Case law

Leonard v. Smith

550 So. 2d 729 · Louisiana Court of Appeal · Aug 23, 1989

Plaintiff nowhere pleads any facts which could establish an attorney-client relationship between him and Smith. In fact, plaintiff clearly stated that he had his own retained counsel. … However, even if we accept plaintiff's conclusion that the words were defamatory, Smith is shielded from liability *733 by a qualified privilege.

Imbraguglio v. LeBlanc

District Court, M.D. Louisiana · Mar 22, 2023

Further, Plaintiff’s discussion of qualified immunity is misplaced. … “In determining whether an official enjoys [qualified] immunity, we ask (1) whether the plaintiff has demonstrated a violation of a clearly established federal constitutional or statutory right and (2) whether the official's

Frame v. Yenni

347 So. 2d 309 · Louisiana Court of Appeal · Jun 7, 1977

A provisional appointment of a person deemed qualified by the appointing authority may be made to fill a vacancy in a position for which the civil service board is unable to certify the names of persons eligible for regular … The quoted language of R.S. 33:2494 D clearly establishes the appointing authority has the mandatory duty to make his appointment from the list certified to him.

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.

Deichmann v. Alto Employees' Trust

332 So. 2d 582 · Louisiana Court of Appeal · May 18, 1976

It was established plaintiff has a high earning capacity and will be eligible for a military service pension and owns revenue producing rental property. … In summary the gist of the testimony of the three trustees clearly reflects that a serious in depth consideration of all of the *587 factors involved in plaintiff’s request for payment was not had before its rejection.

Commercial Capital Systems, Inc. v. Paille

333 So. 2d 293 · Louisiana Court of Appeal · May 24, 1976

The evidence preponderates in favor of the conclusion that these slips were located mainly on the top of a large table in the processing room and were clearly not trash, or garbage, such as the janitors were to discard. … In Hendrix, this same clause was before the court and was held subject to a qualified interpretation rather than an absolutely literal one.

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.

Zanders v. Louisiana State Board of Education

281 F. Supp. 747 · District Court, W.D. Louisiana · Mar 8, 1968

The record clearly established that all relators had been afforded a fair hearing and their expulsions were affirmed. … clearly at a fair and impartial hearing before the State Board of Education, 57 and which was re-established before this Court.

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. Sherer

411 So. 2d 1050 · Supreme Court of Louisiana · Mar 1, 1982

Additionally, the state introduced testimony of the eye witnesses to the accident as well as the investigating officer and others, all of which tended to establish that the defendant was clearly guilty of criminal negligence … Moreover, he had previously qualified as an expert in accident reconstruction in the District Courts of this state.

Medford v. Lavergne

727 F. Supp. 2d 512 · District Court, W.D. Louisiana · Jul 27, 2010

Likewise, if the evidence before the Court indicated more clearly that Mr. … Lavergne asserted the following affirmative defenses: (1) the defenses of absolute and substantial truth; (2) qualified immunity; (3) that any disputed statements "allegedly made by ... [Mr.

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

Mt. Everett African Methodist Episcopal Church v. Carter

96 La.App. 1 Cir. 2591 · Louisiana Court of Appeal · Dec 29, 1997

clearly wrong. … Ory Poret, former Director of State Lands for the State of Louisiana, qualified in reading and interpreting old, handwritten documents. After a careful examination of defendants’ Exhibits 1 and 2, along with Mr.

Thomas-Sea Boat Builders, Inc. v. Cross Offshore Corp.

101 F. Supp. 2d 461 · District Court, E.D. Louisiana · May 2, 2000

. § 31342 , the statute establishing maritime liens. Cross also contends that removal is warranted because § 31342 preempts state law. … For example, an admiralty claim removed under the Federal Sovereign Immunities Act may be retained by the federal court despite the savings to suitors clause, see Williams v.

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.

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.

State v. Eckert

244 So. 3d 551 · Louisiana Court of Appeal · May 2, 2018

While the trial court has wide discretion to allow or exclude the testimony of an expert witness, if clearly erroneous, it can be reversed. See State v. … Accordingly, I find the trial court clearly erred in denying Mr.

Hughes v. Heirs of Cain

268 So. 2d 149 · Louisiana Court of Appeal · Oct 2, 1972

Certain principles have been clearly established by the Supreme Court of this state in connection with the partition of real property by co-owners. In Raceland Bank & Trust Co. v. … The case was competently contested and defended in the trial court to the extent that an expert witness was qualified on the defendants’ behalf and we find no indication that this appeal was instituted for the purposes of

State v. Trahan

543 So. 2d 984 · Louisiana Court of Appeal · Apr 19, 1989

Qualifying the witness to testify as to these matters was not an abuse of discretion. … The testimony of his expert clearly informed the jury of a difference of opinion with the state expert and the reasons therefor.

State v. Williams

889 So. 2d 1093 · Louisiana Court of Appeal · Nov 30, 2004

, except for perjury. [9] The trial court found that Gurganus was immune from prosecution and compelled him to testify. … After Gurganus was given testimonial immunity, he provided unresponsive answers to the prosecutor, when asked questions about his police statement.