Case law

Citizens for a Better Gretna v. City of Gretna, La.

636 F. Supp. 1113 · District Court, E.D. Louisiana · May 12, 1986

Racial Polarization in Voting Statistical evidence presented by duly qualified expert witnesses for plaintiffs and supplemented to some degree by direct testimony of lay witnesses, establishes that racially polarized voting … “The failure of plaintiff to establish any particular factor, is not rebuttal evidence of non-dilution.” Id.

Bynog v. M.R.L., L.L.C.

903 So. 2d 1197 · Louisiana Court of Appeal · Jun 1, 2005

heat or smoke (it was established that the plaintiffs were not smokers). … We cannot say that such a decision was clearly wrong.

Crump v. Sabine River Authority

97 La.App. 3 Cir. 1572 · Louisiana Court of Appeal · Jul 29, 1998

RThe record clearly supports the application of the “continuous tort” doctrine to this case. … These instances “were developed to insure that recovery for mental injury is allowed only when the injury, and its causal relation to the property damage, is clearly | ^established.” Blache v.

State ex rel. A.U.M.

62 So. 3d 185 · Louisiana Court of Appeal · Feb 16, 2011

The testimony clearly shows that Leticia Clark was given the child by its mother who was in prison for murder and by the court [ 5appointed non-parent temporary managing conservator, Emilio Rodriquez. … The state through the DSS, having established one of the statutory grounds for adjudication as a child in need of care as set forth in La. Ch.

State v. Jackson

926 So. 2d 72 · Louisiana Court of Appeal · Mar 28, 2006

Thus, evidence of defendant's involvement in prior drug deliveries is clearly an exception to the general prohibition against evidence of other crimes. Temple, supra . … Bruce Harrison was qualified as an expert in the field of the use, packaging, distribution, and value of narcotics. Lt.

State v. King

524 So. 2d 1376 · Louisiana Court of Appeal · Apr 19, 1988

ALLEGED FAILURE TO ESTABLISH VENUE In defendant's first unnumbered assignment of error, he contends that the state failed to establish venue. We disagree. … She stated that she was qualified by the State of Louisiana to conduct videotaped statements of child abuse victims.

Essex Crane Rental Corp. v. D & L MACH. WORKS

93 La.App. 3 Cir. 1656 · Louisiana Court of Appeal · Oct 5, 1994

Specifically, defendant asserted in this pleading that he was a resident of Acadia Parish, Louisiana; that he was not engaged in nor qualified to do business in the State of Texas; that he had not appointed an agent for service … The record clearly establishes that defendant's efforts in contesting the Texas proceeding were limited solely to disputing the issue of jurisdiction by utilizing the appropriate Texas procedural law to place that issue in

State v. Sprint Communications Co., LP

897 So. 2d 85 · Louisiana Court of Appeal · Apr 6, 2005

There are two categories of cash benefits: (1) "Fully Qualifying Landowner Benefits;" and (2) "Partially Qualifying Landowner Benefits." … If you wish to apply for benefits, you must submit a Claim Form and all documents as identified in the Claim Form necessary to establish your right to benefits.

Kenneth James Mouton v. Hebert's Superette, Inc.

Louisiana Court of Appeal · Dec 8, 2010

This discussion clearly establishes that the doctrines of judicial and prosecutorial immunity do not function as affirmative defenses because they contribute to the definition of a cause of action rather than exempting … In the present case, the law of obligations and negotiable instruments clearly creates a cause of action under the circumstances described by Mouton’s petitions, and the immunity created by 26 U.S.C. § 3403 can only function

State of Louisiana v. Wayne G. Taylor A/K/A Wayne Taylor

166 So. 3d 988 · Supreme Court of Louisiana · Mar 17, 2015

The rational trier of fact standard established by Jackson v. … The DNA evidence established that defendant had been on the premises at 251 F. Edward Hebert Boulevard and the “fresh drop” of the lighter established his presence contemporaneously with the January 2011 incident.

Poland v. Beaird-Poulan

483 F. Supp. 1256 · District Court, W.D. Louisiana · Jan 31, 1980

These facts are established by a preponderance of the evidence: 1. Arnetta Poland is an adult male, now 43 years of age. … Thus, the holding in Chappuis is clearly based on a finding that the manufacturer knew of the danger but that the injured person did not.

Breaux v. Kaplan Rice Mill, Inc.

280 So. 2d 923 · Louisiana Court of Appeal · Jul 18, 1973

The testimony of the attending physician usually is accorded greater weight than the testimony of another equally qualified physician who has examined the plaintiff only once, and then not for the purpose of treatment. … The medical evidence establishes that the loss of both testicles did not disable plaintiff from performing heavy manual labor.

Le Blanc v. Primeaux

2 So. 2d 274 · Louisiana Court of Appeal · May 8, 1941

It is well established in our jurisprudence that the Courts will not entertain a contested election suit where the pleadings themselves show that the plaintiff cannot gain any advantage by having a judgment rendered in his … and protest made at the polls was made because some of the commissioners of election had carried a ballot to each of these voters at his home to be there voted and then returned to the ballot box, which, of course, was clearly

State ex rel. Hart v. Burke

33 La. Ann. 498 · Supreme Court of Louisiana · Apr 15, 1881

This suit has clearly for its object the appropriation in favor of a *504 private individual, who claims to be a creditor of the State, of money belonging to the State, which is in the State treasury, and which the State … The United States have always enjoyed the immunity. 9 U. S. R. 433 , 486; 9 L. R. Ch. D. 351. It is useless further to extract from authorities.

Opinion Number

Louisiana Attorney General Reports · Jun 5, 2000

In other words, the cooperative endeavor must meet the general standards for the nongratuitous alienation of public funds established in Paragraph (A). City of Port Allen v. … The records of the taxing authority shall clearly reflect the objects and purposes for which the proceeds of the tax are used.

State v. Francis

966 So. 2d 1096 · Louisiana Court of Appeal · Oct 3, 2007

The supreme court reiterated that a defendant must "ask clearly and unequivocally to proceed pro se." Id. at 22. … In sum, we conclude that the defendant neither knowingly and intelligently waived his right to counsel nor did he clearly and unequivocally assert the right to self-representation.

Succession of Abascal

158 La. 969 · Supreme Court of Louisiana · May 25, 1925

The executor qualified and took possession of the estate, consisting mainly of stocks and bonds contained in a bank box on deposit in the Canal-Commercial Trust Savings Bank, and cash on hand to the credit of the deceased … On the alternative demand of the plaintiff, the clause of the will under discussion is clearly, from its language, not a testamentary disposition. It does not bequeath anything.

Hessifer v. Southern Equipment, Inc.

416 So. 2d 368 · Louisiana Court of Appeal · Jun 29, 1982

I submit that the evidence in this case clearly establishes that the "dip and bump" created an unreasonable risk of harm to others and was, therefore, a defect in the highway. … On the other side of the scale the damages sustained by the plaintiff clearly establish the magnitude of the risk involved.

In re Gerhardt

89 So. 3d 1169 · Supreme Court of Louisiana · May 25, 2012

However, the QDRO was still not qualified, and indeed, Ms. Angela Beaver of Mercer told Ms. … This was clearly not the case. On November 7, 2011, a year after he was hired by Mr. Brown and Ms. Hill to expedite the interdiction of Mrs. Caldwell, respondent informed the ODC that she had died.

Snider v. Louisiana Medical Mutual Insurance Co.

12 La.App. 1 Cir. 1068 · Louisiana Court of Appeal · Aug 27, 2014

The record clearly supports a finding that Dr. Yue failed to follow the protocol established in the guidelines for “Indications for Permanent Cardiac Pacing”. … According to these three highly qualified medical experts, and Snider’s treating physician, “[Dr.