Case law

State v. Thomas

50 La. Ann. 148 · Supreme Court of Louisiana · Dec 28, 1897

The duty had been performed although there was no record evidence, as there should have been, establishing that it had been performed. … The trial judge has authority and discretion with which it is not our duty, nor only inclination to interfere, unless it clearly appears that he has acted arbitrarily and without due regard to the rights of the defendant.

City of New Orleans v. Cazelar

27 La. 156 · Supreme Court of Louisiana · Feb 15, 1875

It is at least one that is never clearly and satisfactorily removed. … But the equivalent in such a case is conjectural and never is settled upon by a concurrence of opinion even among those best qualified to determine the question.

Melerine v. O'Connor

2013 La.App. 4 Cir. 1073 · Louisiana Court of Appeal · Feb 26, 2014

As Darren and Regina both testified at trial that they were never married, the record is devoid of evidence establishing that Regina qualified as a “household family member” or that her personal property was otherwise covered … establish her entitlement to any portion of the insurance payment made to Darren.

Spragio v. BOARD OF TRUSTEES OF EMP. GROUP BENEFITS PROGRAM

468 So. 2d 1323 · Louisiana Court of Appeal · Apr 16, 1985

Additionally, by Acts 1972, No. 135 § 1, the legislature clearly defined "retirement benefit" as "an annuity for life paid in equal monthly installments." LSA-R.S. 42:543(25). … Pursuant to this Executive Order, the Commission of Administration did establish a uniform group plan of life and health insurance for state employees....

State v. Selman

300 So. 2d 467 · Supreme Court of Louisiana · Jun 10, 1974

This clearly left to the uncontrolled discretion of the jury the determination whether the defendant committing a particular capital crime should die or be imprisoned. … According to the testimony of the victims, they spent enough time in an area sufficiently lighted to clearly see their assailant on the night of the crime.

Addington v. Bayou Dorcheat Correctional Center

District Court, W.D. Louisiana · Mar 31, 2022

Page 18 of 28 The next step in the qualified immunity analysis requires Plaintiffs to establish whether the right was clearly established. … Houston, 964 F.3d 374, 385 (Sth Cir. 2020) (citations omitted) (citing pre-2018 cases for clearly established law). Accordingly, Sergeant Wells is not entitled to qualified immunity at this stage. iv.

Lewis v. Exxon Corp.

417 So. 2d 1292 · Louisiana Court of Appeal · Jun 29, 1982

In reaching its decision, the trial court found that Exxon was the statutory employer of Lewis under LSA-R.S. 23:1061, and as such entitled to tort immunity under LSA-R.S. 23:1032. … In his argument, the appellant states that "Litt (principal's employee) is immune to claims by Lewis (contractor's employee), but Lewis is not immune to claims by Litt.

Martinez v. Wilson

2015 La.App. 1 Cir. 0384 · Louisiana Court of Appeal · Dec 17, 2015

On May 27, 2014, Wilson filed an exception, asserting insufficiency of citation,, insufficiency of service of process, and lack of personal jurisdiction and filed a motion for new trial, asserting that the judgment was clearly … Howev *69 er, given that Martinez failed to establish how he was qualified to render that medical opinion, his testimony is clearly hear? say and therefore inadmissible. See La. C.E. art. ,801.

Board of Health v. Susslin

132 La. 569 · Supreme Court of Louisiana · Dec 16, 1913

board of health, appearing as amici curiae, see it as clearly the other way. … The state board shall have supervisory power over all local quarantines so established.

State v. Casillas

393 So. 2d 694 · Supreme Court of Louisiana · Jan 26, 1981

Clearly, the officers had a right to stop the defendant after they observed his expired inspection sticker and he attempted to elude them. … training and experience qualified him to draw such a conclusion from his observations.

State v. Guin

212 La. 475 · Supreme Court of Louisiana · Nov 10, 1947

their verdict, we do not think the mere fact that an accused is under 17 is an element or a determining factor in the establishment of the crime of murder. … 'Clearly, therefore, this ruling is correct. For the reasons assigned, the conviction and sentence are affirmed.

Opinion Number

Louisiana Attorney General Reports · Mar 12, 1998

, unequivocally and affirmatively established." … Consequently, the converted home also owned by the husband or wife and occupied by the adult child would not qualify for a second homestead exemption.

Boise Cascade Corp. v. Dean

99 La.App. 3 Cir. 1356 · Louisiana Court of Appeal · May 3, 2000

La.R.S. 23:1208, the provision upon which the hearing officer relied, provides in pertinent part: § 1208 Misrepresentations concerning benefit payments; penalty; civil immunity A. … The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents. La. Const. art.

Beard v. Grey Wolf Drilling Co.

0 La.App. 3 Cir. 345 · Louisiana Court of Appeal · Nov 2, 2000

Grey Wolf and the other Defendants filed a motion for summary judgment, asserting an employer's statutory immunity defense, which the trial court granted. We affirm. … Finally, neither the allegations that Grey Wolf was aware of the danger and failed to remedy it, nor the recitation of subsequent OSHA violations, are sufficient to establish an intentional act under the law.

Payton v. Progressive Security Insurance Co.

2010 La.App. 4 Cir. 1644 · Louisiana Court of Appeal · May 25, 2011

Progressive argued that the “expert” was not qualified to make those determinations based on his education and experience, and never physically examined the motorcycle in question. … that the fact finder is clearly wrong or manifestly erroneous.

Lasyone v. Kansas City Southern RR

786 So. 2d 682 · Supreme Court of Louisiana · Apr 3, 2001

Moreover, DOTD submitted no evidence to establish what the slope of the embankment was at the time of the accident. … The constitutionality of this statute was called into question as an abrogation of sovereign immunity contained in Article XII, § 10(A) of the Louisiana Constitution.

Johnson v. DEPARTMENT OF HEALTH & HOSPITALS

808 So. 2d 436 · Louisiana Court of Appeal · Feb 16, 2001

The Commission's finding of fact should not be reversed unless clearly wrong or manifestly erroneous. Marcantel v. Department of Transp. and Development, 590 So.2d 1253, 1255 (La.App. 1st Cir.1991). … Applicants were allowed to take the qualifying test." The testimony of Lori Fakier, in response to Johnson's questioning, supports this finding.

State v. George

371 So. 2d 762 · Supreme Court of Louisiana · May 21, 1979

Questionnaires are then sent out to these persons to determine who are qualified to serve as jurors. … After the questionnaires are returned, the names of qualified persons are placed in a jury box from which the *764 general venire is drawn.

Quinn v. GGS, L.L.C.

3 La.App. 5 Cir. 682 · Louisiana Court of Appeal · Dec 9, 2003

Gene Moody, a professional engineer, was qualified as an expert in the field of accident reconstruction, forensic engineering and safety engineering. … LA.CODE EVID. art. 302(4) defines an inference as “a conclusion that an evidentiary fact exists based on the establishment of a predicate fact.”

Mouton v. State Department of Social Services, Office of Community Services

2000 La.App. 1 Cir. 0397 · Louisiana Court of Appeal · Feb 16, 2001

Even applying the more relaxed evidentiary standards recently established in Chaisson , the absence of evidence by state witnesses to support or establish the basis for the decision to decertify makes it impossible to determine … Clearly, the Department was required to submit competent evidence before the administrative tribunal to satisfy its burden of proof.