Case law

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.

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.

State v. Dronet

721 So. 2d 1038 · Louisiana Court of Appeal · Nov 4, 1998

Vincent was exiting the store, a car sped to a stop in front of the establishment and a young man jumped out and ran toward Mr. Vincent. As the two men began to struggle, the assailant attacked Mr. … No immunity agreement was offered to Warren to obtain the statement implicating the defendant.

McWaters v. Federal Emergency Management Agency

408 F. Supp. 2d 221 · District Court, E.D. Louisiana · Jan 12, 2006

Analysis The Government’s primary defense is sovereign immunity. … Clearly the economic status of those in the hotels is in general far less than those victims not in hotels.

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.

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

Frensley v. Gravity Drainage District No. 5

180 So. 2d 743 · Louisiana Court of Appeal · Nov 30, 1965

This criteria of balancing the utility of the hazard against the foreseeable harm to children, although not stressed in the Saxton case, is now well established in the law of attractive nuisance. In Holland v. … We think clearly this argument does not affect the outcome of this suit.

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.

State ex rel. Labauve v. Michel

121 La. 374 · Supreme Court of Louisiana · Apr 18, 1908

Articles 1 and 2 of our Constitution are those which declare that government is established for the good of the people, and that no one shall be deprived of life, liberty, or property without due process of law. … The right of the Legislature to adopt a regulation by which voters not qualifying by party affiliation may be excluded from primaries has been often recognized. Kenneweg v.

Kendall v. State Ex Rel. Department of Highways

168 So. 2d 840 · Louisiana Court of Appeal · Oct 30, 1964

An examination of authorities cited in the appellants' brief disclose that they are apropos to governmental immunity, estoppel or prescription and are not pertinent to the issues under consideration. … The defense of vis major although urged in brief has not been established.

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.

Opinion Number

Louisiana Attorney General Reports · Apr 13, 1992

The terms of R.S. 22:1076 require that an insurer that wishes to qualify for the lower tax treatment must have invested one-sixth (1/6th) of its total admitted assets, less foreign reserve, within the state of Louisiana. … The Louisiana statute does not establish an arbitrary distinction but indeed, treats both equally. We hope that this answers your questions concerning this statute.

Robert Bailey v. State of Louisiana, Department of Culture, Recreation and Tourism

Louisiana Court of Appeal · Nov 4, 2021

Thus, the initial question before this Court, in reviewing the summary judgment, is whether the State established that it was entitled to immunity under the recreational use immunity statutes. … Once a defendant establishes that it was entitled to immunity under LSA- R. S. 9: 2795, the burden of establishing a malicious or willful failure to warn of a dangerous condition shifts to the plaintiff.

Ledoux v. State ex rel. Department of Transportation & Development

719 So. 2d 43 · Supreme Court of Louisiana · Sep 18, 1998

that the finding is clearly wrong (manifestly erroneous). … The reviewing court must review the record in its entirety to determine whether the trial court’s finding was clearly wrong or manifestly erroneous.

In Re Mashburn Marital Trust

924 So. 2d 242 · Louisiana Court of Appeal · Dec 29, 2005

that *246 the fact finder is clearly wrong or manifestly erroneous. … However, the record establishes that the managing co-trustees selected Michael F.

Hassen v. Bowman

District Court, W.D. Louisiana · May 27, 2025

And so construed, the Court has broad discretion in deciding these motions. , 367 F.3d 473, 482–83 (5th Cir. 2004).1 “A motion to alter or amend the judgment under Rule 59(e) ‘must clearly establish either … Treating medical providers clearly have an interest in this information to properly care for patients admitted to the hospital.

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.

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 ex rel. C.D.

971 So. 2d 496 · Louisiana Court of Appeal · Dec 5, 2007

The statute clearly differentiates between hospital records and those of other health care providers. … Defendant contends certificates of scientific analysis are testimonial scientific testimony which are not immune to the Crawford analysis.

State v. Johanson

332 So. 2d 270 · Supreme Court of Louisiana · May 17, 1976

. & K. 130, 10 Clark & F 200, 8 Eng.Rep. 718, 722 (1843), the rule was originally stated as follows: "[T]o establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the … This clearly does not include a defense based on an irresistible impulse.