Case law

Daspit v. Barber

786 So. 2d 962 · Louisiana Court of Appeal · Apr 11, 2001

In light of all of the evidence presented, the jury was not manifestly erroneous or clearly wrong in concluding that Mr. … To establish a "satisfactory proof of loss" in an uninsured motorist claim, the insured must establish that the insurer received facts which fully apprise the insurer that the owner of the other vehicle involved in the accident

Stafford v. Division of Administration

407 So. 2d 87 · Louisiana Court of Appeal · Nov 23, 1981

In the instant case, the first standard set in Lovell, supra, is clearly met since the decision of Smith established a new principle of law by overruling the clear past precedent of In Re Division of Administration, 343 So … offered another position in the same, equivalent, or lower class by the appointing authority, with a minimum reduction in pay range, if there exists in the governmental unit conducting the layoff such position for which he is qualified

Hall v. Louisiana

973 F. Supp. 2d 675 · District Court, M.D. Louisiana · Sep 27, 2013

Certain political subdivisions (usually counties) in Arizona, Hawaii, Idaho, and North Carolina also qualified for coverage. … relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed.

Gautreaux v. Rheem Mfg. Co.

96 La.App. 4 Cir. 2193 · Louisiana Court of Appeal · Dec 27, 1996

Thus, on this showing, it has not been established as a matter of law that asbestos must be considered an "oxygen compound" within the context for former Subsection (d). … The reference to oxygen, nitrogen, and carbon and their compounds in the context of potential sources of occupational disease compensable under a workers' compensation *979 scheme was clearly intended to be construed broadly

State v. Schmidt

699 So. 2d 448 · Louisiana Court of Appeal · Jul 29, 1997

HIV is the virus which causes acquired immune deficiency syndrome (AIDS), for which there is currently no cure and which has routinely proved itself to be a fatal disease. … Gibbs's laboratory at Baylor College of Medicine is held in high esteem by the scientific community and is well qualified to perform the testing. His review of Dr.

Turner v. Smith

556 So. 2d 983 · Louisiana Court of Appeal · Feb 7, 1990

Smith (hereinafter defendant), a qualified health care provider under the provisions of La.R.S. 40:1299.42, and his professional liability insurer, Louisiana Medical Mutual Insurance Company. … Defendant has simply taken out of context two phrases of the three page well written reasons for judgment in an effort to establish some error.

State Ex Rel. Department of Highways v. Reuter

175 So. 2d 316 · Louisiana Court of Appeal · Apr 5, 1965

Reuter and by the various photographs introduced in evidence by them clearly proved that no part of the land was under water but to the contrary was high and dry. Mr. … Loss of the railroad siding to the rear and the opportunity to establish a switch tract facility; "2.

Todd v. State ex rel. Department of Social Services, Office of Community Services

685 So. 2d 310 · Louisiana Court of Appeal · Nov 26, 1996

that the finding is not clearly wrong.” … We cannot say that the trial judge was clearly wrong in this determination.

State v. Thompson

489 So. 2d 1364 · Louisiana Court of Appeal · May 28, 1986

The evidence adduced at the hearing on defendant's motion to quash clearly established that the names of the jurors were chosen by lot. … Defendant's request of a witness to recant truthful and incriminating testimony against him clearly qualifies as an admission. The testimony, therefore, was admissible as an exception to the hearsay exclusionary rule.

State v. Collins

136 So. 3d 912 · Louisiana Court of Appeal · Feb 26, 2014

Specifically, the defendant takes issue with the methodology used by the state to prove his identity; he argues that the fingerprints are not properly linked to the corresponding bills of information and, therefore, do not qualify … The trial court’s determination of this question of fact will only be reversed if it is clearly wrong. Holmes, supra. |.

Kevin W. Jones, Sr. v. Town of Woodworth

Louisiana Court of Appeal · Nov 4, 2015

The Town of Woodworth and Officer Sikes had also plead in their “Answer To Plaintiff’s Petition for Damages,” the affirmative defense of qualified immunity pursuant to La.R.S. 9:2798.1, La.R.S. 9:2800-2800.52, and La.R.S … A panel of our court decided to review the case on appeal under a duty/risk analysis pursuant to La.Civ.Code art. 2315, rather than apply the analysis applicable to statutory qualified immunity.

Reeves v. Structural Preservation Systems

716 So. 2d 58 · Louisiana Court of Appeal · Jun 3, 1998

. *60 In Bazley , after an exhaustive study of employers’ immunity and intentional tort, the court concluded: The meaning of intent in this context is that the defendant either desired to bring about the physical results … SPS argues the record does not contain any evidence establishing any agent, servant, or employee of theirs intended or desired to cause injury to Reeves.

Succession of Williams

7 La. App. 465 · Louisiana Court of Appeal · Jan 5, 1928

The District Judge found that $676.12 of that amount had been used by the administrator prior to his qualifying as such, and eliminated that much from the claim against the estate. … This article relates to and is restricted to privileges on movables., This is clearly demonstrated by its verbiage and the heading of the Code under which it is found.

Bristol Steel & Iron Works, Inc. v. State, Department of Transportation & Development

504 So. 2d 941 · Louisiana Court of Appeal · Mar 4, 1987

The starting point for our decision is the language of our Code of Civil Procedure establishing declaratory judgment procedure. … In January of 1982, Williams established an Employees Profit Sharing and Stock Ownership Plan (commonly and hereinafter referred to as ESOP).

Petetin v. His Creditors

51 La. Ann. 1660 · Supreme Court of Louisiana · May 29, 1899

Jules Petetin, having died, leaving minor children, issue of her marriage with Jules Petetin, he was appointed and qualified tutor, on September 19th, 1896. The revocatory action of H. & C. … This positive declaration of the Code clearly shows that even purely gratuitous contracts, those wholly without any consideration, come with the purview of this action.”

Gautreau v. Board of Electrical Examiners

167 So. 2d 425 · Louisiana Court of Appeal · Jul 1, 1964

Had our esteemed colleague below held the act invalid he would under the circumstances shown clearly have contravened the jurisprudence established in State ex rel. Hutton v. … The obvious purpose of such a comprehensive Code is protection of the public welfare by insuring that only qualified persons are licensed as electrical contractors.

Doughty v. Insured Lloyds Insurance Co.

563 So. 2d 1233 · Louisiana Court of Appeal · Jun 26, 1990

At trial, plaintiffs put forth numerous witnesses on the issue of whether the wood planer was defective, as well as testimony to establish damages. … Having concluded that both plaintiffs were legally at fault in causing the death for which they now seek damages, we clearly reject any notion that they could recover wrongful death damages for the death of their son from

State v. Burge

449 So. 2d 196 · Louisiana Court of Appeal · Apr 11, 1984

The court observed that a burning building clearly presents an emergency of sufficient exigency to justify a warrantless entry into the building. … Because the building here involved was a commercial establishment, the privacy interest attendant to a private residence is also absent.

State v. Karey

15 La.App. 3 Cir. 522 · Louisiana Court of Appeal · Nov 12, 2015

This court rioted that the defendant enjoyed' “equitable immunity” as to the prosecution in Rapides Parish. … Sandi-fer was of the opinion that the criminal act was clearly one of second degree murder.

Young

District Court, E.D. Louisiana · Oct 28, 2025

But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest. … In Lewis, the Supreme Court made clear that an inmate must establish actual injury to state a claim for denial of his right of access to the courts.