Case law

Bougere v. Edwards

517 So. 2d 351 · Louisiana Court of Appeal · Nov 25, 1987

We find the judge was clearly wrong in his application of the law to the facts here. … Secondly, although the judge stated that the Mayor had failed to show “good cause” *355 to amend, the bare allegations of his original petition alone establish good cause.

Wickes v. Home Building & Loan Ass'n

172 So. 2d 756 · Louisiana Court of Appeal · Mar 8, 1965

Defendant could not convey more than he owned and this stipulation was specifically included in the contract by the inclusion of the qualifying phrase “or as per title”. … The act of sale clearly transfers only the western portion and with the western portion went the servitude of use to the eastern portion.

State v. Ward

483 So. 2d 578 · Supreme Court of Louisiana · Jan 23, 1986

Clearly, then, the defendant could not have prevented the wife from testifying. … As stated before, the evidence clearly established the existence of an aggravating circumstance, namely, the infliction of death or great bodily harm upon more than one person. C.Cr.P. 905.4(d).

Pittman Const. Co. v. Housing Auth. of New Orleans

169 So. 2d 122 · Louisiana Court of Appeal · Feb 5, 1965

This figure is well established by the evidence and is not in dispute. … The District Court's findings and conclusions in this respect are clearly supported by the record.

Dickinson v. City of Minden

130 So. 2d 160 · Louisiana Court of Appeal · May 5, 1961

Sufficient is the observation it clearly appears from *163 the testimony of not only plaintiffs and their witnesses but from the testimony of the defendant's witnesses that erosion had set in before the City's improvement … impressed by the valid argument of counsel with respect to defendant's failure to call as witnesses the City Superintendent of Streets, the Commissioner of Streets, or any member of the construction crew who were particularly qualified

Charouleau v. CHARITY HOSPITAL OF LA. AT NEW ORLEANS

319 So. 2d 464 · Louisiana Court of Appeal · Nov 25, 1975

Murray Diamond, in an attempt to establish that Charity's admission procedures were clearly below community standards. … Accordingly, we find no abuse of the trial court's wide discretion to determine if a witness is qualified to give expert testimony. Bonilla v. Arrow Food Distributors, Inc., 202 So.2d 438 (La.App. 4 Cir. 1967).

McHenry v. Ouachita Parish School Board

169 La. 646 · Supreme Court of Louisiana · Dec 2, 1929

On the same date, another ordinance was adopted by the school board ordering a special election to be held in Ouachita parish junior college district, for the purpose of submitting to the qualified electors of that district … Junior Colleges within said districts,” etc., is an act of the Legislature clearly intended to carry out the provisions of section 2 of article 12, to co-ordinate the elementary and secondary schools and the higher educational

Gibson & Associates, Inc. v. State, Department of Transportation & Development

2010 La.App. 1 Cir. 1696 · Louisiana Court of Appeal · May 18, 2011

’s were above the established threshold of the preconstruction estimate for the project. … Additionally, we note that the qualifying party through the Louisiana Contractor's Licensing Board for both companies is James Baker.

Opinion Number

Louisiana Attorney General Reports · Aug 28, 1997

The records of the taxing authority shall clearly reflect the objects and purposes for which the proceeds of the tax are used." [Emphasis added.] … Further, under the well established jurisprudence of this state, special taxes are strictly construed. Hemler v. Richland Parish School Board, 142 La. 133 , 76 So. 585 (1917). . . .

Carroll v. Chapman

139 So. 2d 61 · Louisiana Court of Appeal · Mar 7, 1962

The immunity is necessary in order that fear of liability may not deter others from rendering necessary services in an emergency." … In this case the established and uncontradicted facts disclose that Dr. Chapman prepared Mrs.

Granger v. B & B Farms of Mamou, Inc.

15 La.App. 3 Cir. 1208 · Louisiana Court of Appeal · Jul 27, 2016

This statement clearly indicates Larry’s belief that at the time of Jimmie’s death, he was working on the canopy for the tractor. … Performing work for a tractor that is used in the crawfish'business clearly qualifies as services arising out of and incidental to Jimmie’s employment and was a part of the principal’s trade, business or occupation.

Schelmety v. Yamaha Motor Corp., USA

193 So. 3d 194 · Louisiana Court of Appeal · Apr 13, 2016

First, plaintiffs elaims against the driver, James Johnson, are not covered because Johnson does not qualify as an insured under either policy since he is not a relative of the Smiths nor is he a resident of their home. … Clearly Safeco did not intend with this homeowners’ policy to give the Smiths.coverage for the Rhino except upon an insured location as set forth in the policy.

Clofer v. Connick

District Court, E.D. Louisiana · Jan 17, 2025

Defendant Deborah Weisler likewise moved to dismiss the claims on the basis of prosecutorial immunity, which Judge Ashe granted. ECF Nos. 81, 88. … But the alternative of qualifying a prosecutor's immunity would disserve the broader public interest.

Rogers v. Jefferson Parish Sheriff's Office

District Court, E.D. Louisiana · Jan 13, 2022

Qualified Immunity Defendants initially argued that Rogers’s section 1983 claims against them should be dismissed because they are entitled to qualified immunity.47 … analysis.”49 Accordingly, the Court denies summary judgment as to whether the arresting officers are entitled to qualified immunity on plaintiff’s excessive-force claim.

Murff v. Louisiana Highway Commission

19 La. App. 847 · Louisiana Court of Appeal · Apr 5, 1932

The decision seems to be based upon this finding, which we think is clearly in conflict with the eases of Saint v. Allen and Booth v. Louisiana Highway Commission, cited supra. … This contention was made in the De Moss Case and answered by the court in the following language: “When a police jury therefore undertakes to lay. out a road or to widen an established noad without pursuing the forms of law

Bridges v. Autozone Properties, Inc.

900 So. 2d 784 · Supreme Court of Louisiana · May 13, 2005

Further, Properties is not qualified to do business in Louisiana and conducts no business activities here. … And the privilege of receiving dividends derived from corporate activities within the state can have no greater immunity than the privilege of receiving any other income from sources located there.

Mid-Gulf Stevedores, Inc. v. Neuman

333 F. Supp. 430 · District Court, E.D. Louisiana · Oct 21, 1971

Upon the establishment of these facts, it is necessary to determine whether those conditions of the claimant’s work caused his stroke. … Sam Nadler was qualified as an expert in the field of internal medicine. Dr.

Price v. Irons

District Court, E.D. Louisiana · Jun 8, 2020

Mar. 20, 2015) (“Claims of absolute and qualified immunity may . . . be 18 See R. Doc. 66 at 7-9. 19 See R. … Miller, 519 F.3d 231, 239 (5th Cir. 2008) (“In evaluating a motion to dismiss a state claim on the grounds of qualified immunity, federal courts must apply the state’s substantive law of qualified immunity.”).

Troulliet v. Gray Media Group, Inc.

District Court, E.D. Louisiana · Apr 11, 2023

She argues that natural immunity resulting from a prior infection with COVID-19 is more effective and appears to allege that she had natural immunity to COVID-19. … She argues that Gray pursued its vaccine mandate against religious employees and refused to recognize natural immunity as satisfying its immunization requirement.

Thomas v. Browning-Ferris, Inc.

3 La.App. 3 Cir. 1518 · Louisiana Court of Appeal · Mar 31, 2004

She stated that she told her that Thomas did not qualify for workers' compensation, but that he might qualify for short-term disability. However, Diane denied speaking to Kirkland. … In Pinkins , the supreme court stated, "[i]t is well established that this state has long recognized the workers' compensation act is remedial in nature.