Case law

Jeansonne v. Jeansonne

171 So. 497 · Louisiana Court of Appeal · Jan 5, 1937

On the contrary, one of the above-quoted allegations clearly reveals that the signers were fully cognizant of the import of their act and they intended to and did adopt that form of instrument for a particular purpose. … Plaintiff has no present interest in the estate of his mother, who is alive, and plaintiff’s suit is therefore premature.” *501 Accordingly, the donation to defendant is immune from attack by such children at this time.

Reed v. Sisters of Charity of the Incarnate Word of Louisiana, Inc.

447 F. Supp. 309 · District Court, W.D. Louisiana · Mar 9, 1978

Her claim, for a position for which she admittedly was not qualified, is frivolous. 16. … None established any racial bias toward themselves. All (except Sammie Lee Lewis) were hired for the positions they applied for. None could name a higher paying job for which they were qualified and had sought.

State v. Nash

45 La. Ann. 1137 · Supreme Court of Louisiana · Jul 15, 1893

We have now read again and re-read the evidence, and if any fact can be established by human testimony, we can not avoid the conclusion that the testimony in this case clearly establishes that the juror Perry was questioned … Unless the ten witnesses of defendants are wilful and conscious perjurers, the defendant’s case is so clearly established that “ the probatio'n bears no hinge or loop to hang a doubt on.”

Trentecosta v. Beck

677 So. 2d 1013 · Louisiana Court of Appeal · May 1, 1996

The qualified privilege was obviously meant to apply in instances of two law enforcement officers working on a case. … They are clearly after the fact.

Roger v. Otterstater

498 So. 2d 1093 · Louisiana Court of Appeal · Dec 10, 1986

The manual provides no concrete standards for the establishment of school zones. … The department is uniquely qualified to survey the traffic situation, weigh the options and decide to reject certain of those options.

Parker v. Harper

803 So. 2d 76 · Louisiana Court of Appeal · Oct 31, 2001

A presumption of proper consent may be rebutted if the plaintiff establishes certain factors. … "Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence.

State v. McCauley

272 So. 2d 335 · Supreme Court of Louisiana · Jan 15, 1973

Henry [ 196 La. 217 , 198 So. 910 ] decision and should clearly not have been denied because of State v. … Hall, 256 La. 336 , 236 So.2d 489 (1970), this Court stated: "These photographs were clearly relevant to the burden imposed upon the State to establish the killing beyond a reasonable doubt.

ASSOC. FOR RET. CITIZENS/OUACHITA v. Wilson

981 So. 2d 246 · Louisiana Court of Appeal · Apr 30, 2008

ARCO cannot establish that it is entitled to the relief sought, and its arguments regarding standing cannot overcome the lack of a remedy for injunctive relief provided in the statute. La. … Therefore, we find that the trial court clearly abused its discretion in granting the preliminary injunction.

American Surety Co. of New York v. Ryan

185 La. 678 · Supreme Court of Louisiana · Jun 30, 1936

“established” its claim prior to the date on which the concursus was provoked. The word “established,” as used by us in the Victor v. … Clearly it was intended that the bond or deposit should be held subject to any and all debts incurred in this state by the company qualified to do business here, not only those arising from “risks” incurred in this state,

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.

Budget Finance of Baton Rouge, Inc. v. Lewis

451 So. 2d 1300 · Louisiana Court of Appeal · Jun 26, 1984

Lewis opposed the motion for summary judgment and reurged his exception of no right of action, contending that the affidavits submitted by plaintiff established that Budget Finance was not the holder of the three notes sued … The affidavits provide, in pertinent part: “BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in and for the Parish and State aforesaid, personally came and appeared H.R.

Van Buren v. Minor

247 So. 3d 1040 · Louisiana Court of Appeal · Apr 11, 2018

Therefore, the jury finding is not manifestly erroneous or clearly wrong and this court cannot reverse. … C.E. art. 702 provides in part: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion[.] La.

Williams v. City of New Orleans

543 F. Supp. 662 · District Court, E.D. Louisiana · Jun 11, 1982

In promotions, a written examination is to be used as a qualifying measure, and is to be as “content valid as feasible.” … Subjecting the entire class to the costs and risks of trial in pursuit of relief in a few individual cases is clearly unjustified.

Tucker v. Lain

798 So. 2d 1041 · Louisiana Court of Appeal · Sep 5, 2001

In a medical malpractice case against a physician, the plaintiff must establish a causal connection between the physician's negligent treatment and the sustained injury. La. R.S. 9:2794; Martin v. … An appellate court may not set aside a jury's finding of fact in the absence of manifest error or unless it is clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989).

State ex rel. Bell v. Hufty

11 La. Ann. 303 · Supreme Court of Louisiana · Apr 15, 1856

the removal of whom has been otherwise provided for by this Constitution;” and'whereas, a Sheriff is a- civil officer, whose removal is not otherwise'provided for by the Constitution ; and whereas, it has been indubitably established … The Act of March loth, 1855, (p. 370) relied upon by the appellant, fully recognizes the'two-distinct but co-existing modes of removal indicated so clearly in the Constitution Itself.

Donovan v. Gretna Machine & Ironworks, Inc.

100 F.R.D. 798 · District Court, E.D. Louisiana · Feb 13, 1984

The Secretary argued the application of sovereign immunity, and the absence of an independent basis of federal jurisdiction to support the claim for declaratory relief. … Clearly, however, other courts in identical circumstances have rejected plaintiffs’ objections and have allowed companies subject to inspection to maintain challenges to the validity of the inspection process, and have upheld

Lombard v. Sewerage & Water Board of New Orleans

284 So. 2d 905 · Supreme Court of Louisiana · Oct 29, 1973

immunity is inapplicable here, there is none. … Any person assuming the position of owner, usufructuary, possessor in good or bad faith, or lessee, may qualify as proprietor by virtue of an expansive interpretation.

Naquin v. DEPT. OF TRANSP. AND DEV. OF STATE

604 So. 2d 62 · Louisiana Court of Appeal · Jun 2, 1992

The trial judge gave written reasons for judgment, which read, in pertinent part: The fact of plaintiffs' leasehold interest was well established. … Sagrera has qualified as an expert in the field of agronomy (State Exhibit # 2) whereas Dr. Wegenhoft qualified in the field of agricultural economics (Plaintiffs' Exhibit 7.11). Based upon the testimony of both, Dr.

Calhoun v. Lane

39 La. Ann. 594 · Supreme Court of Louisiana · May 15, 1887

, to show that an established contract “turned to her advantage.” … Both the Code and the decisions quoted clearly indicate what defendant’s remedy and redress are.

Duhon v. Board of Supervisors for Louisiana State University and Agricultural and Mechanical College

District Court, E.D. Louisiana · Aug 23, 2021

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … person would have known.”61 “To overcome the immunity defense, the complaint must allege facts that, if proven, would demonstrate that [the Individual Defendants] violated clearly established statutory or constitutional