Case law

Faubourg Marigny Improvement Ass'n v. City of New Orleans

2015 La.App. 4 Cir. 1308 · Louisiana Court of Appeal · May 25, 2016

¡automatically qualify for an increase in the base zoning district’s height, floor area ratio, and density restrictions. … These powers, nevertheless, must be exercised “[s]ubject to uniform procedures established by law.” La. Const, art.

Tammy Simoneaux v. Lafayette Consolidated Government

Louisiana Court of Appeal · May 1, 2013

SATS argues that it established that it was entitled to the protections of La.R.S. 9:2795 and that Ms. … Simoneaux has failed to establish any intentional or grossly negligent acts on behalf of SATS. Blanket Tort Immunity Ms.

Emmer v. Rector

175 La. 82 · Supreme Court of Louisiana · May 23, 1932

Jacob Emmer, Jr., died in 1910, and his widow qualified as natural tutrix of their children. … Pine Belt Oil Co. is clearly an error. That case is reported in 143 La. at page 879 and not page 982.

Mbarika v. Board of Supervisors

2007 La.App. 1 Cir. 1136 · Louisiana Court of Appeal · Jun 6, 2008

Whether or not he was “qualified” for the position is a more difficult question. However, even assuming that Dr. … Mbarika himself stated clearly and unequivocally several times in his letter to Dean | ^Sumichrast that he fired his graduate assistant. Dr.

Charles B. Bridges, Et Ux. v. the City of Carenco

Louisiana Court of Appeal · Apr 30, 2008

director” is not one of the positions specifically listed in La.R.S. 9:2798, that she does not qualify for immunity under the statute. … The record establishes that after the rain, remedial steps were take to improve the playing surface.

Carter v. Avondale Shipyards, Inc.

415 So. 2d 174 · Supreme Court of Louisiana · May 17, 1982

Plaintiff is clearly entitled to compensation benefits. See Bates v. Bituminous Casualty Corp., 266 So.2d 556 (La.App.1972). … The evidence clearly established that Hanlon's silicosis was a result of his employment with PPG and not from his three day employment with Sline.

Banner v. GEO Consultants Intern., Inc.

593 So. 2d 934 · Louisiana Court of Appeal · Jan 30, 1992

The official comment to the article states, "This definition includes conventional units of all kinds, whether established by declaration under a pooling power, by a contract executed by all parties affected, or otherwise … As between GEO and Devon, they clearly intended to create a unit around this well when they agreed that Devon would assign everything back to GEO except the 160 acre tract. They even referred to the tract as a unit.

Vintage Wings & Things, LLC v. Toce & Daiy, LLC

4 La.App. 3 Cir. 706 · Louisiana Court of Appeal · Nov 10, 2004

Public records and reports which are specifically excluded from the public records exception by Article 803(8)(b) shall not qualify as an exception to the hearsay rule under this Paragraph. … Vega, clearly testified that they received, as a result of their investments, which were an eighth of the investment made by Mr. Toce personally, free flights on this jet. Mr.

Crimi v. Delony

91 So. 2d 465 · Louisiana Court of Appeal · Nov 29, 1956

Famula testified, specifically, that he stuck his arm out of the cab about as far as was possible, but qualified this by stating that he could not get his arm out of the window of the dump truck “too far”. … According to the testimony of this witness the true story was clearly established by his observation of the physical circumstances. Mr.

Succession of Jones

193 So. 2d 352 · Louisiana Court of Appeal · Nov 21, 1966

Clearly the foregoing articles require that before a tutor may undertake to handle the affairs of a minor he must qualify as such by taking the required oath. … Clearly, therefore, the trial court must exercise discretion in the application of Article 3004 in a case properly falling within the scope of said codal authority.

RGC Investments, Inc. v. Almerico

435 So. 2d 1043 · Louisiana Court of Appeal · Jun 6, 1983

Therefore, jurisdiction is clearly established *1045 in that case. Enclosed is the motion to dismiss this case I am filing. Dismissal of the plaintiffs' suit would not disturb the reconventional demand, if Mr. … Moreover, the trial court did not exercise its discretion to grant the dismissal only with prejudice, but granted the qualified dismissal based on the joint motion."

State ex rel. Bezou v. Judge of the Civil District Court

50 La. Ann. 655 · Supreme Court of Louisiana · Jun 28, 1898

We have grave doubts, considered in prospectu — i. e.. as relates to those who will hereafter qualify and fill the office under the existing Constitution — as to the intention of the Convention to make it (the recorder’s … Had it been the intention of the Convention that it should have a retrospective effect, the words employed would clearly show the purpose of promoting those in office as recorders to a constitutional office.

Victoria Dauzat v. Dolgencorp, LLC

Louisiana Court of Appeal · Apr 6, 2016

that the finding is clearly wrong (manifestly erroneous). … [T]he effect of the assertion of the conditional or qualified privilege is to rebut the plaintiff’s allegations of fault and shift the burden to plaintiff to establish abuse of the privilege. Smith [v.

Steib v. Huntington Ingalls Incorporated

District Court, E.D. Louisiana · Sep 3, 2025

It invoked the affirmative defenses of government contractor immunity established by Boyle v. United Techs. … Second, this district has long recognized that Avondale qualifies as a “person” for purposes of removal under the federal removal statute. See, e.g., Constanza v. Sparta Ins. Co., 739 F. Supp. 3d 372, 383 (E.D.

Opinion Number

Louisiana Attorney General Reports · Jun 13, 1994

It clearly states when the applicant has more than one pawnshop and been in business at least one year he "shall be eligible for a license". … They are presumed to be qualified.

Laron Harris and Pamela Harris, Individually and on Behalf of the Estate of the Minor Jaiden Harris v. Holliway Medical Clinic and Unnamed RN in Employ of Holliway Medical Clinic

Louisiana Court of Appeal · Aug 10, 2022

A breach of the standard of care alone is not sufficient to establish malpractice. … Further, the record is devoid of any objection by the appellants to the admission of evidence of the clinic’s qualified status.

Raphile v. Alexander

315 So. 2d 836 · Louisiana Court of Appeal · Jul 8, 1975

These facts clearly indicate that under the circumstances the defendant driver had no duty to anticipate a 12-year-old boy would dart from between slow-moving cars into the path of his automobile. … Being a widow, under C.C.P. art. 683 she is required to qualify as the tutrix of this minor. However, in view of our findings in this matter the issue of her capacity becomes academic.

Universal Security & Protection Service, Inc. v. Desire Community Housing Corp. (In Re Universal Security & Protection Service, Inc.)

223 B.R. 88 · United States Bankruptcy Court, E.D. Louisiana · Jul 6, 1998

U.S., 14 determined that funds held in the United States Court of Federal Claims retained their character as federal funds and were immune from state attachment proceedings. … Further, although the court was unable to locate any cases involving the HOME program, the HOME program clearly contains extensive and detailed regulations governing the expenditure of federal funds under the program.

State Thru DOTD v. Wahlder

647 So. 2d 481 · Louisiana Court of Appeal · Dec 7, 1994

The trial court found that Wilson's testimony was not sufficient to establish ownership of the canopy. … His assessment of the qualifications of experts will not be disturbed unless clearly wrong. State v. Davis, 445 So.2d 163 (La.App. 3d Cir.1984).

State v. Watkins

176 La. 837 · Supreme Court of Louisiana · Feb 27, 1933

If it is not-unconstitutional to delegate to a single locality the power to decide whether it will be governed by a particular charter, must it not quite as clearly be within the power of the legislature to refer to the people … J. § 323, pp. 839, 840, we quote: “It is .a doctrine well established and frequently reiterated by the courts that the functions of the legislature must be exercised by it alone, and cannot be delegated. * * * Power, the