Case law

Rome v. London & Lancashire Indemnity Co.

156 So. 64 · Louisiana Court of Appeal · Jun 28, 1934

They are established to promote public health and education. It is almost universally held that the establishment of departments of police, schools, health and fire by cities is a governmental function.” … That fact is clearly pointed out by the Supreme Court of California in Reliar v. City of Los Angeles, supra.

Slaughter v. Torres

District Court, M.D. Louisiana · Mar 14, 2023

To rebut Defendant's qualified immunity defense, Plaintiff must establish “(1) that [Defendant] violated a federal statutory or constitutional right and (2) that the unlawfulness of the conduct was ‘clearly established … The Fourth Amendment right to be free from false arrest is clearly established. See Club Retro, L.L.C. v.

Plotkin v. Martino

192 So. 2d 381 · Louisiana Court of Appeal · Feb 3, 1967

Accordingly, Plaintiff is clearly entitled to invoke the doctrine of res ipsa loquitur, thus shifting the burden of proof upon Defendant to establish his son's freedom from negligence. Adams v. … Furthermore, the Independent Appraisal Company's man was qualified as an expert, and Mr. Warren (the mechanic) acknowledged that it is common practice for repair shops to accept Independent Appraisal's estimates.

Smith v. Riley

424 So. 2d 1166 · Louisiana Court of Appeal · Dec 21, 1982

The article clearly provides in the first sentence that "(t)he congregation shall elect a board of trustees...". … Clearly, the pastor usurped the authority given to the congregation in this article.

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

State v. Mitchell

598 So. 2d 1271 · Louisiana Court of Appeal · Apr 30, 1992

The judge was clearly acting within his discretion. … The cocaine was properly admitted into evidence; the chain of custody was established; and a qualified expert testified that the substance was in fact cocaine.

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.

In Re Richmond

996 So. 2d 282 · Supreme Court of Louisiana · Dec 2, 2008

The respondent purchased property located at 4809 Eastview Drive, New Orleans, Louisiana in 1996 and shortly thereafter established a residence at that address. … Considering that all of respondent's prior candidacy notices listed the Eastview Drive address as his domicile, the committee found "the switch to Lomond Rd. was clearly made knowingly." [2] As respondent was aware, this

State v. Mead

16 So. 3d 470 · Louisiana Court of Appeal · Jul 1, 2009

Jurisprudence indicates that the trial court must be clearly and firmly convinced that the mandatory life sentence is excessive. … R.S. 15:308 are only available to qualified persons once their convictions and sentences are final, and the statute only allows a qualified person to seek relief with the Risk Review Panel, not with the judiciary.

Stevens v. Stevens

340 So. 2d 584 · Louisiana Court of Appeal · Nov 15, 1976

Linda Marie Floyd, clinical psychologist qualified as an expert, testified that she had interviewed Mrs. Stevens on two occasions. She concluded that Mrs. … were presented to counter the application of the maternal preference rule: (1) The children have been living with the father for a period of some five years since the separation; *588 (2) The father has since remarried and established

Thibodeaux v. Paradigm Ins. Co.

96 La.App. 1 Cir. 0375 · Louisiana Court of Appeal · Feb 20, 1998

The petitioner sought a declaratory judgment against the Louisiana Patient's Compensation Fund (PCF) on the issue of qualified healthcare coverage pursuant to the Louisiana Medical Malpractice Act. … The interest of justice in this extreme case clearly requires that the legal error at the trial court level be addressed. Louisiana Rules of Court, Rule 1-3.

Colchoneria Jiron v. Blumenthal Print Works

629 So. 2d 1288 · Louisiana Court of Appeal · Dec 16, 1993

The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator. … The preponderance of all the evidence taken together did not establish the fact that the defect was caused by [the] fault of Blumenthal."

Dalton v. Wickliffe

35 La. Ann. 355 · Supreme Court of Louisiana · Mar 15, 1883

That the transfer from Hill to Nibling was inoperative because, although the latter was appointed curator, he never caused an inventory to be made, never qualified by taking oath or giving bond as required by law, which were … We are bound to find his rights, if they exist, in the will and not in an ex parte order of a court. .■ The will is clearly defective in the respects heretofore mentioned.

Thrift Funds Canal, Inc. v. Foy

242 So. 2d 253 · Louisiana Court of Appeal · Dec 7, 1970

The question at hand is more specific and calls only for a determination of whether the 1963 “conventional” mortgage qualifies as such an instrument notwithstanding the lack of express provision for future use. … mortgage does not contain the stipulation that it should regarding future advances, it may yet be construed to embrace them as a consideration; but, as between a transferee of a mortgage and a third person, the former cannot establish

Jones v. Henry

533 So. 2d 1279 · Louisiana Court of Appeal · Nov 9, 1988

twenty-five motor vehicles are registered or who owns property in Louisiana assessed in his name having a value of fifteen thousand dollars or more after deducting any encumbrances thereon from its assessed valuation may qualify … On the contrary, the insureds accepted uninsured motorist coverage at bargained for limits as established by their contract with Hartford. For the foregoing reasons, the judgment is affirmed.

State v. Adams

369 So. 2d 1327 · Supreme Court of Louisiana · Apr 9, 1979

The 1974 Louisiana Constitution mandated the legislature "[to] provide for a uniform system for securing and compensating qualified counsel for indigents." La.Const. of 1974, Art. 1, § 13. … By Act No. 653 of 1976, R.S. 15:141-149, the legislature established a state-wide indigent defender system.

Knippers v. Lambard

620 So. 2d 1368 · Louisiana Court of Appeal · Jun 23, 1993

Our review of the record reveals that the plaintiff did not establish her claim that she was unaware of her damage until August, 1988. … Brookshire Grocery Company d/b/a Super One, 618 So.2d 587 (La.App. 2d Cir.1993), which is clearly distinguishable from the facts of the instant case.

Chiel Kimble v. Curahealth New Orleans LLC

Louisiana Court of Appeal · Dec 1, 2021

The trial court did not err by finding that the medical expert established the standard of care. Further, the trial court’s finding that plaintiff established a prima facie case was not manifestly erroneous. … Songy established the standard of care and that Mr. Kimble produced evidence sufficient to establish that he would likely prevail at a trial on the merits.

Mazoue v. Traina (In re Mazoue)

240 B.R. 878 · District Court, E.D. Louisiana · Oct 22, 1999

The first sentence of Section 1(A) of Title 20 describes what properties will qualify as a “bona fide homestead.” The next four sentences clearly describe the limits of the exemption. … It is well-established that “a statute is to be considered in all its parts when construing any one of them.” Lexecon, Inc. v.

Fort Miro Subdivision Partnership D/B/A Fort Miro v. Cary Gix

Louisiana Court of Appeal · Apr 14, 2021

of the rent at a qualifying housing facility. … STANDARD OF REVIEW The standard of review for a judgment of eviction is clearly wrong/manifestly erroneous. Housing Authority of New Orleans v. Haynes, 14-1349 (La.