Case law

Fakier v. Picou

158 So. 2d 285 · Louisiana Court of Appeal · Nov 12, 1963

John the Baptist failed to properly qualify for said office and this issue was raised in the case pending before the Court. … While it is true that section of LSA-R.S. 33 :2481 dealing with police is omitted from Article 14, Section 15.1(11) nevertheless a reading of the entire constitutional provision clearly shows it was the constitutional intent

Todaro v. City of Shreveport

170 So. 356 · Louisiana Court of Appeal · Oct 30, 1936

The appointed and qualified receiver was made a1 party to the suit, and both defendants appealed from the judgment. … It is our belief that an award of $15,000 will be proper and reasonable and in line with the established jurisprudence of Louisiana involving injuries and suffering of similar import.

Marable v. Empire Truck Sales of Louisiana, LLC

221 So. 3d 880 · Louisiana Court of Appeal · Jun 23, 2017

the finding is not clearly wrong or manifestly erroneous. … Moore has never been qualified by any state under any professional engineering association.

Griffith v. Young

62 So. 3d 856 · Louisiana Court of Appeal · Apr 13, 2011

The Landry court further stated, 851 So.2d at 955 : Absent a qualifying privilege, any provocative or aggressive conduct on the part of the plaintiff should be incorporated into the allocation of fault by the trier of fact … Under the aggressor doctrine, a party could not recover tort damage for a battery committed on his person if the evidence established that his actions immediately before the altercation constituted a provocation sufficient

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

99 La.App. 3 Cir. 1703 · Louisiana Court of Appeal · Apr 5, 2000

Clearly, Mr. Rener's assertions regarding John Doe's statements and actions are hearsay evidence. … Usually such evidence is inadmissible at trial, unless, among other exceptions, it qualifies under the exited utterance exception to the hearsay rule set forth in La.Code Evid. art. 803(2).

Wherland v. Fastabend

11 La.App. 3 Cir. 903 · Louisiana Court of Appeal · Feb 22, 2012

The Louisiana Medical Malpractice Act requires that all claims against qualified health care providers be instituted by filing a request for review with the Division of Administration. La.R.S. 40:1299.47. … The April 22, 2009 filing was clearly in excess of the fifty-three day limit. The plaintiffs argue in brief that they did not discover their claims for damages until sometime between Mrs.

Vinson Pulliam v. Curahealth New Orleans, LLC

Louisiana Court of Appeal · Dec 3, 2025

Curahealth stated that “[t]he opinions of qualified medical experts are necessary to establish the” elements of a medical malpractice action, specifically “the applicable standard of care, whether that standard of care … Clearly, with its contentions in the Motion for Summary Judgment that this case required expert testimony and did not involve an “obviously careless act,” as well as the citation to Pfiffner, Curahealth sought to establish

Fairbanks v. Travelers Insurance Company

232 So. 2d 323 · Louisiana Court of Appeal · May 4, 1970

We are convinced, as the trial jury must have been, that the evidence amply established that if the Rogan car was moving, it was traveling at a speed less than fifteen miles per hour. … Clearly, there is no provision in the statute which limits its application only to situations where traffic is approaching from the opposite direction.

Hughes v. Caddo Parish School Board

57 F. Supp. 508 · District Court, W.D. Louisiana · Jan 29, 1945

It is only when it is clearly shown that the action of such a board is beyond its authority or is ar-° bitrary, Unreasonable, or fraudulent that a court is justified in interfering.’ … The United States Supreme Court held that Waugh could be so obliged without denying him due process of law or his privileges or immunities as a citizen of the United States under the fourteenth amendment.

State v. Butler

2011 La.App. 4 Cir. 0985 · Louisiana Court of Appeal · Oct 3, 2012

While this standard entitles the trial court’s determination to great weight, it will not shield, immunize, or insulate that ruling from an in-depth review. See State v. … Again, the threshold established for a finding of probable cause is neither high nor novel. See Beck v.

Louisiana Life, Ltd. v. McNamara

504 So. 2d 900 · Louisiana Court of Appeal · Mar 4, 1987

The First Amendment to the Constitution of the United States states: *903 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or … The Louisiana sales tax, because it taxes the retail sale of magazines but not sale of newspapers, both of which are protected equally by the Constitution, is clearly unconstitutional as applied to Louisiana Life.

Johnson v. Templeton

99 La.App. 3 Cir. 1274 · Louisiana Court of Appeal · Mar 29, 2000

wrong based on the evidence, or clearly without evidentiary support. … The jury’s finding to the contrary was clearly wrong.

Wood v. Subsea International, Inc.

99 La.App. 4 Cir. 1320 · Louisiana Court of Appeal · Mar 29, 2000

SubSea submits that Wood did not present any evidence that establishes any degree of *567 control over the non-SubSea owned vessels. … Factual findings made by the trial court in a claim under general maritime law are reviewed under a clearly erroneous standard, which is the same manifestly wrong or clearly wrong standard of review used by the Louisiana

State v. Davis

569 So. 2d 131 · Louisiana Court of Appeal · Oct 16, 1990

ERRONEOUS JURY INSTRUCTIONS Initially, we note that defendant failed to lodge a contemporaneous objection to the further charges which the trial court gave the jury. 2 In any event, it is well established that the trial court … Flanagan FOREMAN November 17, 1988 DATE The above verdict is correct in form, responsive to the bill of information, and clearly conveys the jury’s intention to find defendant guilty as charged.

State, in Interest of Bruno

388 So. 2d 784 · Supreme Court of Louisiana · Sep 3, 1980

The Code establishes various procedures for dealing with each of these classifications of children. In the chapter on pre-adjudication motions and relief, C.J.P. art. 61 provides: "A. … Counsel argues the scheme is a comprehensive one that considers every possibility and, by not stating that the state or the court may obtain a psychological examination of a child alleged to be delinquent, art. 61 clearly

Morgan v. City of Shreveport

71 So. 3d 1104 · Louisiana Court of Appeal · Jul 13, 2011

The statute clearly says that any incentive pay plan a civil service board sets up is in addition to any other salary. … The City has clearly shown that the classification suitably furthers an appropriate interest.

State v. Hollingsworth

160 La. 26 · Supreme Court of Louisiana · Nov 30, 1925

facts as proven, which have not been proven;" but "when the purpose is to lead the mind of the witness to the subject of the inquiry, the examining counsel may recapitulate to the witness the acknowledged facts already established … Hence the bottles and their contents, when identified as having been sold by this defendant, were clearly admissible in evidence herein regardless of what their contents might be.

Capital City Press v. East Baton Rouge Parish Metropolitan Council

95 La.App. 1 Cir. 1345 · Louisiana Court of Appeal · Jun 28, 1996

It is in the best interest of the Metro Council to have the largest possible pool of qualified applicants. See Gannett, 557 So.2d at 1159 . … The published job notice immediately following the notice for the Director’s position clearly distinguished the Assistant Director’s job as subordinate and of lesser responsibility.

Brooks v. Kahrs

District Court, E.D. Louisiana · Mar 20, 2025

Liquid Air Corp., 37 raising qualified immunity). … qualified immunity outright”; overruling qualified immunity is “outside [the Court’s] abilities.”

Hawkins

District Court, E.D. Louisiana · Jul 21, 2026

Doc. 9. 2 In conjunction with an adjustment of status requested through a Form I-485, an alien seeking a family-based visa must have their qualifying relative, who … Therefore, the USCIS’s handling of the Petitions clearly does not amount to unreasonable delay, when compared to the standard processing time.