Case law

Chase v. Dunbar

185 So. 2d 563 · Louisiana Court of Appeal · Apr 4, 1966

Assuming, as argued by defendant, plaintiff initially assisted Dunbar in pouring gasoline into the carburetor of the stalled automobile, the record clearly establishes that at the time of the accident plaintiff was totally … Nor is it shown whether or not they were qualified auto mechanics. Dunbar's testimony is to the effect he assumed the individuals were competent mechanics who knew their trade.

Turner v. City of Shreveport

437 So. 2d 961 · Louisiana Court of Appeal · Aug 15, 1983

The central issue presented on this appeal requires an interpretation of that clause of La.R.S. 33:1992 which directs municipalities above a specified population level to grant fire department employees qualified thereunder … An affirmative answer was given, as clearly required by the 1968 amendment to Section 1992. Defendants here do not dispute this.

Wilson v. Chart House, Inc.

442 So. 2d 1263 · Louisiana Court of Appeal · Dec 8, 1983

Negligence is established clearly, Dixie Drive It-Yourself System v. American Beverage Co., [ 242 La. 471 ], 137 So.2d 298 . But the demonstrated negligence of Hugh Walter Wilson is equally compelling. … Olin Dart, who was qualified as an expert in the field of traffic engineering, highway safety and accident reconstruction, specifically indicated that the speed of the decedent’s motorcycle had to be no less than 55 miles

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.

Cannatella v. Cougle

12 La.App. 5 Cir. 610 · Louisiana Court of Appeal · May 16, 2013

Cou-gle’s liability was established; (2) Dr. … Causation for, and damages above $100,000 are issues which, pursuant to clearly established law, were simply not before the trial court in the summary judgment proceeding at issue.

State Ex Rel. Ward v. Board of Sup'rs of Elections

186 La. 949 · Supreme Court of Louisiana · Mar 22, 1937

Ward, relator here, qualified as a candidate for the office of Mayor before the Democratic Executive Committee for the City of Alexandria and submitted to the chairman of that committee a list of qualified electors to be … Clearly this case has no application here. Plaintiff in that case claimed that he had been nominated as a candidate for a certain office.

State v. Mosley

8 La.App. 5 Cir. 1318 · Louisiana Court of Appeal · May 12, 2009

No one had ever previously attempted to qualify him as an expert in the field of narcotics. … Even so, the court concluded that the record clearly supported the fact that the agent possessed the requisite specialized knowledge in order to offer an expert opinion regarding the dosage *715 amounts in which cocaine is

Opinion Number

Louisiana Attorney General Reports · Jan 14, 1997

Dear Representative McDonald: You have requested an Attorney General Opinion relative to the sale of a hospital facility owned by a duly established hospital service district. … Can a hospital owned by a duly established hospital service district be sold ? 2.

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.

Basco v. Avoyelles Parish School Board

93 La.App. 3 Cir. 1605 · Louisiana Court of Appeal · Jun 1, 1994

SUPPLEMENTAL EARNINGS BENEFITS To qualify for Supplemental Earnings Benefits, a claimant must prove by a preponderance of the evidence that a work related injury resulted in his inability to earn wages equal to 90% or more … Likewise, the finding that the efforts of the School | sB oar d and LIGA to establish the availability of jobs in the geographic area were inadequate is reasonable and supported by the record.

State v. Edwards

232 La. 577 · Supreme Court of Louisiana · Apr 1, 1957

Murphy answered further questions by counsel for defendant that it was his personal opinion that a member of the colored race was his complete equal under and before the law and entitled to ail of the rights, privileges and immunities … “The court is of the opinion that the evidence clearly establishes that at no time after the defendant’s arrest and while he was being interrogated was he subjected to anything of a character to force or induce a confession

State v. Jenkins

949 So. 2d 563 · Louisiana Court of Appeal · Jan 24, 2007

The six rocks on the night stand are clearly imputable to Jenkins. Less obvious is our conclusion that Jenkins had ample access to the firearm. … The record is bereft of any meaningful information about the crime situation at the Windsor Inn and in the area around the establishment.

Jones v. Allstate Ins. Co.

619 So. 2d 111 · Louisiana Court of Appeal · May 28, 1993

Davis so as to qualify as an insured pursuant to the terms of a policy issued to the insured Charles C. Davis by the defendant Allstate Insurance Company. … Because the mover has the burden of establishing that no material factual issue exists, inferences to be drawn from the underlying facts contained in the materials before the court must be viewed in the light most favorable

Campbell v. New Orleans Saints

12 La.App. 5 Cir. 886 · Louisiana Court of Appeal · May 16, 2013

Evidence presented at the hearing before the Office of Workers’ Compensation (OWC) judge established that Mr. Campbell did volunteer coaching work for several months after his injury. … Before addressing these issues, we first note that under the CBA, the Saints qualified for the 25 weeks of credit against compensation which might have been owed. Since Mr.

Jones v. Robertson

429 So. 2d 510 · Louisiana Court of Appeal · Mar 9, 1983

The trial court ruled that the May 1, 1981 document met the requirements of an olographic will and qualified as an enforceable codicil, revoking the statutory will bequest to Matthew and Marvin Jones, thereby allowing them … For a document to be given testamentary effect, it must be clearly established that it is a disposition of last will and has testamentary character.

Abram v. Epec Oil Co.

936 So. 2d 209 · Louisiana Court of Appeal · Jun 28, 2006

R.S. 23:1032 was to extend to the executive officers of an employer the immunity already enjoyed by the employer under the section. … We find nothing manifestly erroneous or clearly wrong in this finding.

Kingsman Enterprises, Inc. v. Bakerfield Elec. Co., Inc.

339 So. 2d 1280 · Louisiana Court of Appeal · Nov 15, 1976

However, it should be kept in mind that in Louisiana the concept of the separation of the corporate entity from its shareholders is the general rule and is firmly established. … So long as the corporate existence is maintained, immunity from liability of even a sole stockholder is the same as if there are many stockholders.

Sanford v. Middlebrooks

254 F. Supp. 914 · District Court, E.D. Louisiana · Jun 3, 1966

His alleged claim that the prosecutor used perjured testimony to establish motives has not yet been presented to the state court for its consideration, and, therefore, may not be considered by the Court at this time, Petitioner … proper state court>the Petitioner has exhausted avail-ab^e state remedies, and, consequently, these matters are properly before this Court. a review of the transcript of the sJ:ate court Proceedings had against petitioner clearly

State v. Edwards

750 So. 2d 893 · Supreme Court of Louisiana · Jul 2, 1999

Inasmuch as a mandatory mistrial was not required and the misconduct occurred during the guilt phase where defendant's identity was clearly established beyond a reasonable doubt, I concur in the decision. … R. at 1842. [8] The assignments of error not discussed in this opinion do not represent reversible error and are governed by clearly established principles of law.

State v. White

535 So. 2d 929 · Louisiana Court of Appeal · Sep 21, 1988

She has also been qualified as an expert before. In State v. Abram, supra , this court found Ms. … Armstrong's qualifications adequate to qualify her as an expert in the detection and identification of Pentazocine, and we find no abuse of discretion in the trial judge's finding that she is also qualified to detect and