Case law

State v. Barber

445 So. 2d 463 · Louisiana Court of Appeal · Jan 12, 1984

The facts and circumstances of each case determine whether the affidavit established probable cause on the date of the execution of the warrant. In State v. … Officer Cimino had previously qualified as an expert in illegal drug packaging and distribution in other sections of criminal court.

LaBove v. Raftery

759 So. 2d 240 · Louisiana Court of Appeal · Apr 19, 2000

CSB argues that qualifying language following the above language taken from Monsanto was not included in the instruction, thereby introducing prejudicial error. … An appellate court can reverse a lower court's factual findings when the record (1) reflects that a reasonable factual basis does not exist for the finding and (2) establishes that the finding is clearly or manifestly wrong

Bryant v. Department of Public Safety And Corrections

District Court, E.D. Louisiana · Oct 25, 2019

Humphrey doctrine13 and that LeBlanc and Griffin are entitled to qualified immunity.14 7 R. Doc. 1-1, ¶8. 8 R. … Doc. 20, p.11. 42 Because the Court finds Plaintiff’s §1983 claims are barred under Heck, the Court does not reach Defendants’ qualified immunity claims.

Butler v. Louisiana State Penitentiary

District Court, M.D. Louisiana · Dec 2, 2024

Hooper and Sanders are vicariously liable in their official capacity for the actions of the employees of LSP and LDPSC.89 Plaintiffs’ Complaint, however, does not clearly … welfare and safety, and failed to respond to his cries for help as he was being bludgeoned.152 Plaintiffs further allege that, “given the decedent[sic], tormented state of mind at the hands of the defendants, he was clearly

State v. Brown

326 So. 2d 839 · Supreme Court of Louisiana · Feb 23, 1976

La.R.S. 15:455 clearly states that to have the effect of binding the defendant with the acts and declarations *847 of a co-conspirator, a "prima facie case of conspiracy must have been established." … But before the state can utilize the exception embodied in R.S. 15:455, the statute clearly states that "a prima facie case of conspiracy must have been established."

Brannon v. Peerless Insurance Co.

147 So. 2d 656 · Louisiana Court of Appeal · Nov 9, 1962

May the insurer defend upon the ground that such plaintiff is a person insured against legal liability and claim immunity on that basis ? … Clearly, the decisions of the majority would permit a recovery. Several other decisions involving this identical point have permitted such an action to lie.”

Casanova v. Gray

196 So. 2d 824 · Louisiana Court of Appeal · Mar 21, 1967

always interpreted in favor of the owner of the property to be-affected.’ ” The only two witnesses who testified on: the trial of the present issue were the plaintiff and a civil engineer called on the plaintiff’s behalf and qualified … Lewis, 51 La.Ann. 210 , 25 So. 134 (1899), cited by ■the defendant in support of his contention ■that the servitude owner has a right to fence is clearly distinguishable and therefore inapplicable to the case at bar.

Darce v. Calcasieu Paper Co.

85 So. 2d 659 · Louisiana Court of Appeal · Feb 3, 1956

It applies also to the widow and children where they have failed to qualify for the conclusive presumption of dependency, because they were not ‘living with’ the deceased.” … If such were not the intention of the Legislature it, at that time, could have so stated easily, simply, .and clearly.”

Theus v. Schumpert Medical Center

637 So. 2d 631 · Louisiana Court of Appeal · May 4, 1994

In a workers’ compensation case, although the court is not bound to follow technical evidentiary rules, hearsay evidence that is clearly inadmissible should not be considered. Clark v. … Art. 803(6), exceptions to the hearsay rule are established which include medical reports or records.

State v. Ricks

170 La. 507 · Supreme Court of Louisiana · Mar 31, 1930

It is plain, therefore, that the exclusion of the evidence tendered did not deprive defendant of sufficient proof to establish clearly and convincingly an overt act upon the part of the deceased. … In the preceding article, 409, it is declared that: “In all capital cases the jury may qualify its verdict of guilty with the addition of ‘without capital punishment,’ in which case the punishment shall be imprisonment at

MFA Life Ins. Co. v. Huey

347 So. 2d 63 · Louisiana Court of Appeal · May 23, 1977

Baldwin obtained individual applications from the qualified employees of the credit union and delivered these applications and a copy of the trust agreement to the MFA home office. … pension plan, and since Lynn Huey had no vested interest, the judgment awarding Mary Huey the proceeds of the annuity policy was clearly erroneous.

State v. McQueen

308 So. 2d 752 · Supreme Court of Louisiana · Feb 24, 1975

Williams did not establish a period in which proceedings under R.S. 15:529.1 could be had. It only established a point after which no such proceedings would be allowed. … LSA-R.S. 15:529.1, the Habitual Offender Law, clearly provides that the proceedings can be instituted "at any time, either after conviction or sentence."

State v. Fleming

846 So. 2d 114 · Louisiana Court of Appeal · Apr 16, 2003

Lee concluded that judges are not immune from social categorization and discrimination. … His written report concluded that judges are not immune from social categorization and discrimination.

Benoit v. Turner Industries Group, LLC

85 So. 3d 629 · Supreme Court of Louisiana · Jan 24, 2012

In return, the employer is granted immunity from tort claims. … ‘‘[B]enzene is a known carcinogen and an established cause of AML.” Sutera v. Perrier Group of America, Inc., 986 F.Supp. 655, 659 (D.Mass.1997). Accord, Wademan v.

Bd. of Dir. of La. Recovery Dist. v. All Taxpayers, Property Owners, and Citizens of State

529 So. 2d 384 · Supreme Court of Louisiana · Jun 24, 1988

Unless the fundamental rights, privileges and immunities of a person are involved, there is a strong presumption that the Legislature in adopting a statute has acted within its constitutional powers. State v. … The earlier constitutions reflected the meaning of the requirement very clearly.

Blanchard v. Blanchard

2012 La.App. 1 Cir. 0106 · Louisiana Court of Appeal · Dec 31, 2012

The court stated, “Intentionally 1 lfttortious actions, ostensibly performed for a client’s benefit, will not shroud an attorney with immunity. … Fountain, 93-2176 (La.App. 1st Cir. 10/07/94), 644 So.2d 733 , this court examined a list of itemized expenses presented on a law firm’s invoice to determine whether they all qualified as “litigation expenses,” and found

Becnel v. Lamorak Insurance Company

District Court, E.D. Louisiana · Sep 18, 2020

, federal contractor immunity, and preemption by the LHWCA. … To establish a “colorable federal defense” using the government contractor immunity defense, a defendant must satisfy a three-part test: “(1) the United States approved reasonably precise specifications

Vincent v. Romagosa

390 So. 2d 270 · Louisiana Court of Appeal · Jan 26, 1981

`Original' and `exclusive' are terms regulating jurisdiction of cases as between the several courts established by the constitution. … Goldman, supra, the present case is clearly premature, because no medical review panel has been established nor rendered an opinion. MUST PHYSICIAN PANEL MEMBERS RESIDE IN SAME LOCALITY AS DEFENDANT?

State v. Porter

176 La. 673 · Supreme Court of Louisiana · Jan 30, 1933

The Legislative intent, which clearly appears' was to create a crime of lesser degree than manslaughter. … Wé did not intend to so hold and the opinion clearly shows it.

Lee v. Missouri Pacific R. Co.

566 So. 2d 1052 · Louisiana Court of Appeal · Aug 22, 1990

Armstrong was qualified to run the gas chromatograph. … This fact may have contributed to Lee's stopping on the track and his failure to avoid the accident for the 10 to 12 seconds that the train was clearly in view.