Case law

Baker v. TL James & Co., Inc.

398 So. 2d 1223 · Louisiana Court of Appeal · May 5, 1981

R.S. 23:1061 of the Workmen's Compensation Act establishes the concept of statutory employer. … This clearly places him within the terms of LSA-R.S. 23:1101 thereby permitting the plaintiff to assert a cause of action in tort against him.

Holmes v. White

District Court, E.D. Louisiana · Feb 23, 2024

But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.” Imbler, 424 U.S. at 427. … Nevertheless, “the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.” Id. c.

Deculus v. Welborn

964 So. 2d 930 · Supreme Court of Louisiana · Oct 1, 2007

Clearly, La. R.S. 18:601(B) was enacted specifically to give clarity to the term limits amendment to the Constitution. … All have standing to bring this action as qualified electors in Senate District 14 pursuant to La. R.S. 18:1401(A). [3] La. R.S. 18:1406(C) and La.

Sullivan v. Sullivan

892 So. 2d 134 · Louisiana Court of Appeal · Dec 30, 2004

Bailey clearly would have had the right to share, in the stipulated percentage, in the retirement benefits he would have received. … Bailey clearly established that DROP funds are considered retirement benefits, apportionable in accordance with Sims .

State v. Migliore

261 La. 722 · Supreme Court of Louisiana · Mar 27, 1972

If we are required to break the seal then the chain of evidence would be very hard to establish. … He is immune from question or comment on his silence; he cannot be convicted when there is the least fair doubt in the minds of any one of the twelve.

Cazenave v. Pierce

568 So. 2d 1360 · Louisiana Court of Appeal · Oct 11, 1990

In construing the statute the court stated: "[A]n employer's absolute liability (whether personal or vicarious) for intentionally inflicted injuries could be considered as a possible legislative trade-off for absolute immunity … Pierce submits that the evidence clearly showed that plaintiff was a malingerer and grossly exaggerated her symptoms.

Broaden v. Department of Police

2003 La.App. 4 Cir. 1427 · Louisiana Court of Appeal · Jan 14, 2004

2000-1682, p. 8 (La.App. 4 Cir. 5/9/01), 789 So.2d 622, 627 , this Court held: The public puts its trust in the police department as a guardian of its safety, and it is essential that the appointing authority be allowed to establish … Clearly, such evidence may be admissible if it is 17competent evidence. Thus the question becomes whether Sergeant Thomas’ testimony regarding Smith’s observations was competent evidence.

Succession of Butterworth

195 La. 115 · Supreme Court of Louisiana · Mar 4, 1940

Walker qualified as trustee in each case. … In the bequest in trust made to Bruce Butterworth, double ink lines are drawn through the words, “also my undivided' interest in timber lands,” but the words themselves are clearly legible.

Esteve v. Iberia Parish Hospital

539 So. 2d 727 · Louisiana Court of Appeal · Feb 8, 1989

The testimony established that Anna Belle’s condition should have placed the hospital staff on guard that she might aspirate vomit. … Notwithstanding the pressures placed on the hospital staff in this instance, we are unable to conclude that the decision of the jury is clearly erroneous.

Roberts v. Evangeline Parish School Board

155 La. 331 · Supreme Court of Louisiana · Nov 19, 1923

According to section 14 of article 14 of the Constitution, the school board, in order to issue the bonds and levy the tax, had to be authorized “by a vote of a majority, in number and amount, of the property taxpayers qualified … A voting precinct was established in Evangeline parish, so that the taxpayers residing in that parish could vote for or against the proposition; but the taxpayers residing in Acadia parish were not allowed to vote.

State v. Shokr

16 La.App. 5 Cir. 337 · Louisiana Court of Appeal · Feb 8, 2017

Although Defendant testified that he never sexually molested S.K. and suggested that S.K. was lying so she could “get back with her father,” the jury clearly chose to believe the testimony of S.K. and that of the other State … Troy’s “qualifications certainly qualify her to testify in this case.”

Baham v. Sutherland

197 So. 2d 345 · Louisiana Court of Appeal · Apr 3, 1967

Defendant and his wife emphatically testified that they came to Louisiana to establish a domicile. … to establish a domicile and remain in Louisiana.

Fontenot v. Patterson Insurance

23 So. 3d 259 · Supreme Court of Louisiana · Dec 11, 2009

It is well settled that an appellate court may not disturb a jury’s finding of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous. … Rather, the record clearly establishes, as properly determined by the jury, that the accident was caused exclusively by driver error. As we have already discussed, Mr.

Summers v. Sutton

428 So. 2d 1121 · Louisiana Court of Appeal · Feb 22, 1983

Thus, LSA-R.S. 49:957 is clearly inapplicable. … Davis, a Development Geologist with Inexco, qualified as an expert in petroleum geology.

Spreadbury v. STATE, DEPT. OF PUB. SAFETY

745 So. 2d 1204 · Louisiana Court of Appeal · Nov 5, 1999

Moreover, the Louisiana Supreme Court has recently considered the issue of whether hearsay evidence can qualify as "competent evidence" in administrative proceedings before the Office of Workers' Compensation. … Nonetheless, given this court's analysis of this issue, we concluded that plaintiff was not entitled to declaratory judgment as prayed for. [7] Although not clearly established by the record, in brief to this court, plaintiff

Kell v. Iberville Bank

352 F. Supp. 3d 650 · District Court, E.D. Louisiana · Nov 7, 2018

But while that finding lowers the bar for what conduct may qualify as extreme, it does not eliminate Plaintiff's burden to establish a pattern of "deliberate, repeated harassment over a period of time." Id. … See id. at 733 (finding that federal whistleblower statutes clearly only apply to employment decisions made after a protected disclosure).

State v. Leader

5 So. 3d 317 · Louisiana Court of Appeal · Feb 13, 2009

Specifically, the defendant argues the State failed to establish that the blood drawn from him was in accord with the methods approved by the Department of Public Safety. … These photographs clearly corroborate the testimony that Ms. Landrum's vehicle had been demolished.

State v. Stewart

92 La.App. 4 Cir. 2536 · Louisiana Court of Appeal · Dec 15, 1994

New Orleans Police Officer Michael Glas-ser, who was qualified as an expert in the packaging and distribution of controlled dangerous substances, testified heroin was packaged in individual dosages in small amounts of tin … to the satisfaction of the judge, by affidavit of a credible person, reciting facts establishing the cause for the issuance of the warrant.

United States ex rel. Mack v. Walker

231 F. Supp. 819 · District Court, E.D. Louisiana · Jul 9, 1964

The burden of establishing the discrimination rests upon the defendants. … Certainly it is necessary to have only qualified persons serve on a grand jury.

Gumpert v. Signal

180 La. 59 · Supreme Court of Louisiana · May 21, 1934

Signal opened the succession of her deceased husband and qualified as natural tutrix of her minor children. … Bordis, there was no reason why the precedents established in the first two cases should not be followed in similar cases under the vigilant eye of the court.