Case law

Hankins v. Wheeler

District Court, E.D. Louisiana · Apr 29, 2025

After limiting discovery to the issue of qualified immunity, this Court found that there was no question of material fact as to whether there was an underlying constitutional violation of either Plaintiff’s right to be … Effectively, the Circuit’s holding requires a jury to determine whether an underlying constitutional violation occurred and whether Officer Wheeler and Officer Pierre are protected by a defense of qualified immunity.

Pourteau v. State Farm Mutual Automobile Insurance Co.

572 So. 2d 328 · Louisiana Court of Appeal · Dec 12, 1990

We find the trial court’s conclusions to be completely unsupported by the record and, therefore, clearly wrong. Accordingly, we reverse. … Therefore, it was clearly wrong for the trial judge to rely on the “laws of physics”. The state trooper who testified was not qualified as an expert in accident reconstruction.

Ainsworth v. Association Life Insurance Co., Inc.

325 So. 2d 708 · Louisiana Court of Appeal · Mar 16, 1976

Ainsworth then qualified as a dependent under the terms and conditions of the policy and was covered by the policy. On April 10, 1973 Mrs. Ainsworth obtained a judgment of separation from bed and board. … We conclude that the phrase "coinciding with or next following" clearly modifies "day", and that Mrs.

Opinion Number

Louisiana Attorney General Reports · May 29, 2001

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haney Corp. v. Larpenter , 583 So.2d 867 (La.App. 1st Cir. 1991) writ denied. … We have reviewed these documents and find nothing contained therein that would preclude the applicant from qualifying for exemption from ad valorem taxes.

Storyville District New Orleans, LLC v. Canal Street Development Corp.

785 F. Supp. 2d 579 · District Court, E.D. Louisiana · Mar 28, 2011

The plaintiffs suggest that the law was clearly established at the time of the incident and that the defendants are not entitled to qualified immunity because they knew their actions were wrongful "in light of the conditional … Here, Congress clearly reserved to the U.S. Supreme Court appellate jurisdiction over state court judgments "rendered by the highest court of a State[.]”

Lynell Jackson Ross v. Dr. Frances Ralph Dauterive, Dr. Bruce Cleland, and East Baton Rouge Medical Center, LLC d/b/a Ochsner Medical Center - Baton Rouge

Louisiana Court of Appeal · Dec 2, 2020

Cleland answered the petition, maintaining that they were qualified healthcare providers entitled to the immunities and limitations of liability set forth in the Louisiana Medical Malpractice Act, and further, that they … It is well settled that a court of appeal may not set aside a trial court' s or a jury' s finding of fact in the absence of manifest error or unless it is clearly wrong, and where there is conflict in the testimony,

State ex rel. Department of Highways v. Smith

324 So. 2d 852 · Louisiana Court of Appeal · Dec 24, 1975

This witness’ testimony reflects quite clearly that the sales that he used were not comparables. … He used three comparable sales to establish value. These sales were located in the vicinity of the subject property.

Levy v. Ward

33 La. Ann. 1033 · Supreme Court of Louisiana · Jun 15, 1881

Years after his death, viz: in 1868, his widow, who had qualified us tutrix of their minor children, became indebted to them, and, at the time of settlement with them, gave them in payment of their claim against her, her … established, and that the plaintiff is. entitled to have it corrected.

Ledomicile, Inc. v. Louisiana Ex Rel. Department of Health & Human Resources

674 F. Supp. 546 · District Court, E.D. Louisiana · Sep 28, 1987

Bobear, 814 F.2d 1055 (5th Cir.1987), plaintiffs concede that DHHR is an alter ego of the State of Louisiana entitled to Eleventh Amendment immunity from any claim for damages or injunctive relief. … As such, the complaint does not clearly specify whether Robinson and Loe are sued personally, in their official capacity, or both.

GUARANTEE SYSTEMS CONST. v. Anthony

728 So. 2d 398 · Louisiana Court of Appeal · Sep 25, 1998

The appellate court determines that the record establishes that the finding is clearly wrong (manifestly erroneous). Stobart v. State, Through Department of Transportation and Development, 617 So.2d 880, 882 (La.1993). … The decision to qualify him as an expert is clearly within the trial court's great discretion and should not be disturbed.

Guy v. Mitchell

810 So. 2d 1245 · Louisiana Court of Appeal · Mar 1, 2002

Instead, the employee clearly was acting on personal motivations. Similarly, in Eichelberger v. … However, the court found that the assault was clearly motivated by the nursing assistant's desire to further her personal interest.

Cole v. Department of Public Safety

825 So. 2d 1134 · Supreme Court of Louisiana · Sep 4, 2002

them cannot be manifestly erroneous or clearly wrong." … that the finding is clearly wrong (manifestly erroneous).

State v. Butler

563 So. 2d 976 · Louisiana Court of Appeal · May 30, 1990

Defendant objected, arguing that his special request qualified the state's request on the issue of flight. … did not rely on evidence of his flight to establish that defense.

Wolf v. Louisiana State Racing Com'n

545 So. 2d 976 · Supreme Court of Louisiana · Jun 19, 1989

In accord with this plan to immunize itself from tort liability, the Fair Grounds has refused since 1986 to allow any jockey who will not sign the agreement to race at its track. … State Racing Commission Rules of Racing, 46:701, et seq., clearly fall within the definition of permittees.

Opinion Number

Louisiana Attorney General Reports · Mar 14, 2003

Wilcox: You asked us for our opinion on the status of Educational Facilities Improvement Districts (EFI) within the Parish of East Baton Rouge after the establishment of the separate Baker School District and Zachary School … It also provides, "However, the ordinance imposing said tax shall be adopted by the district only after the question of the imposition of the tax has been submitted to the qualified electors of the district at an election

Cormier v. P. P. G. Industries, Inc.

519 F. Supp. 211 · District Court, W.D. Louisiana · Jun 18, 1981

The court finds the evidence clearly establishes the jobs in the silica pigments progression line were created on sound business considerations. … With respect to the first point, the evidence establishes quite clearly how the jobs evolved in the labor department.

Rowe v. State Farm Mut. Auto. Ins. Co.

95 La.App. 3 Cir. 669 · Louisiana Court of Appeal · Mar 6, 1996

on the evidence, or clearly without evidentiary support." … The record clearly establishes that plaintiff is entitled to past medicals incurred to treat his lumbar disc injury. These include the expenses associated with the treatment of plaintiff by Dr. John Humphries and Dr.

Brady v. Falgout

42 F. Supp. 532 · District Court, E.D. Louisiana · Dec 22, 1941

From the foregoing recital, it clearly appears that the conveyance records of the Parish of St. Charles, La. … “Prescription runs against all persons, unless they are included in some exception established by law”, reads Article 3521, R. C. C.

Succession of Reilly v. American Bonding Co.

138 La. 315 · Supreme Court of Louisiana · Nov 2, 1915

On the brief filed on behalf of the defendant in this court, it is admitted that the evidence establishes that the item of $3,784.99 came into the hands of Woulfe while acting as dative testamentary executor, and that the … “With regard to the moneys which the principal had received, before the dáte of the bond sued on, of course the defendant is clearly not liable. There is no evidence that any money came into his hands after that time.”

Kramer v. State Board of Veterinary Medical Exam.

55 So. 2d 93 · Louisiana Court of Appeal · Nov 15, 1951

The respondent Board was established by Act 202 of the Louisiana Legislature of 1908, LSA-R.S. 37:1511 through 37:1530. … "Clearly, we think, the members of the Board of Examiners have misconceived their duty, power, and responsibility.