Case law

Adkins v. Huckabay

749 So. 2d 900 · Louisiana Court of Appeal · Dec 23, 1999

Taylor established that the registrar must have inadvertently written “Willie Lee Brooks” on Ms. Horton’s ballot. … However, the testimony and documentary evidence clearly show that the registrar simply recorded the wrong information on Ardis’s ballot slip. To hold otherwise was clearly wrong.

Collins v. Baggette

480 So. 2d 754 · Louisiana Court of Appeal · Sep 25, 1985

Baggette was not qualified under the provisions of LSA-C.C.P. 3097. A hearing was held on September 25, 1984. … Not only is this required by law, it is clearly the custom in this state. See for example Form No. 816a, Form No. 816b, Vol. 11, C.C.P. Pleadings and Judicial Forms, page 116, et seq., and footnotes thereto.

State v. Williams

343 So. 2d 1026 · Supreme Court of Louisiana · Feb 28, 1977

of wounds; and to establish the identity of the victim. … Our reading of the record does not reveal that the prosecutor created any impression one way or the other concerning a grant of immunity. Moreover, no evidence regarding immunity was ever adduced.

Medical Review Panel for the Claim of Richard Bush, Pcf No. 2018-01209 .

Louisiana Court of Appeal · Jun 2, 2021

“Prescription runs against all persons unless exception is established by legislation.” La. C.C. art. 3467. … C.C. art. 3492 or 2315.2(B) to wrongful death medical malpractice claims in circumstances where contra non valentum was argued and clearly applied.4 To that end, the Taylor Court did not have to make such a finding

State v. Brown

996 So. 2d 461 · Louisiana Court of Appeal · Sep 24, 2008

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … While the evidence in the present case did not establish actual possession of the drugs by the defendant, it is sufficient to establish constructive possession. *466 The evidence reflects that the three bags of cocaine were

Carver, Inc. v. STATE, DEPT. OF PUBLIC SAFETY & CORR.

672 So. 2d 1141 · Louisiana Court of Appeal · Apr 4, 1996

After a thorough review of the record, we cannot say that the hearing officer's findings of fact were clearly wrong or manifestly erroneous. … With regard to the term "intentional," La.R.S. 14:11 states that in the absence of qualifying provisions, the terms "intent" and "intentional" refer to general criminal intent.

State v. Garrison

244 La. 787 · Supreme Court of Louisiana · Jun 4, 1963

Privileged occasions are either absolute or ■qualified. … They are absolute when the law protects them with absolute immunity from any prosecution, either civil or criminal, although the publication may be knowingly false and with express malice.

Drury v. Kitchen

94 La.App. 4 Cir. 0410 · Louisiana Court of Appeal · Nov 17, 1994

George Hero, who was qualified as an expert in the cause and origin of fires, testified that the shed caught fire and the fire spread to Drury’s office in the main building. … Esso Plaisance, qualified as an expert in the field of the Fire Codes of the City of New Orleans, was hired by Drury to testify concerning alleged Fire Code violations. Mr.

Hook v. Georgia-Gulf Corp.

788 So. 2d 47 · Louisiana Court of Appeal · Jan 12, 2001

To establish a prima facie case under the LHRA, Hook must show: 1) he has a disability; 2) he is a qualified individual for the job in question; and 3) an adverse employment decision was made because of his disability. … The evidence does not clearly establish that Hook was substantially limited in his ability to learn despite his Ritalin treatment.

Lisa Alfano v. Lafayette City-Parish Consolidated Government

Louisiana Court of Appeal · Jun 30, 2010

Finding that exercise of discretion entitled Officer Menard and LCG to qualified immunity, the trial court granted the motion for summary judgment. … The court in White held the investigating officer had complied with La.R.S. 32:398(D) because he conducted his investigation and obtained the information from the parties actually involved in the accident, and it was clearly

Miller, Smith and Champagne v. Capital City Press

142 So. 2d 462 · Louisiana Court of Appeal · May 21, 1962

There can be no doubt that the identity of the informant could be calculated to lead to admissible evidence which would establish him as "an absolutely reliable source" or an unreliable source, and if the latter be established … "The existence of probable cause is the second requisite for invoking the doctrine of qualified privilege.

Albright v. SOUTHERN TRACE

859 So. 2d 238 · Louisiana Court of Appeal · Oct 17, 2003

A private club is immune to claims of discrimination, while a public accommodation must comply with La. Const. art. I, § 12. … That is the economic discrimination that is perpetuated against women by excluding them from the social clubs and "back rooms" where business relationships are established and deals are made.

State ex rel. Department of Highways v. Reimers

249 La. 1044 · Supreme Court of Louisiana · Dec 12, 1966

Stenographers’ fees, of course, is one of the exceptions, established by the statute itself. … The broad relief from the payment of costs established in favor of the State, its subdivisions, boards and commissions, is not otherwise qualified.

Thibodeaux v. Southwest La. Hosp. Ass'n

488 So. 2d 743 · Louisiana Court of Appeal · May 14, 1986

All of this seems to fit clearly within the Louisiana law as codified in Article 2747 of the Civil Code. "Article 2747. CONTRACT OF SERVANT TERMINABLE AT WILL OF THE PARTIES. … Furthermore, the record at this point indicates that even if the elements of defamation existed, that the qualified privilege would apply. See White v. Baker Manor Nursing Home, Inc., 400 So.2d 1168 (La.

Jones v. Black

2013 La.App. 1 Cir. 1889 · Louisiana Court of Appeal · May 2, 2014

Cameron’s | n education, training, and experience clearly qualified him as an expert as tendered in the field of obstetrics and gynecology: See Bradbury v. … Kastl are qualified to render opinions concerning whether Dr.

HOUSING AUTH. OF CITY OF LAKE CHARLES v. Pappion

540 So. 2d 567 · Louisiana Court of Appeal · Mar 15, 1989

Defendant was eligible for residency in the apartment complex because he established that he was a disabled individual under 42 U.S.C.A. § 1437a(b)(3), by reason of his paranoid schizophrenia. … New York University, supra, discussed this part of Section 504 as follows: "Turning to the Act's term otherwise qualified handicapped individual, it is now clear that this refers to a person who is qualified in spite of her

Everhardt v. City of New Orleans

253 La. 285 · Supreme Court of Louisiana · Dec 16, 1968

The Supreme Court of Rhode Island in the Lombardi case declared: “ * * * It is our unqualified judgment that the purpose sought to be achieved by requiring cyclists to wear protective headgear clearly qualified as a proper … All such safety helmets shall consist of lining, padding, visor and chin strap and shall meet such other specifications as shall be established by the Di *291 rector of Public Safety.

Brown v. Edwards

321 So. 2d 394 · Louisiana Court of Appeal · Jun 30, 1975

Article VII, Section 65 of the Louisiana Constitution provides in pertinent part as follows: “There shall be a sheriff elected by the qualified electors of each parish in the State except in the Parish of Orleans, who shall … We feel that this position is not supportable because the well established jurisprudence concerning interpretation of statutory bonds, is clearly stated by the Louisiana Supreme Court in the case of Long Bell Lumber Company

In Re Spillars

2 So. 3d 593 · Louisiana Court of Appeal · Jan 14, 2009

clearly wrong. … This determination by the trial court does not appear to be clearly wrong, and clearly was within the province of the factfinder.

Thomas Allen and Elva Allen v. State of Louisiana, Department of Wildlife & Fisheries and Devin Bryant

Louisiana Court of Appeal · Feb 5, 2025

8 qualified, statutory, and jurisprudential immunity.” … A government official has the burden of proving the defense of qualified immunity. La. Farms v. La.