So. 2d 56 · Louisiana Court of Appeal · Feb 13, 2004

Additionally, the account established at Hibernia National Bank as the registry of the court is entitled "St. … Additionally, I find no merit to the argument that the clerk is entitled to immunity pursuant to LSA-R.S. 13:760 under the facts presented herein.

Taylor v. City of Baton Rouge

39 F. Supp. 3d 807 · District Court, M.D. Louisiana · Aug 25, 2014

Third, the grounds for default judgment against Defendants are clearly established, as outlined by the Court above. … Whether Defendants are entitled to qualified immunity, as urged by Defendants in their memorandum in opposition to the instant motion, is more appropriately argued in a Rule 12 motion, and is irrelevant to the resolution

State v. Finch

730 So. 2d 1020 · Louisiana Court of Appeal · Feb 24, 1999

Rather, the court simply found that the evidence established the prior convictions. … The trial court simply stated that defendant "qualifies," indicating that defendant qualified as a third-felony offender under La. R.S. 15:529.1(A)(2)(b)(ii).

State v. Bunger

14 La. Ann. 461 · Supreme Court of Louisiana · May 15, 1859

Let us add that of these four jurors, the only one who sat in the case was Henry Maddox, who was clearly qualified to do so. … Stone, a juror in this case, was not challenged for cause, although it appears that he was not qualified to serve.

Fairley v. Murphy Exploration & Production Co.

58 F. Supp. 3d 641 · District Court, E.D. Louisiana · Nov 5, 2014

moves for summary judgment pursuant to Federal Rule of .Civil Procedure 56, dismissing the plaintiffs claim on the ground that the plaintiff was a “borrowed employee” of Murphy at the time of his injury and that Murphy is immune … Hearsay evidence and un-sworn documents that cannot be presented in a form that would be admissible in evidence at trial do not qualify as competent opposing evidence. Martin v. John *643 W.