Case law

Cyprien v. Board of Supervisors for the University of Louisiana System

5 So. 3d 862 · Supreme Court of Louisiana · Jan 21, 2009

Cyprien’s employment was because “he had not received a degree from an accredited four year institution, [and therefore] Cyprien failed to qualify for the position he was initially hired to fill.” … Cyprien clearly knew or should have known that his academic qualifications were an important factor in ULL’s decision to hire him.

Laralee Herron v. Professional Laser Center, LLC

Louisiana Court of Appeal · Apr 10, 2024

that the factfinder is clearly wrong or manifestly erroneous. … The evidence established Wagoner communicated with plaintiff on numerous occasions after the treatments, and despite the images depicted in the photographs, Wagoner repeatedly assured plaintiff she was healing normally

First National Bank of Commerce v. de la Tour Contractors, Inc.

570 So. 2d 239 · Louisiana Court of Appeal · Nov 15, 1990

The first issue on appeal is whether FNBC qualifies as a third person under the terms of the statute. … The language of R.S. 9:2722 clearly indicates that the Legislature did intend to include purchasers, mortgagees, grantees, vendees and lessees as third persons.

Terro v. WMCO, INC.

619 So. 2d 639 · Louisiana Court of Appeal · May 5, 1993

Clifford qualified this statement in that he felt that plaintiff might need some conditioning prior to returning to work. … It was error, however, for the OWC to further qualify the term of SEB eligibility with the phrase, "as as long as his disability *644 continues".

Opinion Number

Louisiana Attorney General Reports · May 16, 2007

Can the Lafourche Basin Levee District continue to make payments of cash and in kind services on qualified projects located in St. … We believe such expenditures would clearly be undertaken for a public purpose and undoubtedly provide a public benefit.

Laborde v. Velsicol Chemical Corp.

474 So. 2d 1320 · Louisiana Court of Appeal · Aug 21, 1985

Plaintiff did not display any allergic reactions and the tests indicated that plaintiff's immune system was intact. … The psychiatric testimony, including objective psychological testing, clearly established that plaintiff was suffering from an emotional disorder, the onset of which occurred considerably well before the period of the alleged

Johnson v. Fluor Corp.

181 F. Supp. 3d 325 · District Court, M.D. Louisiana · Mar 31, 2016

Alternatively, FMS is Immune from Liability Under EIlerth/Faragher Defense The Court, assuming without finding that Johnson could establish a pri-ma facie case of hostile work environment claim for sexual harassment, 50 finds … that FMS would still prevail on summary judgment as it is immune from liability under the EIlerth/Faragher affirmative defense.

Scherer v. Chaisson

469 So. 2d 510 · Louisiana Court of Appeal · May 15, 1985

Scherer established his permanent residence in Lafayette, Louisiana after his graduation from college. … The policy clearly defines "insured" as the named insured and any other relative who is a *513 resident of the same household.

St. John Baptist Parish v. State ex rel. Department of Wildlife & Fisheries

2002 La.App. 5 Cir. 612 · Louisiana Court of Appeal · Oct 16, 2002

We agree with the trial judge that the cases are clearly distinguishable and therefore inapplicable here. In Demolle v. … Finally, we note that the issue of sovereign immunity does not apply to bar the action by the Plaintiffs and that the Plaintiffs were not required to seek the *1234 approval of the legislature before filing suit.

Bell v. Louisiana State Police

2013 La.App. 1 Cir. 0863 · Louisiana Court of Appeal · Dec 23, 2014

We now find the record before us establishes that the Bells’ service of the discovery responses on Mr. Rice was effective as “serv[ice] on all parties,” constituting a step pursuant to La.Code. Civ. P. art. 561B. … Pierson as counsel of record, the discovery responses were clearly compliant with Article 1420 and sufficient to constitute a “step” pursuant to Article 561.

Oliver v. City of Shreveport

169 So. 2d 1 · Louisiana Court of Appeal · Oct 30, 1964

The substantial facts involved appear to have been established without serious dispute, and, in fact, most of the pertinent facts have been stipulated by counsel. … Clearly, the advisory opinion was not, and did not purport to be, a classification of Oliver’s position; nor was it rendered or adopted as a rule of classification.

Carter v. Catfish Cabin

316 So. 2d 517 · Louisiana Court of Appeal · Jul 1, 1975

Privileged communications are divided into two general classes: (1) absolute or unqualified; and (2) conditional or qualified. … Louisiana jurisprudence has established clear-cut principles applicable to such actions.

Fanara v. Candella

640 So. 2d 406 · Louisiana Court of Appeal · Apr 18, 1994

The court finds that the evidence clearly establishes serious irregularities in Ward 10, Precinct 4 on March 26, 1994, by the commissioners permitting persons to enter voting machines to assist voters who were not legally … The only grounds for challenge of a voter, under 18:565 are, and there are three of them: "(1) The applicant is not qualified to vote in the election, "(2) The applicant is not qualified to vote in the precinct, or "(3) The

Richardson v. Advanced Cardiovascular Systems, Inc.

865 F. Supp. 1210 · District Court, E.D. Louisiana · Sep 14, 1994

Only after review by those qualified to render expert analysis can this Court entertain the matters currently before it. … hospitals licensed in Louisiana); La.R.S. 40:1299.42 (specifying requirements to be "qualified” under the Act). 22 .

Landry v. United Scaffolding, Inc.

337 F. Supp. 2d 808 · District Court, M.D. Louisiana · Sep 27, 2004

In order to establish the first prong of the prima facie case of disability discrimination, the plaintiff must establish that he is a “qualified person with a disability” or was “regarded as having such an impairment” under … Clearly, Landry’s condition cannot be reasonably compared to the plaintiff in Otting.

Succession of Werner v. Zarate

979 So. 2d 506 · Louisiana Court of Appeal · Dec 21, 2007

upon these comments, based upon the testimony of the doctor, based upon the second circuit opinion, which specifically found that there was indeed a number of — there had been a number of peer reviewed psychiatric journals establishing … The trial court's factual findings will not be disturbed on appeal unless clearly wrong or manifestly erroneous. In re Succession of Dodson, 38,188, p. 5 (La. App. 2 Cir. 3/3/04), 867 So.2d 921, 924 .

Kaplan

District Court, W.D. Louisiana · Mar 20, 2026

, qualified immunity, and statutory immunity for discretionary acts. … Under federal law, to overcome qualified immunity, a plaintiff must show: “(1) that the officer ‘violated a federal statutory or constitutional right’ and (2) that ‘the unlawfulness of the[] conduct was clearly

Holland v. Norton

70 F. Supp. 2d 666 · District Court, E.D. Louisiana · Sep 10, 1999

The evidence submitted clearly establishes that the train operators maintained a proper lookout, sounded the horn and .traveled well within the federal regulations. … The plaintiff could have placed himself in a position where he could have clearly seen down the entire length of the track.

State v. Jack

554 So. 2d 1292 · Louisiana Court of Appeal · Dec 19, 1989

We are unable to clearly and unequivocally conclude that the reference was not responsive to the prosecutor's broad, vague question to Officer McCoy. … Additionally, the state would have had an opportunity to qualify the expert witness as to matters which the trial court might have deemed outside the field of expertise in which the witness had been qualified as an expert

Robinson v. Board of Supervisors

2015 La.App. 1 Cir. 1707 · Louisiana Court of Appeal · Nov 4, 2016

To establish a prima facie case of age discrimination, the plaintiff must show that (1) he was disr charged; (2) he was qualified for the position; (3) he was within the protected class at the time of discharge; and (4) he … Thus, given Robinson’s tenure, experience, and positive performance evaluations with ULLPD, the record supports that he was qualified for the position of Major.