Case law

Keybank National Ass'n v. Perkins Rowe Associates, LLC

823 F. Supp. 2d 399 · District Court, M.D. Louisiana · Oct 11, 2011

Thus, the most important consideration— the intent of the parties — clearly weighs against finding a novation. … The work performed under the medical office building contract thus qualifies as a separate “work” under § 4808(B).

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.

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.

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. |.

Edwards v. East Baton Rouge Parish School Board

2014 La.App. 1 Cir. 0176 · Louisiana Court of Appeal · Nov 7, 2014

OWC’s decision to credit Edwards’ interpretation of the evidence is not manifestly erroneous or clearly wrong. … While it was clearly established that Edwards could work in capacities other than as a bus driver, the record is devoid of any evidence that the School Board offered her a job or that a job within her restrictions was available

State v. Gaspard

841 So. 2d 1021 · Louisiana Court of Appeal · Mar 5, 2003

However, assuming it was such an "act," Defendant's watching or showing the videos to his son was clearly not "lewd and lascivious" under Louviere . … If "french kissing" does not qualify as attempted indecent behavior with a juvenile, we cannot say watching sexually-explicit videos qualifies.

Jackson v. TULANE MEDICAL CENTER HOSP.

942 So. 2d 509 · Supreme Court of Louisiana · Oct 17, 2006

that the factfinder is clearly wrong or manifestly erroneous. … Lazarus' testimony at trial established that Dr. Hamner's notes on the procedure were inadequate, therefore Dr.

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.

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

Pope v. Khalaileh

905 So. 2d 1149 · Louisiana Court of Appeal · Jun 1, 2005

However, contemporaneous oral agreements or understandings between parties, which are not made part of the written contract, do not qualify as an exception to the parol evidence rule. Bernard v. … Clearly, this statement is not evidence that the contract was modified by a subsequent verbal agreement.

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.

State v. Augustine

241 La. 761 · Supreme Court of Louisiana · Apr 24, 1961

As a result of the hearing the Court issued an order appointing two physicians, the coroner and a psychiatrist, qualified experts in mental diseases, to examine into the present mental condition of the defendant and into … Alexander, who obtained the oral statement, was to the effect that when he obtained the alleged confession the accused was rational, spoke clearly, conversed with them, did not appear to be under sedation, he had permission

Dickens v. Louisiana Correctional Institute for Women

2011 La.App. 1 Cir. 0176 · Louisiana Court of Appeal · Sep 14, 2011

The State maintained that because these letters did not contain the phrase “This is a request for administrative remedy,” the *72 letters did not qualify as a request for administrative remedies. … [[Image here]] (3) The department is authorized to establish deadlines for the procedures and processes contained in the administrative remedy procedure provided in LAC 22:1.325. C.

Advocacy Center v. Stalder

128 F. Supp. 2d 358 · District Court, M.D. Louisiana · Jul 30, 1999

Ford’s records but also *362 ready access to all records of qualified inmates in the future. The defendants also have moved for summary judgment. In their motion, they claim that since the records of Mr. … In return, the state must establish a protection and advocacy system to investigate reports of abuse and neglect of these individuals.

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.

Richard v. Teague

636 So. 2d 1160 · Louisiana Court of Appeal · May 4, 1994

Clearly, the "contract" agreed upon under the facts of this case does not establish a principal-independent contractor relationship. … Clearly, loss of enjoyment of life may be included within the category of general damages.

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.

State v. Johnson

175 So. 3d 442 · Louisiana Court of Appeal · Aug 12, 2015

When the direct evidence is thus viewed, the facts 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 … Clearly, the evidence at trial satisfied all of the elements required to prove the crime of aggravated kidnapping.

Succession of Henderson

191 So. 3d 9 · Louisiana Court of Appeal · Feb 24, 2016

In order to qualify for the scholarship initially the recipient must be enrolled as a full time student. … No particular language is required to create a trust, but it must clearly appear that the creation of a trust is intended.

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.