Case law

Young v. Marsh

86 So. 3d 42 · Louisiana Court of Appeal · Jan 25, 2012

R.S. 42:1441.3(F), the MPPJ is immune from vicarious liability when one of its volunteer firefighters negligently injures another when responding to a fire simply because that volunteer happens to be employed by another political … The fire chief of the City of Tallulah determined which individuals were qualified to be volunteers and were allowed to answer calls as volunteer firefighters. Some of these individuals, like Mr.

C.M.J. v. L.M.C., Wife of C.M.J.

156 So. 3d 16 · Supreme Court of Louisiana · Oct 15, 2014

money to live, which was not based on fact, as was established at trial hereof. … Her interview was not a “forensic interview,” and although she testified she uses interviewing techniques that “come from forensic interviewing,” the evidence established her interviews with all of the children clearly do

Opinion Number

Louisiana Attorney General Reports · Mar 17, 2010

The Roth court explained the nature of a property right in the following passage: To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. … While a qualifying student is eligible to receive a TOPS award for eight semesters (or twelve terms as applicable), he or she is not automatically entitled to the award for each semester.

Phi Ngo and Xuan Trinh Versus Mark Spears Through the Office of Attorney General Jeff Landry

Louisiana Court of Appeal · Jun 29, 2022

Spears is entitled to judicial immunity. … A public officer’s failure to qualify under La. R.S. 42:141 will not vitiate his acts if he fulfills the requirements of a de facto officer. Cossich v. Plaquemines Par. Gov’t, 09-1522 (La.

Williams v. Champion Ins. Co.

590 So. 2d 736 · Louisiana Court of Appeal · Nov 13, 1991

The association shall perform its functions under a plan of operation established and approved under R.S. 22:1383 and shall exercise its powers *740 through a board of directors established under R.S. 22:1381." … Also, under La.R.S. 22:1391, LIGA has immunity for any action taken by it regarding its powers and duties.

LeBlanc v. Barry

771 So. 2d 696 · Louisiana Court of Appeal · Aug 30, 2000

This fund is established and regulated as a special fund for the benefit of successful malpractice claimants. … The statute and jurisprudence clearly contemplate that the PCF has an interest in the appellate process. See R.S. 40:1299.44(C)(6).

J. Manoco, Inc. v. State, Louisiana Gaming Control Board

98 La.App. 1 Cir. 1412 · Louisiana Court of Appeal · Dec 28, 1999

Lucky's was no longer a qualified truck stop as defined in La. R.S. 27:306 A, is subject to the manifest error/clearly wrong standard. See Carver, Inc. v. … However, the record clearly establishes that counsel for Mr. Lucky's was in attendance and participated in the appeal before the Board. Mr.

Louisiana State Board of Optometry Examiners v. Pearle Optical of Alexandria, Inc.

177 So. 2d 164 · Louisiana Court of Appeal · Jul 1, 1965

That new corporation, of course, is one of the defendants in this suit, and, as we have already pointed out, it clearly is an alter ego of Pearle Optical, Inc. … We believe that such an advertisement not only relates to price, but that it also constitutes “bait advertising,” in that such an offer clearly is made and published to induce the public to patronize that establishment solely

Williams v. Louisiana State University and Agricultural and Mechanical College

District Court, M.D. Louisiana · Nov 29, 2022

the defense of qualified immunity for the first time in his Reply brief. … Palermo did not raise qualified immunity in his Motion.52 To the contrary, he conceded that Williams’ individual capacity claim against him was viable at the Rule 12(b)(6) stage, and he cannot raise the qualified immunity

Terrell v. Terrell

151 So. 661 · Louisiana Court of Appeal · Jan 3, 1934

Terrell, qualified as administrator of his son’s succession December 12, 1932, as shown in probate proceedings No. 3862, this court. … The evidence which the court states it considered, although not admissible, to our mind clearly establishes the fact that, at the time.of the death of plaintiff’s husband, she was in necessitous circumstances, and in fact

In Re Beco, Inc.

46 B.R. 563 · United States Bankruptcy Court, W.D. Louisiana · Feb 14, 1985

The evidence presented clearly leads this Court to the conclusion that Patrick L. Booker actually provided the services to which he is seeking compensation. In fact, Mr. … Booker doesn’t qualify as a disinterested person for the purposes of Section 327(a), and (5) Mr. Booker qualifies as a professional person for the purposes of Section 327.

State ex rel. Rogers v. Louisiana State Board of Optometry Examiners

103 So. 2d 512 · Louisiana Court of Appeal · May 26, 1958

The purpose of the testimony of this witness was intended to establish the necessity for the adoption of the resolution in question, and Dr. … of unethical practices, specifically the advertising of business enterprises allegedly practicing optometry and the lending of the name of licensed practitioners to other persons representing themselves to the public as qualified

In Re Orso

219 B.R. 402 · United States Bankruptcy Court, M.D. Louisiana · Mar 23, 1998

Clearly, therefore, the Louisiana statutory law does not establish the distinction between an annuity and an annuity that is also an account ■receivable. 2. … contracts would qualify as an annuity and that is clearly not what the McCollam decision requires.”

Murray v. Haspel-Kansas Investments

395 So. 2d 453 · Louisiana Court of Appeal · Feb 5, 1981

He stated, in those reasons, plaintiff failed to establish "that there was anything wrong with those bricks." … His testimony has little relevancy since plaintiff clearly fell on the walkway and not on the curb or near the curb.

State v. Carouthers

618 So. 2d 880 · Supreme Court of Louisiana · May 24, 1993

Documents provided by Texas authorities established that the latter two convictions involved conduct charged as part of the same transaction. … R.S. 14:27; 14:62.1 did not qualify as one of the enumerated offenses under subsection A(2)(b).

State v. Morgan

34 So. 3d 1127 · Louisiana Court of Appeal · Apr 14, 2010

The state clearly established that the three victims were over the age of 65 on the night of the sexual assaults. J.C. stated in her own testimony that sexual acts were perpetrated upon her without her consent. … From the defendant’s location by the tree, one could see clearly into the house, and specifically, could clearly see the resident.

Price v. Irons

District Court, E.D. Louisiana · Apr 2, 2020

Given that the Court has found the judge has absolute immunity, the Court does not proceed to consider defendant’s argument in the alternative that he also has qualified immunity.23 … Miller, 519 F.3d 231, 239 (5th Cir. 2008) (“In evaluating a motion to dismiss a state claim on the grounds of qualified immunity, federal courts must apply the state’s substantive law of qualified immunity.”

Kathleen Welch and Carroll Dewayne Welch Versus United Medical Healthwest-New Orleans, L.L.C. and United Medical Healthcare Inc.

Louisiana Court of Appeal · Jun 13, 2024

Welch’s treating physicians; however, the PCF notified plaintiffs that United Medical was not a qualified healthcare provider. … Plaintiffs also argue that the broad immunity that La.

Epps v. Society of the Holy Family

583 So. 2d 1216 · Louisiana Court of Appeal · Jul 16, 1991

Plaintiff presented the testimony of Robert Lipp, qualified as an expert in the field of mechanical engineering. … Vanderbrook, also qualified as an expert in the field of mechanical engineering. Vanderbrook inspected the ladder and *1218 stated that it appeared to be in generally good condition.

Murray v. Department of Police

97 La.App. 4 Cir. 2650 · Louisiana Court of Appeal · May 27, 1998

Acknowledging the appointing authority's burden of proof as a preponderance of the evidence, the court reiterated, "Although the facts must be clearly established, they need not be established beyond a reasonable doubt as … Clearly, Blappert does not so hold. Indeed, the Blappert court noted that a qualified representative of MMU could have testified in place of the unavailable collector.