Case law

State v. Cole

161 La. 827 · Supreme Court of Louisiana · May 31, 1926

Cole,‘and ;not paid, or returned, and this tes"timonywas offered on the same point, to further ■establish thé fact, and to show that the defendant. did not have money to pay checks of his depositors, with large balances to … The judge says: “This testimony was clearly in rebuttal of defendant’s testimony that it was not necessary to keep such books and make such entries.”

Netherland v. Ethicon, Inc.

813 So. 2d 1254 · Louisiana Court of Appeal · Apr 5, 2002

C.C. art. 3467 states that "prescription runs against all persons unless exception is established by legislation." In spite of the clear language of La. … Accordingly, with Netherland's claim clearly prescribed on its face, we vacate the ruling of the trial court and remand the case for a continuation of the trial on the exception of prescription at which time Netherland may

State v. Moses

367 So. 2d 800 · Supreme Court of Louisiana · Jan 29, 1979

The door was not entirely closed, and conversation inside the apartment was clearly audible in the hallway. … The majority opinion holds that the police officer was qualified by his police experience to draw these conclusions. This is an erroneous statement of legal principle.

Castiel v. Hegenbarth

539 So. 2d 931 · Louisiana Court of Appeal · Feb 16, 1989

Plaintiff relies upon the jurisprudence established in International Stevedores, Inc. v. … The affidavits and documents presented by both parties do not clearly establish the owners of the corporation.

Mitchell v. University of Louisiana System

154 F. Supp. 3d 364 · District Court, M.D. Louisiana · Dec 30, 2015

First, Defendant argues that there is no prima facie case because the Plaintiff was not qualified. Second, the Defendant argues that, even if she were qualified, Plaintiff has failed to establish pretext. … Prima Facie Case: Qualification To establish a prima facie case, Plaintiff must show that (1) she was denied a promotion; (2) she was qualified for the position; (3) she was within the protected class (over 40 years old);

Stanley R. Palowsky, III, Individually and on Behalf of Alternative Environmental Solutions, Inc. Versus Allyson Campbell

Louisiana Court of Appeal · Mar 30, 2022

Palowsky has alleged facts sufficient to establish any of these causes of action against Ms. … Though Judge Sharp clearly violated the Canons of Judicial Conduct, specifically Canon 3(A)(6), in the above stated acts, he has judicial immunity for civil damages for his participation in the acts alleged

Greater New Orleans Fair Housing Action Center v. St. Bernard Parish

641 F. Supp. 2d 563 · District Court, E.D. Louisiana · Mar 25, 2009

Pielert, 2009 WL 35337 (D.Minn.2009)(noting “ghetto” was a “racially-charged term” in the § 1983 context preventing summary judgment on qualified immunity). … Bernard Parish clearly is an appeal to racial as well as class prejudice. Additionally, even Mr.

Stablier v. City of Baton Rouge

393 So. 2d 148 · Louisiana Court of Appeal · Jan 26, 1981

The risk of falling into a hole while riding on presumably solid ground is clearly unreasonable. With these elements established, the City-Parish can only escape liability by showing that Mrs. … The articles establishing delictual responsibility in Louisiana are La.C.C. arts. 2315-2322.

Clark v. Roemer

750 F. Supp. 200 · District Court, M.D. Louisiana · Nov 2, 1990

Although LULAC deals only *202 with trial (district) judges, its reasoning clearly extends to court of appeal judges as well. LULAC, which this court is now bound to follow, White v. … The Louisiana District Judges Association presented testimony to establish that incumbents and others already in the political arena would be ready to qualify for judicial offices if qualifying opened on October 3rd.

State v. Simmons

443 So. 2d 512 · Supreme Court of Louisiana · Apr 4, 1983

Their testimony clearly negates any claim of intoxication sufficient to vitiate the voluntariness of the confessions. … However, in the absence of qualifying provisions, the terms `intent' and `intentional' have reference to `general criminal intent.'" R.S. 14:11.

State v. Brogdon

457 So. 2d 616 · Supreme Court of Louisiana · Sep 10, 1984

Louisiana law requires that before a witness may qualify as an expert a foundation establishing his competency must be provided to the satisfaction of the court. La. R.S. 15:466. … Ritter's testimony clearly outweighed its prejudicial effect, and it was properly admitted.

Gallant v. Transcontinental Drilling Co.

471 So. 2d 858 · Louisiana Court of Appeal · Jun 12, 1985

While few rigs are perfectly plumb when erected, the amount of the leaning in this instance was clearly greater than the amounts ordinarily encountered. … In so holding, the court noted its belief that the legislative aim was to make use of the well-established division between intentional torts and negligence in the common law.

L.R.F. v. A.A.

133 So. 3d 716 · Louisiana Court of Appeal · Feb 26, 2014

The DNA test results from Chromosomal Labs filed in the record clearly reference L.R.F. as the donor of one of the samples tested by the laboratory. This argument is without merit. … The affidavit shall state in substance: (a) That the affiant is qualified as an examiner of blood or tissue samples for inherited characteristics, including but not limited to blood and tissue types, to administer the test

ACCOUNTANTS'ASS'N OF LOUISIANA v. State

533 So. 2d 1251 · Louisiana Court of Appeal · Oct 27, 1988

These reports contained essentially the same language as the AICPA form, except that the phrase "in accordance with established standards" is substituted for the phrase "in accordance with standards established by the American … qualifies as a "generally applicable licensing provision limiting the class of persons who may practice the profession," and as such is not a limitation upon plaintiffs' freedom of speech.

Priola Construction Corp. v. Profast Development Group, Inc.

9 La.App. 3 Cir. 342 · Louisiana Court of Appeal · Oct 7, 2009

An agreement would be required in order to establish a fiduciary relationship between a financial institution and a customer. … Id. at 627 . *461 | ^Louisiana Revised Statutes 6:1124 clearly provides that there is no fiduciary relationship between a bank and a third party unless agreed to in writing that a relationship of agency or trust exists between

Bowers v. Hardware Mutual Casualty Company

119 So. 2d 671 · Louisiana Court of Appeal · Mar 22, 1960

The evidence, in our opinion, clearly supports that conclusion. … No attempt was made to withdraw her statements or to qualify her testimony in any manner.

Halliday v. Bridewell

36 La. Ann. 238 · Supreme Court of Louisiana · Mar 15, 1884

By this, is not meant that they must in terms qualify their contract as a partnership eo nomine; but it must appear, either from the terms or from the nature of the contract, that it is a partnership; and in determining the … Where, in such a case, it clearly appears that the party so remunerated, is an employó and not a partner, the presumption of partnership as between the parties is conclusively rebutted. Such is the case here.

Jones v. American Fire-Indem. Ins. Co.

442 So. 2d 772 · Louisiana Court of Appeal · Nov 29, 1983

According to a stipulation entered into between the plaintiffs and Cameron's automobile liability insurer, Compass Insurance Company ("Compass"), the following pertinent facts were established: (1) Cameron, with its primary … place of business in Houston, is qualified to do business in Texas and Louisiana. (2) Cameron owns motor vehicles principally garaged and primarily utilized both in Texas and Louisiana.

State Ex Rel. Rathe v. Jefferson Parish School Board

206 La. 317 · Supreme Court of Louisiana · Dec 13, 1943

It is only when it is clearly shown that the action of such a board is beyond its authority or is arbitrary, unreasonable, or fraudulent that a court is justified in interfering.” … The record clearly shows that the principal’s nine monthly reports and the principal’s session report were each erroneous in reporting the absences.

Knobles v. Knobles

236 So. 3d 726 · Louisiana Court of Appeal · Dec 27, 2017

Louisiana law has clearly held that the portion of retirement benefits from one spouse's employment accrued during the marriage constitutes a community asset. Id. … Excess Benefit Plan[,] which had been originally established effective January 1, 1976."