Case law

State v. White

244 La. 585 · Supreme Court of Louisiana · May 28, 1963

Such remarks had nothing whatever to do with the nature of the charge and clearly were not an outline of the evidence by which the state expected to prove it. … The objection made then, as well as these bills, is clearly without merit.

Elmer Candy Corp. v. Administrator of Employ. SEC.

286 So. 2d 423 · Louisiana Court of Appeal · Nov 12, 1973

It readily appears under the provisions of the foregoing statute that as long as the claimants' unemployment was due to the labor dispute they were disqualified for unemployment benefits; and that in order to qualify for … Supreme Court said: "It was clearly error to hold that the right of the strikers to reinstatement expired on August 20, when they first applied.

Perrit v. Bernhard Mech. Contractors, Inc.

669 So. 2d 599 · Louisiana Court of Appeal · Feb 23, 1996

As statutory employer, Bernhard was entitled to tort immunity and was subsequently dismissed from the suit, leaving LSU as the sole remaining defendant. … The contract clearly places the responsibility for all safety aspects of the renovation project on the Contractor, and nowhere in the contract is any of this responsibility or the right to control or supervise the work placed

Petry v. 15th Judicial District Court

District Court, W.D. Louisiana · Jun 12, 2025

The Notice of Felony Status, also provided by Petry as an exhibit to his complaint, establishes that he was ultimately charged with numerous counts of possession with intent to distribute narcotics and possession of a … whether it qualifies as a "juridical person." Fed. R. Civ. P. 17(b). Under these guidelines (Fed. R. Civ. P. 17(b) and La. Civ.

MIDDLE TENNESSEE COUNCIL, INC. BOY SCOUTS OF AMERICA v. Ford

205 So. 2d 867 · Louisiana Court of Appeal · Dec 19, 1967

Hooker, was qualified as executor under the laws of the State of Tennessee. Subsequent thereto, in a proceeding entitled "Succession of Leslie G. … Such an allegation on the part of the petitioners clearly set forth that the sale was clearly tainted with the legal conclusion of fraud or conspiracy. In Bordelon v. Bordelon (Supra); and Huckaby v.

Orthopaedic Clinic of Monroe v. Ruhl

786 So. 2d 323 · Louisiana Court of Appeal · May 11, 2001

Four separate plans were established—one each for the three physicians and one for the non-physician employees. … A trial court's findings of fact will not be disturbed unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous. Daye v.

In re Mexican-American Fruit & Steamship Corp.

34 F.2d 674 · District Court, E.D. Louisiana · Sep 11, 1929

It is the condition precedent, compliance with which is required of the vessel’s owner to give him the benefit of the immunity afforded by the act. International Navigation Co. v. Farr & Bailey Mfg. Co., 181 U. … While it is true that the vessel did not open up immediately after grounding, those who by experience and observation are most qualified to express themselves have stated that it is possible under the circumstances for mud

Owens v. Louisiana State Racing Com'n

466 So. 2d 764 · Louisiana Court of Appeal · Mar 12, 1985

The facts clearly show that the analysis of the State Chemist was positive for procaine. The referee sample was "conditionally" negative. … NOTES [1] LAC 11-6:53.37.1 provides: "The following procedure is hereby established for the testing of a split or referee sample.

Gorman v. Swaggart

524 So. 2d 915 · Louisiana Court of Appeal · Apr 22, 1988

In spite of defendants' arguments to the contrary, Gorman clearly is not disputing his dismissal as a minister. How could he when his voluntary resignation predated his formal dismissal? … The parameters of the relief which can be granted in the event that Gorman and MGM are successful are obviously fixed by the constitution and the law on qualified privileges.

Doga v. Southern Farm Bureau Ins. Co.

511 So. 2d 78 · Louisiana Court of Appeal · Jun 26, 1987

Defendant presented testimonial and documentary evidence tending to establish that the understanding between plaintiff, his employer, the Postal Service, and the defendant was that the $1,065.00 draft was intended as full … The issue depends largely on the credibility of the witnesses, which the trial judge is better qualified to determine.

Plunkett v. Merck & Co.

489 F. Supp. 2d 587 · District Court, E.D. Louisiana · May 30, 2007

Graham is qualified to testify as to the existence of a thrombus and its role in Mr. Irvin’s death. He just is not qualified to testify that Vioxx can cause a thrombus and did cause Mr. Irvin’s thrombus. … Rayburn clearly misrepresented his certification status to both this Court and to the jury. Moreover, Dr.

State v. Hookfin

476 So. 2d 481 · Louisiana Court of Appeal · Oct 8, 1985

The right of each party to impeach the testimony and the credibility of his adversary's witnesses has been clearly established. LSA-R.S. 15:486; State v. Redwine, 337 So.2d 1041 (La.1976). … The particular remark objected to was a comment by the district attorney on evidence admitted and was clearly not improper. LSA-C.Cr.P. art. 774.

Gore v. City of Pineville

598 So. 2d 1122 · Louisiana Court of Appeal · Apr 8, 1992

Pineville refused to pay Gore’s medical expenses and denied his worker’s compensation benefits, contending under LSA-R.S. 23:1081 that Gore was not qualified for such benefits because his voluntary intoxication caused his … Under this limited holding in Socorro, we find the case before us clearly distinguishable.

Harris

District Court, E.D. Louisiana · Dec 30, 2025

does not exist.”10 A court may not dismiss a claim simply because the facts are “unlikely.”11 A factually frivolous claim alleges only facts that are “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional … CONCLUSION Although Plaintiff has sufficiently established her inability to pay fees under 28 U.S.C.

Martello v. City of Ferriday

813 So. 2d 467 · Louisiana Court of Appeal · Mar 6, 2002

We further overrule the exception of no cause of action filed in this court. *474 DISCRETIONARY ACT IMMUNITY The Town further asserts that the trial court should have dismissed Plaintiff's suit because the town is immune … It has been established that the existence of issues *479 particular to individual members of the class does not defeat commonality. McCastle, supra, 456 So.2d at 620 .

Lambert v. Delcarpio

272 So. 3d 112 · Louisiana Court of Appeal · Apr 24, 2019

Louisiana has granted absolute immunity in judicial proceedings to a non-litigant, or a non-party witness. Lauga v. McDougall , 463 So.2d 754 , 755 (La. App. 4th Cir. 1985), citing Moity v. … First, it must be determined whether the attending circumstances of a communication occasion a qualified privilege. Id .

Opinion Number

Louisiana Attorney General Reports · Jan 31, 2000

The Minutes clearly reflect that the Program was established pursuant to R.S. 46:1102 . R.S. 46:1101 establishes a medical scholarship program and provides, in pertinent part, the following: § 1101. … Accordingly, we find the Program in question clearly constitute a public purpose.

Bell v. City of Lake Charles

16 La.App. 3 Cir. 764 · Louisiana Court of Appeal · Apr 19, 2017

The testimony established that the overtime system in the LCPD was based on the honor system; a supervisor had to assume that the requesting employee qualified for overtime because the supervisor had no way to verify the … I find the record is woefully lacking of any evidence to establish that.

State v. Gerard

685 So. 2d 253 · Louisiana Court of Appeal · Nov 14, 1996

In Dockens , the appellate court found no merit to defendant's argument based on the fact that defendant was not able to establish that Ms. … Furthermore, the record failed to establish that Mr. Blake ever recognized the defendant or made any connection between him and other members of the defendant's family.

DeRouen v. Audirsch

639 So. 2d 476 · Louisiana Court of Appeal · Jun 28, 1994

DeRouen had no typing or computer skills and was therefore not qualified for clerical work. Though Dr. … DeRouen's uncontroverted testimony established that Mrs. DeRouen's entire demeanor and personality has changed since the accident.