Case law

Young

District Court, M.D. Louisiana · Dec 2, 2025

ensure that prisoners were not subjected to unconstitutional conditions and / or unreasonable risks of harm.”6 DPSC Defendants previously filed a motion to dismiss asserting Eleventh Amendment immunity … , qualified immunity, and failure to state a claim.7 The Court denied the motion.8 Later, Plaintiff moved for summary judgment,9 which the Court also denied.10 DPSC Defendants now move to dismiss on the grounds that the

Wiley v. City of New Orleans

809 So. 2d 151 · Louisiana Court of Appeal · Jan 30, 2002

Defendant, the City of New Orleans, appeals the application of the law of evidence at trial and alleges the evidence was insufficient to establish negligence by a preponderance of the evidence. … It is a well-settled principle that an appellate court may not set aside a trial court's finding of fact unless it is clearly wrong.

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.

Women's & Children's Hospital v. State, Department of Health & Hospitals

2 So. 3d 397 · Supreme Court of Louisiana · Jan 21, 2009

The court of appeal found that while the 1994 Rule clearly established the rate setting methodology to be used during the transition period, it did Innot find that the language clearly established the peer group rate as the … |uHowever, we do not find that the Rule language clearly establishes the rate-setting methodology to be used at the end of the three-year phase-in period.

Theriot v. Aetna Casualty & Surety Co.

215 F. Supp. 36 · District Court, E.D. Louisiana · Mar 11, 1963

In view of complainant’s past history, and in view of the fact that the evidence clearly established the fact that complainant suffered from personality disorders long prior to this accident, it is highly doubtful that his … s assured did not at any time instruct or authorize complainant to seek medical attention at the Marine Hospital, and in fact, denied all the time that complainant was in fact a seaman working aboard a vessel such as to qualify

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.

Roberts v. New Orleans Symphony

883 So. 2d 452 · Louisiana Court of Appeal · Sep 1, 2004

Yet, UPS also sought to benefit from the statutory immunity in La. R.S. 23:1032. … The facts and circumstances in the case at hand are clearly distinguishable from those in Johnson .

Dufour v. River City Management, Inc.

6 La.App. 3 Cir. 1487 · Louisiana Court of Appeal · Nov 28, 2007

No amount paid as a penalty under this Subsection shall be included in any formula utilized to establish premium rates for workers' compensation insurance. … Clearly, the statute, when read as a whole, was intended to apply to nonpayment of a judgment by employers and their insurers.

William T. Mason III, et al. v. Eagle, Inc., et al.

District Court, E.D. Louisiana · Sep 3, 2026

Specifically, Defendant invoked the affirmative defenses of government contractor immunity established by Boyle v. … The United States Code clearly states that, “unless the context indicates otherwise . . .

Texas Gas Transmission Corp. v. Broussard

177 So. 2d 145 · Louisiana Court of Appeal · Jul 1, 1965

See 101 So.2d 659 : “* * * [T]he record clearly shows that the instant tracts, while presently being used for farming and grazing purposes, are appropriate and desirable for small acreage home sites and camp sites (from one … independent real estate brokers (one of whom, Dwight Andrus, is also a prominent real estate developer, recognized even by the plaintiff’s witnesses as being most familiar with land values in the area and stipulated to be a qualified

State of Louisiana v. Equal Employment Opportunity Commission

District Court, W.D. Louisiana · Jun 17, 2024

Here, Louisiana and Mississippi – as employers and without the shield of Eleventh Amendment sovereign immunity – are directly regulated by the PWFA and the Final Rule. … Under section 702(a), for example, qualifying religious organizations are exempt from Title VII’s prohibition against discrimination on the basis of religion, but, as U.S. courts of appeals have recognized, qualifying

Bentley v. Bentley

440 So. 2d 1362 · Louisiana Court of Appeal · Nov 9, 1983

A trial court's determination of fact will not be upset on appeal unless it is "clearly wrong". Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). … He recommended that they be reunited in order to establish appropriate sibling relationships in a nurtured, emotionally supportive but consistently structured environment.

Stevenson v. Williamson

547 F. Supp. 2d 544 · District Court, M.D. Louisiana · Apr 9, 2008

The petition prays for attorneys fees as provided by both federal and state law and *549 alleges that the acts of defendant, Williamson, were in wanton and reckless disregard of plaintiffs clearly established rights and therefore … “To establish a prima facie case of discrimination, a plaintiff must show that: (1) she is a member of a protected class; (2) that she was qualified for the position; (3) she suffered an adverse employment action; and (4)

Opinion Number

Louisiana Attorney General Reports · Feb 11, 2010

*Page 7 It is the opinion of this office that La.R.S. 26:588 mandates that in the calling of a wet/dry local option election, all five of the enumerated provisions of La.R.S. 26:588 must be clearly printed on the ballot for … Is there a uniform definition of restaurants used in situations such as our own that would allow for consumption at dine-in establishments only, while at the same time prohibiting barroom establishments?

Breaux v. Texas & Pacific Railway Co.

147 So. 2d 693 · Louisiana Court of Appeal · Dec 14, 1962

In the Brown case the Supreme Court clearly held that pursuant to Act 30 of 1960 and LSA-C.C.P. Article 1111, the initial defendant was entitled to implead his alleged tort feasor. … They are, therefore, immune to liability for the debts of the succession they have inherited and are entitled by such acceptance merely to the net estate of their said ancestor, if any.

Hinchee v. SOLOCO, LLC

971 So. 2d 478 · Louisiana Court of Appeal · Dec 5, 2007

Breach of Contract The plaintiff chiefly contends that the trial court erred in finding that she failed to establish breach of contract. … Recall that the plaintiff's expert was not qualified to testify as to RECAP standards.

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.

LeBlanc v. Southern Bell Telephone and Telegraph Co.

333 F. Supp. 602 · District Court, E.D. Louisiana · Oct 4, 1971

The Court believes that both plaintiffs were well qualified to bid for the job of test deskman. … These statutes then clearly regulate a field which Congress has entered by enacting Title VII of the Civil Rights Act of 1964.

Nichols v. Tall Timber Lumber Co. of Louisiana

145 So. 691 · Louisiana Court of Appeal · Feb 6, 1933

The qualifying word “express” does not appear in the exhaustive opinion. … We think it the better and safer policy to follow decisions already rendered, not clearly erroneous until overruled by the higher court.

Curtis Lanson Mitchell v. Nancy A. Miller, ET AL.

District Court, E.D. Louisiana · Nov 10, 2025

income sources (including social security or unemployment payments4) and the demands on his financial resources, including whether expenses are discretionary or mandatory.5 While one need not be absolutely destitute to qualify … arguable basis in law if it is “based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.”15 A complaint fails to state a claim on