Case law

Opinion Number

Louisiana Attorney General Reports · Apr 2, 2009

Bernard Parish Council, as a post-1974 home rule charter entity, empowered to adopt an ordinance which alters the selection and removal *Page 2 process for the hospital service district board of commissioners established … The only qualification requirements imposed by La.R.S. 46:1053 (A) are that members of the board of commissioners be qualified voters and residents of the district.

Crews v. Cappell

277 So. 2d 150 · Louisiana Court of Appeal · May 8, 1973

Petition for elections; notice of election Upon the petition of twenty-five per cent of the qualified electors or one hundred qualified electors, whichever is less, in any ward of any parish of the state the governing authority … The petition shall be signed by twenty-five per cent of the electors or one hundred qualified electors, whichever is less, of the ward qualified to vote on the date on which the first signature is attached to the petition

Nearhood v. Anytime Fitness-Kingsville

178 So. 3d 623 · Louisiana Court of Appeal · Nov 4, 2015

Nearhood qualifies as a sophisticated user of the squat machine; therefore, Mr. Nearhood cannot not satisfy the elements of his negligence claim — specifically, the element of duty — -at trial. … The trial court clearly erred in finding Sport City at fault. Id. at 1158 .

Hyde v. Planters' Bank

17 La. 560 · Supreme Court of Louisiana · Jan 15, 1841

Red-man, a notary public, .residing at Natchez, and qualified according to law to demand payment thereof, and to notify in a legal manner the said indorser; that it was the duty of the said Redman not only to notify said … he had served notice on this *341 indorser; the notary having died befoi’e the trial, and his record being so deficient as to make no legal proof of such notice, the plaintiffs remained without any evidence whatever to establish

In Re Succession of Boyter

756 So. 2d 1122 · Supreme Court of Louisiana · Jan 7, 2000

Clearly, he did not "disinherit" plaintiffs as he did not comply with the codal provisions requiring express disinherison and the reasons therefor. … in contract and tort, which established a rule that was effective without an act of the legislature.

Robinson v. Allen Parish Police Jury

5 La.App. 3 Cir. 0394 · Louisiana Court of Appeal · Dec 30, 2005

While medical evidence might be necessary to establish whether the delay in transporting Mr. … The licensing requirements clearly differentiate between its health care and professional medical services functions and its function as a provider of vehicles of transportation.

Ricks v. Louisiana Milk Commission

32 So. 2d 643 · Louisiana Court of Appeal · Nov 21, 1947

distributor as an official or representative of the Louisiana Ice and Utilities Co., Inc., his relationship to that corporation had not been shown and second, as the Governor had specifically appointed him as a producer, clearly … This commission is appointed for the purpose of supervising and regulating the buying of milk, of establishing certain methods of testing and sampling and weighing the same, of requiring licenses for such purposes, and in

Louisiana Real Estate Appraisers Board v. United States Federal Trade Commission

District Court, M.D. Louisiana · Feb 10, 2020

State-action immunity from suit is applicable when a state establishes that anticompetitive conduct is created, overseen, and guided by the state, without the influence or control of parties who have not been … To qualify for state-action immunity, a state must establish that the anticompetitive act is a clearly articulated state policy, and that such activity is actively supervised by the state.2 ([d.).

Spencer v. Dixon

290 F. Supp. 531 · District Court, W.D. Louisiana · Sep 30, 1968

March 29, 1968, this order was amended so that, upon assignment by the Louisiana Supreme Court of any other disinterested, qualified State Court judge than Judge Dixon, for hearing of the contempt citation, the order would … Defendant, Judge Dixon, has asserted by appropriate motion his immunity from such a claim, and it is the opinion of this court that his immunity clearly exists as to this claim, 9 even were it found that he acted maliciously

Allen v. Affordable Home Furnishings

14 La.App. 3 Cir. 338 · Louisiana Court of Appeal · Oct 1, 2014

The 2003 amendment also added paragraphs 3(b) and 3(c) to grant the counselor limited immunity from tort and to allow the employer to compel the employee’s cooperation in the rehabilitation process. … Thus, the legislature clearly recognized a right of the employee to challenge the quality of the vocational rehabilitation services and, consequently, set forth a procedure for resolving any disputes concerning the work of

Melder v. Sears, Roebuck and Co.

731 So. 2d 991 · Louisiana Court of Appeal · Mar 31, 1999

Carriere's testimony clearly indicates that Sears had sufficient probable cause to ask for Mr. Melder's arrest. Because Mr. … In effect, assertion of a qualified privilege amounts to rebuttal of the allegation of malice.

Morial v. Smith & Wesson Corp.

785 So. 2d 1 · Supreme Court of Louisiana · Apr 3, 2001

Section 1799 was clearly a regulation of certain tort suits by limiting the persons and entities who can recover damages. … That decision did not involve the City's immunity from legislative control.

State v. Laws

666 So. 2d 1118 · Louisiana Court of Appeal · Dec 6, 1995

Defendant argues that Lieutenant Trahan was not qualified as an expert and thus could not give an opinion on this topic. … Such evidence is insufficient to establish specific intent to distribute.

Eames v. Schedler

2016 La.App. 1 Cir. 1054 · Louisiana Court of Appeal · Aug 11, 2016

McCLENDON, J., dissenting. hTo establish candidacy for United States Congress in Louisiana, the Louisiana Election Code provides that any person desiring to become a candidate for United States senator or representative in … The provisions of Chapter 5 instruct that to qualify as a candidate for public office, a candidate is required to file a Notice of Candidacy. La. R.S. 18:461. Moreover, La.

Kohler v. Englade

365 F. Supp. 2d 751 · District Court, M.D. Louisiana · Feb 1, 2005

On this issue, the Fifth Circuit has previously held, “[i]n order to constitute a constitutional violation sufficient to overcome the qualified immunity of an arresting officer, the material misstatements and omissions in … Therefore, the omitted facts were not clearly critical to support a finding of probable cause. 2. Reliability of informants.

Tassin v. Cain

482 F. Supp. 2d 764 · District Court, E.D. Louisiana · Mar 23, 2007

Clearly, juries can be mislead in other ways. … That powerful misconception was far from the truth and easily qualifies as misleading testimony under Giglio.

Keller v. Odin Management, Inc.

716 So. 2d 962 · Louisiana Court of Appeal · Aug 19, 1998

At this point, plaintiff had established her case by a preponderance of the evidence. … However, LSA-R.S. 23:1032(B) provides an exception to this tort immunity when the employee's injury is the result of an intentional act.

Magee v. United States Postal Service

903 F. Supp. 1022 · District Court, W.D. Louisiana · Jul 31, 1995

Assuming for purposes of these motions that plaintiff is in fact an individual with a disability under the Act, this Court must then determine if the evidence submitted properly establishes plaintiffs status as a “qualified … This was clearly a proper disclosure. Plaintiffs contentions that the receipt by Don Vereher and Mike Smith of a copy of the complete medical report of Dr. Rahn Sherman can be addressed together.

Baldone v. Terrebonne Parish Registrar of Voters

2015 La.App. 1 Cir. 1356 · Louisiana Court of Appeal · Sep 21, 2015

Baldone filled out was a copy of Form # 0212, established pursuant to. La. R.S. 18:107(B). … Louisiana Revised Statutes 18:221(A) provides, in pertinent part, that the duties of the - registrar may be compelled by mandamus "at the suit of two or more qualified electors.” .

Kimble v. Moore

District Court, M.D. Louisiana · Feb 14, 2024

Therein defendants asserted that they were entitled to qualified immunity because a freestanding claim for malicious prosecution was not recognized until April 4, 2022, in Thompson v. Clark, 142 S. … Delaware, 438 U.S. 154 (1978), it has been clearly established that a defendant's Fourth Amendment rights are violated if (1) the affiant, in support of the warrant, includes “a false statement knowingly and intentionally