Case law

Nestor v. LA. UNIV. HEALTH SCIENCES CENTER

917 So. 2d 1273 · Louisiana Court of Appeal · Dec 30, 2005

Nestor's testimony is read in its entirety, she clearly states that Dr. … As stated above, we find no evidence that clearly establishes that the Nestors understood that surgery was performed at a different level than originally shown on the consent form and that a complication had occurred prior

Williams v. City of Baton Rouge

200 So. 2d 420 · Louisiana Court of Appeal · May 29, 1967

We have carefully examined the McGuire case and conclude that the facts presented in the instant matter are clearly distinguishable. … The general rule is well established that an appellee cannot by answer to the appeal obtain an amendment of the trial judgment in his favor against another appellee.

Klemetsen v. H & R Block, Inc.

569 So. 2d 559 · Louisiana Court of Appeal · Oct 11, 1990

Defendant cross-examined Norman on his qualifications, then stated “we will not object to qualifying him in the area of architecture.” The court then accepted Norman as an expert in the field of architecture. … that the finding is not clearly wrong.

Morrison v. Blanchard

District Court, E.D. Louisiana · Apr 3, 2023

Lotttinger and Holmes also argue that they are entitled to qualified immunity. Blanchard has filed a separate motion to dismiss pointing out that Mr. … He argues further that he is entitled to qualified immunity. Mr. Morrision opposes.

Opinion Number

Louisiana Attorney General Reports · Aug 20, 1999

The parenthetical reference to the position of marshal clearly indicates that the former position of marshal is incorporated in the position of chief of police. … You object to the establishment of the Personnel Board for the City of Plaquemine, consisting of the Mayor and Board of Selectmen. This board was established in the 1960's.

Miller v. Oubre

682 So. 2d 231 · Supreme Court of Louisiana · Oct 15, 1996

Qualifying for the offices of justice of the peace and constable was scheduled to begin Wednesday, July 10, 1996. [2] *233 Plaintiffs Henry R. … Charles Parish immunity from state legislative control when exercising within their boundaries legislative powers consistent with the 1974 state constitution that are not denied by general law.

Quiana Lorden v. Paramount Healthcare Consultants, LLC

Louisiana Court of Appeal · Nov 2, 2016

The resident’s portion is established by the government. NON-SKILLED SERVICES For residents who do not qualify for Skilled Nursing services, the following provisions apply. … BORROWING EMPLOYER Appellants also argue on appeal that the record is insufficient to establish that Merryville is immune from their tort claims on the basis that it is a borrowing, or special, employer under La.R.S

Ricks v. Gantt

35 La. Ann. 920 · Supreme Court of Louisiana · Jul 15, 1883

He qualified and served as such until his appointment as Judge, and received in 1867 from Anderson, curator, the sum of $50 as his fee therefor. … We consider defendant’s liability to the full amount of his bond is clearly established in this case, Anderson’s defalcation exceeding this amount, even after allowing all the credits claimed in his behalf.

Mundy v. DEPT. OF HEALTH & HUMAN RES.

609 So. 2d 909 · Louisiana Court of Appeal · Feb 19, 1993

arise out of or occur in the course and scope of her employment. [1] The Supreme Court granted writs and reversed our judgment, finding that the defendant employer failed to meet its burden of proving entitlement to tort immunity … In the same respect, a business establishment is under a duty to take reasonable care for the safety of its patrons, but it is not the insurer of their safety. Phillips v.

Billeaud v. Poledore

603 So. 2d 754 · Louisiana Court of Appeal · May 22, 1992

Tort immunity under the borrowed servant doctrine is an affirmative defense within the context of a tort action. Brumbaugh v. … Hebert, testified light duty jobs for which plaintiff was qualified were available in the Lafayette area.

McKenzie v. Webster Parish School Bd.

609 So. 2d 1028 · Louisiana Court of Appeal · Dec 2, 1992

The answers to interrogatories and depositions establish that non-renewal of plaintiff's contract was in accordance with LSA-R.S. 17:442. … Activities would be prescribed, a time period established and data for reevaluation determined.

United States v. Dauphin

20 F. 625 · U.S. Circuit Court for the District of Eastern Louisiana · May 12, 1884

Parsons Judge Betts says: “Legislation of such scope and extent would clearly not be in furtherance of the functions and duties of the post-office department.” … “In violation of this section” means in violation of the general and sole prohibition upon which it all rests, and in aid of which its penalties were established.

Upchurch v. Bituminous Insurance Co.

340 So. 2d 627 · Louisiana Court of Appeal · Dec 6, 1976

An employee is considered totally and permanently disabled if the evidence establishes that he will incur substantial pain in the performance of his employment. … The evidence clearly supports this finding.

Payne v. Fontenot

925 F. Supp. 414 · District Court, M.D. Louisiana · Aug 16, 1995

But, because of that choice, they do not qualify under the video gaming device licensing statute to operate video poker machines at that bar. … Even if the strict scrutiny or undue burden standard applied to this ease, the regulation and the Division’s application of it clearly pass both.

Fishbones, Inc. v. Southern Boat Service of La., Inc.

2002 La.App. 4 Cir. 2368 · Louisiana Court of Appeal · Jun 4, 2003

The district court established that the lost vessel was unique. First, the barge was uniquely suited for use as a drydock platform, and only six other similar barges existed. … The trial court noted that there was no evidence introduced to qualify Mr. Ingram as an expert in valuing vessels; however, *813 the value reported was indicative of what Mr.

Beeland Properties, LLC v. TDP Group, LLC

United States Bankruptcy Court, M.D. Louisiana · Jul 17, 2025

§ 106(a) and § 544(b), and defy our established rule that sovereign-immunity waivers must be construed narrowly. … This court clearly does not have in rem jurisdiction over TDP’s potential property, no matter how tempting it might be to preserve the value of the estate’s reimbursement claim by placing a hold on the money.

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.

In Re Arbitration Betweem US Turnkey Exp. and Psi, Inc.

577 So. 2d 1131 · Louisiana Court of Appeal · Mar 28, 1991

The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator. … NOTES [1] Another ground for vacating an arbitration award based on legal error was established in Matter of Standard Coffee Service Co. and Theordore W.

Opinion Number

Louisiana Attorney General Reports · Mar 17, 2008

An "appointment" is the offer by an appointing authority of employment in a classified position and the acceptance of the offer by a qualified person. 8 As stated in your letter, prior to the creation of the Authority Boards … Clearly, within each individual levee district, the Authority Board may freely move employees about as it deems best, limited only by the CSRs.

Williams v. Holly Hill Nursing Home

93 La.App. 3 Cir. 557 · Louisiana Court of Appeal · Mar 30, 1994

This language is qualified by the provision that "said failure to answer truthfully directly relates to the medical condition for which a claim for benefits is made." *387 The majority incorrectly reads the statute to require … As in most years, the action of the legislature was aimed in part at preventing the judiciary from undermining established worker's compensation laws by unduly liberal interpretation.