Case law

Sampere v. City of New Orleans

166 La. 776 · Supreme Court of Louisiana · Jun 4, 1928

State Legislatures and city councils, who deal with the situation from a practical standpoint, are better qualified than the courts to determine the necessity, character and degree of regulation which these new and perplexing … conditions require; and their conclusions should not be disturbed by the courts unless clearly arbitrary and unreasonable.

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.

State v. Watts

2014 La.App. 1 Cir. 0429 · Louisiana Court of Appeal · Nov 21, 2014

The facts then established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that the defendant was … The kit was clearly identified by Trooper Biddy as one that he keeps in his police unit for such instances and, thus, was apparently “made available to” him by the Louisiana State Police.

Harper v. Garcia

739 So. 2d 996 · Louisiana Court of Appeal · Aug 18, 1999

Anderson's testimony because he was not qualified to show how the force of impact injured Harper and presented unreliable testimony. … To recover, a plaintiff must show proof to reasonably establish her claim. Id. The trial judge denied Harper's claim based not only upon the testimony of Dr.

Stanfield v. Brookshire Grocery Co.

752 F. Supp. 726 · District Court, W.D. Louisiana · Oct 25, 1990

Because there is no direct evidence that plaintiff was fired for being too old, *728 plaintiff must attempt to establish his case through circumstantial evidence. … At that time he was qualified to hold his position, having eighteen years of experience as a school janitor.

State v. Craig

637 So. 2d 437 · Supreme Court of Louisiana · May 23, 1994

The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents. … Given that this involves an interpretation of both the law and the constitution, this is clearly a judicial responsibility.

Succession of Dorand

94 La.App. 4 Cir. 1627 · Louisiana Court of Appeal · Jul 26, 1995

The trial court qualified Diemes as an expert in appraisal of stock and succession procedures. Diemes valued the stock using a “liquidation” approach. … Diemes was peculiarly qualified by previous experience to testify as to the valuation of stock in closely-held corporations for purposes of establishing values for successions proceedings.

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.

State v. Jones

15 La.App. 5 Cir. 500 · Louisiana Court of Appeal · Dec 23, 2015

The State responded that defendant’s indigent status does not make him immune to the requirements of the law. In support of its position, the State cited State ex rel. Olivieri v. … The burden of clearly establishing unconstitutionality-rests upon the party who attacks the statute. . State v. Hair, 00-2694 (La.5/15/01), 784 So.2d 1269, 1274 .

Nicolais v. Cheramie

District Court, E.D. Louisiana · Aug 12, 2024

But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest. … It is [the plaintiff’s] burden to establish actual proof of bad faith. Hensler v. Dist.

KPW ASSOCIATES v. SS Kresge Co.

535 So. 2d 1173 · Louisiana Court of Appeal · Nov 30, 1988

It also presented the testimony of Richard Griswold, who was qualified as an expert in civil engineering, and Winston Harald Clisham, who was qualified as an expert in the field of design, construction, reconstruction and … Clisham, established that after K-Mart's repairs, the remaining portions of the lot were in differing degrees of decay.

Gautreaux v. Harang

190 La. 1060 · Supreme Court of Louisiana · Jul 7, 1938

Therefore, the alleged lack of an essential element of an antichresis as authorized by the Civil Code, i. e., the nature of a definite debt, rate of interest and maturity, was clearly present and, as it was expressed in writing … antichresis and not a sale by using the language contained in the contested paragraph, which had the effect of limiting or modifying the usual result of parties signing a cash form of sale without any such restrictive or qualifying

Bobby Simmons v. Roy Hughes, Jeffery Jackson and the City of Houma

Louisiana Court of Appeal · Nov 25, 2020

However, the immunity provided by La. … Once a public official raises the defense of qualified immunity, the burden rests on the plaintiff to rebut it. See Trantham v. City of Baker, 2010- 1695 ( La.

Danks v. Grayson

District Court, E.D. Louisiana · Sep 9, 2022

“Qualified immunity shields public officials sued in their individual capacities from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … The qualified immunity inquiry includes two parts.

Bagwell v. Bagwell

698 So. 2d 746 · Louisiana Court of Appeal · Aug 20, 1997

The statutory authority to order a compulsory income assignment clearly applies only to those persons who have been ordered to pay child support. La. R.S. 46:236.3. Relying on La. … He maintains that the record, testimony and the hearing establish the amount of time and effort that went into the litigation.

Bossetta-Goodman v. Datacom Systems Corp.

644 F. Supp. 354 · District Court, E.D. Louisiana · Sep 30, 1986

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Clearly implicit in this latter allegation is a recognition that local and state authorities will not enforce the parking tickets if they do not accord with state procedures.

Basham v. Trinity Industries

625 So. 2d 290 · Louisiana Court of Appeal · Sep 30, 1993

The issue on appeal is whether the jury findings are clearly wrong. 1 We affirm. … The evidence established that the vessel was clean when the Sheraton employees boarded.

Stowe v. Stowe

162 So. 3d 638 · Louisiana Court of Appeal · Mar 4, 2015

Luther also argues that Charleen failed to establish both her need for spousal support and his ability to pay. . … The trial court’s fact-choice concerning Luther’s infidelity is not clearly wrong. Luther never denied Charleen’s charge.

Billiot

District Court, E.D. Louisiana · Jan 26, 2026

contentions are clearly baseless.” Neitzke v. Williams, 490 U.S. 319, 327 (1989); Macias v. Raul A. (Unknown), Badge No. 153, 23 F.3d 94, 97 (5th Cir. 1994). … But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.

State ex rel. Attorney General v. Jonas

27 La. 179 · Supreme Court of Louisiana · Feb 15, 1875

Construing all the sections together with a view to give effect, if possible, to every part of the law, we conclude that the government established when the charter went into operation, in. … The law clearly contemplated a vacancy and the beginning of a new term at the time it required .the council to elect a city attorney for a term of two years.