Case law

Perdue v. Cruse

9 La.App. 3 Cir. 1446 · Louisiana Court of Appeal · Jun 2, 2010

There exists a passageway that was fixed by LaCroix and Mills and that is still clearly identifiable. … ANALYSIS The right of passage is a legal servitude established by law for the benefit of owners of enclosed estates.

State v. Hayden

171 La. 495 · Supreme Court of Louisiana · Nov 3, 1930

They were clearly hearsay evidence, being the mere expression of a sentimental feeling of the wife in anticipation of a reunited connubial relation. … The jury had nothing to do with the penalty to be imposed otherwise than to qualify the verdict for murder, by adding, without capital punishment, and this the jury did.

Will Drill Resources, Inc. v. Huggs, Inc.

836 So. 2d 1211 · Louisiana Court of Appeal · Jan 29, 2003

On February 13, 2002, Royalty Owners opposed Huggs's motion for summary judgment and included four affidavits which sought to establish that a genuine issue as to the intent of the original parties to the lease remained for … In these circumstances, we find that our review at this time would qualify as nothing more than a reconsideration, although on different grounds, of an issue already decided by this court, i.e., the applicability and interpretation

Alexander v. Sara, Inc.

559 F. Supp. 42 · District Court, M.D. Louisiana · Mar 16, 1983

The so-called hiring, firing and wage setting prerogatives of the defendant are qualified powers, subject to the ultimate control of prison administrators. … Clearly, the extension of the minimum wage provisions to prison inmates was not contemplated. Therefore: IT IS ORDERED that the defendant’s motion for summary judgment be and it is hereby GRANTED.

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.

In Re Tutorship of Ingraham

565 So. 2d 1012 · Louisiana Court of Appeal · Jun 26, 1990

Clearly, there was no separate approval for either contract for attorney's fees. … , on its own motion or on motion of any interested person, the court may revoke the appointment and appoint another qualified person to the office forthwith.

Cavalier v. Rivere's Trucking, Inc.

897 So. 2d 38 · Louisiana Court of Appeal · Sep 17, 2004

Such overwhelmingly expansive coverage was clearly not intended by the parties to the insurance contract." Adams , 32,728 at p. 7, 753 So.2d at 421 . … Clearly, this argument has no merit.

McCarter c. Lawton

2009 La.App. 4 Cir. 1508 · Louisiana Court of Appeal · Jul 21, 2010

Lawton’s specialty or have knowledge of that area and are qualified to testify. Abdullah v. Simmons, 98-9564, p. 4 (La.App. 4 Cir. 9/13/00), 772 So.2d 698, 701 . … Although dilation was established as a necessary procedure for the standard of care, the evidence as a whole clearly shows that dilation alone is not sufficient to establish the standard of care.

TOWN OF BRUSLY v. Grady

11 So. 3d 1246 · Louisiana Court of Appeal · Jun 19, 2009

is clearly wrong or manifestly erroneous. … Applying the applicable zoning ordinance sections to the record before us, we cannot say that a reasonable basis for the finding of the trial court does not exist or that the record establishes that the fact finder is clearly

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 . . .

SkyRunner L L C v. Louisiana Motor Vehicle Commission

District Court, W.D. Louisiana · Oct 31, 2019

Clearly, the LMVC is concerned with state-wide rather than local matters. Thus, the fourth factor weighs in favor of immunity. 5. … Eleventh Amendment Immunity as to the LMVC Now that the Court has established that the LMVC is generally entitled to Eleventh Amendment immunity, it must determine whether that immunity protects the LMVC from

Sharff v. Tanner

486 So. 2d 1047 · Louisiana Court of Appeal · Apr 2, 1986

However, in the absence of any contrary evidence we conclude that the trial court was not clearly wrong in finding plaintiff proved filiation by a preponderance of the evidence. … The trial judge apparently determined that this pleading did not qualify as an answer contemplated by local rule 5, § 3(e) and proceeded to enter the judgment of default.

CNA Insurance Co. v. Nutone Corp.

461 So. 2d 518 · Louisiana Court of Appeal · Dec 12, 1984

The testimony at trial clearly showed that the sole cause for the failure of the heat and smoke detectors at the time of the fire was that they were improperly installed by Scott. … The evidence at trial established that Scott’s scope of authority was clearly delineated by Nutone. Scott’s sole responsibility to Nutone was to do in-warranty repair work on Nutone products in the designated area.

Troy D. Magee (Deceased)/wallace Magee and Ciara Caston Filey v. City of New Orleans Fire Department

Louisiana Court of Appeal · May 6, 2025

The NOFD contends that to qualify under the Act, the claimant must prove that the underlying cause of the lung condition is itself a disease or infirmity of the lungs. … The medical evidence and testimony establish that Captain Magee’s primary causes of death, as listed in the discharge summary and death certificate, were all lung-related infirmities.

Board of Directors of the Louisiana Recovery District v. All Taxpayers, Property Owners, & Citizens of the Louisiana Recovery District

529 So. 2d 401 · Louisiana Court of Appeal · Jun 15, 1988

This course of action is clearly authorized in Smith v. … Parish of East Baton Rouge, 510 So.2d 1 (La.1987) clearly support a remand of this case to the trial court. Defendant should be given an opportunity, if *406 possible, to establish her standing.

Opinion Number

Louisiana Attorney General Reports · Jun 14, 1996

And, at page 246, the Court concluded: Likewise, the drafting history of the local government article as reflected by the transcripts of the constitutional convention debates clearly reflects that the delegates intended to … confer a greater degree of immunity upon preexisting home rule cities and parishes than upon local governmental subdivisions that acquired home rule powers subsequent to the adoption of the 1974 constitution.

Gamble v. Chevron Oronite Company LLC

District Court, E.D. Louisiana · Sep 3, 2019

R.S. 23:1061, and thus Defendants are immune from tort liability for Gamble’s alleged injury. … It does not establish immunity in favor of Chevron from claims for workers’ compensation benefits asserted by injured workers.

Mazzini v. Strathman

2013 La.App. 4 Cir. 0555 · Louisiana Court of Appeal · Apr 16, 2014

erroneous or clearly wrong. … Mazzini’s recovery for attorney fees is clearly limited to 25% of the amount claimed or $300.00, whichever is greater.

State v. Cox

246 La. 748 · Supreme Court of Louisiana · Jun 8, 1964

Our statute is clearly constitutional when measured by the standards set out in the New York Times case to satisfy the First Amendment. … As observed by the footnote in the Marcotte case, however, the holding in the Tate case is now the established jurisprudence of this court. 8 .

State v. Citizen

898 So. 2d 325 · Supreme Court of Louisiana · Apr 1, 2005

As explained by the parish attorney, this system has clearly been an overwhelming success. … Such a solution however, clearly conflicts with the legislative intent of R.S. 15:304. See 1994 La.