Case law

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.

Stokes v. Faber

District Court, E.D. Louisiana · Feb 10, 2021

Matranga is entitled to qualified immunity in conjunction with the initial arrest. … Although the Fourth Amendment right to be free from false arrest, i.e., arrest without probable cause, was clearly established at the time of the arrest, Plaintiffs cannot overcome the qualified immunity defense because

Nunley v. Shell Oil Company

76 So. 2d 111 · Louisiana Court of Appeal · Feb 14, 1955

Contrary to the above recited facts it is clearly established in the instant case that there has been an absolute refusal on the part of defendant to engage in any development and, further, that plaintiff has formally placed … following declaration: "* * * the reasons by which defendant attempts to justify its refusal to develop the property further are not adequate and sufficient, especially in view of the fact that another competent and well qualified

Jackson v. Neuman

309 F. Supp. 697 · District Court, E.D. Louisiana · Jan 26, 1970

Another well-qualified orthopedic surgeon testified that he found no evidence of any orthopedic defect and two well-qualified neurosurgeons testified that they- did not think Jackson had a ruptured intervertebral disc in … The record clearly reveals that the claimant lost no time from work as a result of the December 10, 1966 accident.

State v. Barksdale

247 La. 198 · Supreme Court of Louisiana · Dec 14, 1964

No system or policy of discrimination is established merely because there are none employed at the present time. … And the burden of establishing racial discrimination rests upon the accused. Hernandez v. State of Texas, supra, and State v. Goree, supra.

Southern Snow Manufacturing Co. v. SnoWizard Holdings, Inc.

912 F. Supp. 2d 404 · District Court, E.D. Louisiana · Dec 14, 2012

,] [b]ut the granting of the patents does not confer any immunity for anti-competitive misuse of the patents, or the inequitable conduct used to obtain the patents.” 85 Plaintiffs go on to explain that assertions made “in … Even if these allegations are all true, which the Court must assume when deciding a motion to dismiss, controlling authority clearly states that “inequitable conduct before the PTO cannot qualify as an act of mail fraud or

New England Mortgage Security Co. v. Metcalfe

49 La. Ann. 347 · Supreme Court of Louisiana · Feb 1, 1897

Metcalfe was the qualified tutrix of Miss Sallie B. … The inventory, it is true, is a guarantee established by law in the interest particularly of minors and others who are not sui juris.

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.

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.

State v. Williams

439 So. 2d 663 · Louisiana Court of Appeal · Oct 12, 1983

The State did not attempt to qualify any of these witnesses as experts. … The observations of these witnesses are clearly supported by these pictures. In State v.

Bell v. Rogers

698 So. 2d 749 · Louisiana Court of Appeal · Aug 20, 1997

Therefore, we conclude that Bell has not affirmatively established the evidentiary strength of facts material to her claims of defamation arising out of the written report and the May 10, 1994 meeting. … Bell clearly has no personal knowledge about what, if anything, Wood said to Lemoine outside her presence.

Barnes v. Department of Highways

154 So. 2d 255 · Louisiana Court of Appeal · Jun 3, 1963

In this regard the Commission’s finding is clearly supported by the evidence. … Any other view would simply clothe the efficient employee with immunity for any wrongful or immoral act. For the reasons hereinabove assigned, the ruling of the Commission is affirmed. Affirmed.

Stephenson v. List Laundry & Dry Cleaners, Inc.

186 La. 11 · Supreme Court of Louisiana · Nov 30, 1936

“The two above-named establishments, although shown to be holding and subsidiary companies, respectively, were distinct organizations. … The relatrix’ interpretation of the omnibus clause of the policy is erroneous, for it is clearly shown that, at the time of the accident, the truck was operated without the knowledge or consent of the owner, by an employee

State ex rel. Cheevers v. Duffel

32 La. Ann. 649 · Supreme Court of Louisiana · May 15, 1880

We are clear that the Convention of 1879 intended that at the adoption of the Constitution which it framed the judiciary system created and established under the Constitution of 1868 should cease, and should be superseded … important is it that judicial officers, who are particularly entrusted with the administration of justice, be not interfered with and molested while fulfilling their functions, unless the interference or molestation be clearly

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.

Walters v. Landis Construction Co.

522 So. 2d 1306 · Louisiana Court of Appeal · Mar 21, 1988

Such arrangements shall include provisions protecting individual employees against a worsening of their positions with respect to their employment which shall in no *1311 event provide benefits less than those established … Subsection (c) clearly deals with collective bargaining agreements and the benefits to transit employees thereunder.

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.

Charles v. Acadia St. Landry Guest Home

1 La.App. 3 Cir. 0129 · Louisiana Court of Appeal · Jun 6, 2001

Charles could possible qualify for. … We do not exist in a vacuum, immune to the realities of the real world and the inability of a worker’s compensation claimant to find effective or adequate counsel.

Louviere v. St. Tammany Parish Government

District Court, E.D. Louisiana · Apr 22, 2021

law.75 Where, as here, a § 1983 defendant pleads qualified immunity, the plaintiff then has the burden to rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly established … law.76 In a qualified immunity analysis, the Court must determine: (1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and, if so, (2) whether the defendant’s conduct was

Martin v. Travelers Insurance Co.

200 So. 2d 141 · Louisiana Court of Appeal · May 29, 1967

Martin was the best qualified applicant of the group interviewed for the job. … We therefore see a very clear distinction between *147 the Carlino case and the instant case, in that the wages paid in the Carlino case were clearly in lieu of compensation whereas in the instant case they were earned by