Case law

Merrett v. Shreveport Municipal Fire & Police Civil Service Board

72 So. 2d 519 · Louisiana Court of Appeal · Apr 22, 1954

Such action is mandatory upon the written request of a qualified elector. Clearly, the language authorizes an investigation without such written request. … The position is clearly untenable.

Abs Servs., Inc. v. James Constr. Grp.

269 So. 3d 723 · Louisiana Court of Appeal · Dec 21, 2018

Second, to the extent that JCG and Continental are now claiming statutory immunity from liability, which is an affirmative defense, 1 I find such immunity claim was waived. … In this case, ABS claimed excess costs, lost profits, and the loss of its business as a result of the breach of the Subcontract by JCG. 32 Appellants argue that ABS failed to establish its claim by failing to establish a

De La Cruz v. Riley

895 So. 2d 589 · Louisiana Court of Appeal · Feb 2, 2005

The obstruction of the roadway clearly violated the principles of the zone of recovery by removing the zone of recovery afforded to drivers along the highway. … Upon sustaining the objection the court reasoned: "He will not be qualified. Mr.

Abs Servs., Inc. v. James Constr. Grp.

269 So. 3d 723 · Louisiana Court of Appeal · Dec 21, 2018

Second, to the extent that JCG and Continental are now claiming statutory immunity from liability, which is an affirmative defense, 1 I find such immunity claim was waived. … In this case, ABS claimed excess costs, lost profits, and the loss of its business as a result of the breach of the Subcontract by JCG. 32 Appellants argue that ABS failed to establish its claim by failing to establish a

McClanahan v. Wilson

District Court, M.D. Louisiana · Jul 31, 2019

Equally important, Defendants have asserted qualified immunity, and that must be determined by the jury. … Miss. 2013)(“qualified immunity only extends to the § 1983 claims for damages. . ..

Succession of Saloy

44 La. Ann. 433 · Supreme Court of Louisiana · Apr 15, 1892

It was surely too late, after the. appointments had been conferred and the appointees qualified. The lower court ruled correctly. II. … It would be cumbersome and subserve no useful purpose to enter into any elaborate inquisition to establish clearly what are actions m disavowal, actions in contestation of legitimacy, actions in reclamation and actions in

Singletary v. State Farm Fire & Cas. Co.

7 La.App. 3 Cir. 1347 · Louisiana Court of Appeal · Apr 23, 2008

In sum, the Benefit Plan satisfies all prerequisites for qualifying as an "ERISA plan" under Donovan . … Thus, because we find that the trial court was unreasonable and clearly wrong in concluding that the record did not sufficiently establish that the Benefit Plan is an "ERISA plan," we reverse that aspect of *222 its decision

Brister v. Wray-Dickinson Co.

159 So. 430 · Louisiana Court of Appeal · Mar 8, 1935

In Corpus Juris, vol. 37, p. 686, we find the following: “A wide distinction exists between pure statutes of limitation and special statutory limitations qualifying a given right. … and qualifies the nature of the right conferred.

Moore v. Central Louisiana Electric Co.

257 So. 2d 702 · Louisiana Court of Appeal · Feb 7, 1972

The documents show that neither defendant has ever qualified to do business in Louisiana or maintained an agent, office, or place of business in this state. … Those restrictions are more than a guarantee of immunity from inconvenient or distant litigation. They are a consequence of territorial limitations on the power of the respective States.

Herold v. Jefferson

172 La. 315 · Supreme Court of Louisiana · Mar 30, 1931

Litigation ensued over the transaction, the event of- which is not clearly shown by the record. … But be that as it may, we do not think that plaintiff has established her allegations of fraud. The sale from Jefferson to Rebecca Pay-single in 1907 was a bona fide transaction.

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.

Barthet v. City of New Orleans

24 F. 563 · U.S. Circuit Court for the District of Eastern Louisiana · Jul 15, 1885

The fourteenth amendment to the United States constitution forbids any state to make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, and prohibits a state from denying … By giving its permission to an individual or to a corporation, and refusing it to all others, a monopoly could be established by the favored suitor.

State of La. v. Department of Energy

519 F. Supp. 351 · District Court, W.D. Louisiana · Jul 7, 1981

The comprehensive system established by LOC was in operation, prior to the establishment of the two-tier system for regulating crude oil prices by CLC. In Grigsby v. … The only reservoir-wide LOC units that are the subject of this action require LOC approval prior to their establishment.

Frost v. Metropolitan Life Ins. Co.

635 So. 2d 706 · Louisiana Court of Appeal · Apr 8, 1994

Because we find that the factual determinations of the trial court are not clearly erroneous, we affirm. FACTS In February of 1960, Romulus J. … Plaintiff's initial burden is to establish a prima facie case of unlawful termination. The nature of the plaintiff's burden of proof at the prima facie stage is de minimis. Dister v.

Green v. City of Monroe

District Court, W.D. Louisiana · Mar 13, 2025

Instead, Green cites legal jurisprudence addressing individual capacity liability and qualified immunity. … For starters, Dixon is not a medical expert sufficiently qualified to form an opinion on Dr. Anderson’s report. See Fed. R. Evid. 702.

Nancy Cormier v. Jacob Colby Perry

Louisiana Court of Appeal · Jun 6, 2018

Cormier’s claims and asserted that any statements he made were protected speech under Article III, § 8 of the Louisiana Constitution and, therefore, entitled to qualified immunity from prosecution. … To establish that his comments were made in connection with a public issue and, therefore, privileged and immune from suit, Mr. Perry attached an affidavit executed by him.

Dennis v. the Finish Line, Inc.

781 So. 2d 12 · Louisiana Court of Appeal · Dec 22, 2000

After reviewing the evidence, we conclude the causal link to establish the liability of The Finish Line was not established. Ms. Dennis testified that Mr. … The infection overwhelms the body's immune system.

In Re Industrial Homestead Ass'n

198 So. 528 · Louisiana Court of Appeal · Nov 18, 1940

Kirsch is a duly licensed and qualified real estate agent in New Orleans, conducting his business under the trade name, *529 “Charles Kirsch & Company”. … This has been recognized in many cases and is clearly stated in Conklin v. Caffall et ux., 189 La. 301 , 179 So. 434 , in Salley v. Louviere, 183 La. 92 , 162 So. 811 , and in Barchus v.

Smith v. Police Jury

153 La. 961 · Supreme Court of Louisiana · Apr 2, 1923

It will be observed, however, that the article does not undertake to establish such districts, or to prescribe by whom drainage districts in general or in particular shall be established, or governed; and these matters therefore … (Italics ours.) " The italicized words, “in such maimer- as the Legislature may prescribe,” clearly show that section 6, when construed with reference to section 14 of article 14 of the Constitution of 1921, is not self-operative

LeFebure Corporation v. Lefebure, Incorporated

284 F. Supp. 617 · District Court, E.D. Louisiana · Apr 26, 1968

However, it is clearly reflected *621 by the record as now constituted that the defendant has not yet engaged in any business whatsoever, its sole activity thus far being its qualification to do business as a foreign corporation … The same Court also notes that “ * * * it is a prerequisite to injunctive relief that fraud be established on the part of the defendant and the burden of establishing that fraud is upon the plaintiff.”