Case law

State v. Lane

292 So. 2d 711 · Supreme Court of Louisiana · Mar 25, 1974

In brief the argument is repeated that at the time of the cross-examination of this witness, the fact that appellant and his companions had left the Rainbow Inn was established. … Article 817 clearly prescribes "Qualifying verdicts in capital and noncapital cases." Act 502 of 1972 which amended the article provides that "All law or parts of laws in conflict herewith are hereby repealed."

ALLIED SIGNAL INC. v. Jackson

691 So. 2d 150 · Louisiana Court of Appeal · Feb 14, 1997

It is insufficient for the opponents to establish that the statute's constitutionality is questionable; instead, they must clearly and convincingly prove that the legislature's action is in contravention of a specific provision … Clearly, the residents of an unincorporated area do not have greater rights than the residents of a municipal corporation.

Babinski

District Court, M.D. Louisiana · Apr 7, 2026

Defendants also argue that the Court has already found that they lacked notice of a violation of “clearly established rights,” and thus the depositions are not warranted in light of their qualified immunity defense, which … Doc. 118, pp. 4-5. 28 Plaintiff asserts that qualified immunity, which requires a much higher showing, does not overcome the crime-fraud exception. R.

Philippe v. Lloyd's Aero Boliviano

589 So. 2d 536 · Louisiana Court of Appeal · Oct 18, 1991

The literature distributed to plaintiffs represented that this manager was a professional, qualified to serve travellers in all matters. … A contract is formed by the consent of the parties established through offer *543 and acceptance. La.C.C. art. 1927.

Homes v. James Buckley & Co.

165 La. 874 · Supreme Court of Louisiana · Feb 13, 1928

It is immaterial whether such charge be designated as an expense or a profit sharing tax, neither the profits of a corporation, nor any one interested in its profits, is immune from its operation. … The income tax is clearly not an asset. It must necessarily, therefore, be considered and treated as an expense.

Lockwood v. Lockwood

256 So. 3d 399 · Louisiana Court of Appeal · Sep 19, 2018

The record does not establish that the Qualified Domestic Relations Order (QDRO) has been granted "qualified" status from the plan administrator or that the judgment has been approved by the appropriate federal or state authority … The record establishes that Ms.

Pederson v. Louisiana State University

912 F. Supp. 892 · District Court, M.D. Louisiana · Jan 12, 1996

Davis and Joe Dean in their individual capacities on the basis of qualified immunity. (This ruling was subsequently modified by this Court’s ruling of September 14, 1995). See note 17. … The Court, however, subsequently dismissed plaintiffs’ Title DC claims against Joe Dean and William Davis individually for damages holding that they were entitled to qualified immunity.

Mitchell v. Newton

92 So. 2d 289 · Louisiana Court of Appeal · Jan 7, 1956

Except for one point the facts are established without dispute. After conclusion of the picnic festivities a group of the guests left the picnic grounds and made their way to a parking area some distance removed. … Meanwhile, Rosa, who was clearly the “dea in machina” of the entire occurrence, had entered defendant’s car, inserted the key in the ignition lock, turned the switch and pressed the starter button.

Dandridge v. Fidelity & Casualty Co. of New York

192 So. 887 · Louisiana Court of Appeal · Nov 3, 1939

It is clearly shown that there is always and in every case a certain amount of welding to be done in setting up a drilling outfit consisting of boilers, water lines, etc. … They further overlooked the established fact that on the day Mr. Dandridge was injured he was engaged in work which required the use of both electric and acetylene welders.

Thongsavanh v. Schexnayder

2009 La.App. 1 Cir. 1462 · Louisiana Court of Appeal · May 7, 2010

The jury was clearly wrong or manifestly erroneous in its apportionment of only 10% fault for the accident to plaintiffs husband. 5. … that the finding is clearly wrong (manifestly erroneous).

Harris v. State Farm Fire & Casualty Co.

178 F. Supp. 2d 680 · District Court, W.D. Louisiana · Sep 13, 2001

“A genuine issue of material fact exists when evidence shows the plaintiff was ‘clearly better qualified’ than [other] employees who were [promoted]. … To establish her prim a facie ease, Harris must show that (1) she was forty years of age or older at the time of the failure to promote, and, thus, a member of a protected class; (2) she applied and was qualified for the

Romero v. Grey Wolf Drilling Co.

594 So. 2d 1008 · Louisiana Court of Appeal · Feb 12, 1992

Under those well established standards we may not disturb the trial court's factual findings absent a finding of manifest error under the clearly wrong test. … Rather, he bases his motion on the reasons she gave in turning him down which he contends shows he was not qualified for the job.

State Ex Rel. Girtman v. Ricketson

221 La. 691 · Supreme Court of Louisiana · Jun 2, 1952

The trial judge seemed to have experienced much difficulty in choosing between the parents as he thought that both the father, who had established a new home after his 'remarriage, and the mother, who also had established … We did so to emphasize it and to later express our wonder whether he gave it any consideration since it so clearly qualifies the rule stated in the sentence immediately preceding it.

Musgrove v. Calcasieu Parish Police Jury

200 So. 2d 344 · Louisiana Court of Appeal · Jun 1, 1967

In any case where the governing authority of any parish or municipality shall have created or established, or shall hereafter create or establish, any hoard, commission, agency, district, office, government, or any device … Also, the 1966 constitutional amendment shows clearly that it is intended as remedial legislation, and is to be applied to any board, commission or district, “whether presently or hereafter created.”

Cosse v. Allen-Bradley Co.

601 So. 2d 1349 · Supreme Court of Louisiana · May 26, 1992

In Louisiana, the manifest error/clearly wrong standard applies to appellate review of a jury's findings of fact. In Rosell v. … Their liability and settlement agreements are not at issue. [3] The judge reallocated fault as Rust 62.5% and Link-Belt 37.5% because Celotex and its employees are immune under the Louisiana Worker's Compensation Law.

Ruttley v. Steiner

95 La.App. 5 Cir. 73 · Louisiana Court of Appeal · May 30, 1995

that the finding is not clearly wrong.” … Because the court of appeal has a constitutional function to perform, it has every right to determine whether the trial court verdict was clearly wrong based on the evidence, or clearly without evidentiary support.

State v. Johnson

750 So. 2d 398 · Louisiana Court of Appeal · Jan 26, 2000

The facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that defendant was guilty … It was only at trial that Johnson objected to the introduction of the certificate on the grounds that Armstrong was not qualified to sign the certificate.

Chalmette Retail Center, L.L.C. v. Lafayette Insurance Co.

2009 La.App. 4 Cir. 0217 · Louisiana Court of Appeal · Oct 16, 2009

Rather, they are legislatively-established,¶ 2 judicially-imposed consequences of an insurer’s bad faith breach of contract. La. … Litolffs estimate factually qualified as an “extra expense” in terms of the policy, Lafayette did introduce testimony to show that certain of these items would not qualify.

Walter Castro v. Gaston Hauling, LLC, Gaston Coronel, Progressive Paloverde Insurance Company and "Abc" Insurance Company

Louisiana Court of Appeal · Sep 13, 2024

Castro was not a qualified employee of Gaston under the Louisiana Workers’ Compensation Act – thus, allowing Mr. 1 On appeal, Mr. Castro is a pro se litigant. … Coronel and Gaston established 5 that there were a sufficient number of tie downs present on the truck three days before the accident. Mr.

Etcher v. Neumann

806 So. 2d 826 · Louisiana Court of Appeal · Dec 28, 2001

The jury awards are clearly excessive. BREACH OF THE STANDARD OF CARE On the jury verdict form, the jury responded "YES" to the question "Did Dr. … A child who is neither legitimate at birth, nor subsequently legitimated by the parent must, however, establish the filiation necessary to qualify as a child under LSA-C.C. art. 2315, within the time limitation imposed under