Case law

Foret v. Aetna Life & Cas. Co.

337 So. 2d 676 · Louisiana Court of Appeal · Sep 22, 1976

Only one qualifying *681 period is required with respect to those periods of total disability which are considered as one period of total disability under Section 2 of this Article II." … Clearly under the provisions of the policy any award of disability benefits that may be due the plaintiff would first require his qualification by the passage of one six month period of total disability.

Orazio v. Dep't of Police

248 So. 3d 745 · Louisiana Court of Appeal · May 23, 2018

Rather than granting the NOPD's request for the exact position requested, the Commission established an unclassified police commander assignment with a special rate of pay. … According to the job study, the position could be performed by a classified employee and did not establish that the commanders would operate with policy-making autonomy.

Opinion Number

Louisiana Attorney General Reports · Nov 12, 2008

Your letter concedes that the documents requested clearly fall within the definition of public records available for inspection under Title 44 of the Louisiana Revised Statutes. … Finding the president of the title company was entitled to bring his own equipment to reproduce the records at issue, the Court held: As a qualified member of the public, Mr.

State v. DeShazo

504 So. 2d 963 · Louisiana Court of Appeal · Mar 4, 1987

However, in the absence of qualifying provisions, the terms ‘intent’ and ‘intentional’ have reference to ‘general criminal intent.’ … The state asserts that DeShazo’s “actions clearly demonstrate that she was aware that the consequences of her actions were certain to follow.”

Nesom v. Brown & Root USA, Inc.

790 F. Supp. 123 · District Court, M.D. Louisiana · Apr 14, 1992

Since the policy by its own terms does not affect these requirements, it does not affect any offsets which qualify or limit those requirements. … To allow the offset proposed by UNUM would clearly affect the. amount of plaintiff’s worker’s compensation benefits.

Coleman v. Fire Ins. Patrol

122 La. 626 · Supreme Court of Louisiana · Nov 16, 1908

ner as is, or may, hereafter, be provided for the violation of the rights of the fire department” —the preceding section (4), which authorizes the association to maintain and use its apparatus, etc., contains the clause (qualifying … expressed by the Supreme Court of Massachusetts, and, holding that defendant is not a charitable organization, find it unnecessary to go further and consider the question whether, if it could be so regarded, it would be immune

Troquille v. Stirling Properties, Inc.

14 La.App. 3 Cir. 561 · Louisiana Court of Appeal · Nov 5, 2014

Troq-uille ran into should have been more clearly marked. He based his opinion on a “code,” but did not specify which code. Mrs. Troquille introduced Mr. … Wood qualified. We find the trial court erred in ruling the affidavit of Mr. Wood inadmissible. We now turn to the question of whether summary judgment was appropriate if the affidavit of Mr. Wood is considered.

Stewart v. Parish School Board of the Parish of St. Charles

310 F. Supp. 1172 · District Court, E.D. Louisiana · Feb 25, 1970

An examination of our sixty-six local public school systems will show clearly that the property owning taxpayers have willingly shouldered this burden in spite of opposition from segments of labor, conservatives, liberals … The Court said: “We are of the opinion that the ‘one person, one vote’ principle is now firmly established in broad general terms without qualification or exception.

State v. Alexander

255 La. 941 · Supreme Court of Louisiana · Mar 30, 1970

It is obvious, from a mere reading of the grounds above set forth, that the objection stated in paragraphs one and three are clearly without substance. … Hence; it must perforce. propound to the State witnesses questions to establish this as a fact.

State v. Smith

713 So. 2d 650 · Louisiana Court of Appeal · May 13, 1998

Detective Freeman was qualified by the court as an expert in the packaging, distribution, sale, and cash value of crack cocaine. … A trial court is not required to render a suspended sentence or probation on a first (or qualifying second) felony offense.

Barras & Breaux v. Champeaux

526 So. 2d 1231 · Louisiana Court of Appeal · Apr 6, 1988

Both sides presented well qualified real estate appraisers, none of whom agreed with another. … In the instant situation, all four of the real estate appraisers were qualified in their field of expertise.

City of Lake Charles v. Wallace

247 La. 285 · Supreme Court of Louisiana · Jan 18, 1965

As stated in our original opinion, "Such an ordinance is clearly authorized without a vote of the electorate." See, City of Glendale v. Trondsen, 48 Cal.2d 93 , 308 P.2d 1 ; Marangi Bros. v. … Ordinance No. 1381 makes no provision for the collection and disposal of the garbage of commercial establishments; the ordinance levies no charge against such establishments.

Central Sav. Bank & Trust Co. v. Succession of Brandon

167 So. 515 · Louisiana Court of Appeal · Apr 30, 1936

Levy qualified as tutor of the minors. Their mother predeceased the father. … They argue that by so accepting said succession, Oscar Brandon legally established-a conditional obligation in favor of all creditors of the succession of which the bank, as holder of said notes, might have availed itself

McWhiney v. State, Department of Public Safety

514 So. 2d 1202 · Louisiana Court of Appeal · Oct 28, 1987

Section 662 establishes the crucial presumption that one is “under the influence of alcoholic beverages” with a blood test reading of .10. … Clearly, a license cannot be suspended without the presumption established by Section 662.

Holliday v. U.S. Bank, National Association

District Court, M.D. Louisiana · Aug 15, 2022

Bank and Trans Union concerned a stay of discovery in light of a qualified immunity defense afforded to government officials. See Nelson v. Louisiana Dep't of Pub. … Bank and Trans Union, which are private entities, do not and cannot raise the defense of qualified immunity.

Price v. City of New Orleans

95 La.App. 4 Cir. 1851 · Louisiana Court of Appeal · Mar 27, 1996

It is sufficient that he establishes the cause *1050 of his disability by a reasonable probability. McDonald, supra at p. 110 . … Sanchez stated that no immunizations against hepatitis were given to the firemen by the City and the City did not even provide gloves until 1991 or 1992.

Regina Rizzutto v. Lance Joseph and Hon. Amanda Gross Thies, West Baton Rouge Parish Clerk of Court

Louisiana Court of Appeal · Aug 7, 2024

establishing that the candidate: ( 1) was an elector of the municipality at the time of qualifying; ( 2) was domiciled in the municipality for at least a year prior to qualifying; and ( 3) actually resided in the municipality … for at least a year prior to qualifying.

Warren v. Sabine Towing and Transp. Co.

2002 La.App. 3 Cir. 0573 · Louisiana Court of Appeal · Oct 30, 2002

Warren's widow, Evelyn Yvonne Warren, qualified as administratrix of his estate and continued the litigation as party plaintiff. … Warren did nothing to establish that her husband's disease and progression to AML was any different from that encountered in the parts of the population not so exposed.

Aderholt v. Metro Security, Inc.

14 La.App. 5 Cir. 880 · Louisiana Court of Appeal · Mar 25, 2015

order to prove a prima facie case of age discrimination, the plaintiff must show that: 1) she is in the protected age group (over age forty); 2) her employment with the defendant was involuntarily terminated; and 3) she was qualified … Second, the appellate court must further determine that the record establishes that the finding is clearly wrong or manifestly erroneous. Stobart v. State through Dept. of Transp. and Dev., 617 So.2d 880, 882 (La.1993).

Gordon v. Levet

688 So. 2d 57 · Louisiana Court of Appeal · Jan 15, 1997

At this point defendant could go forward and attempt to defend, but the trial judge clearly did not improperly allocate the burden of proof and plaintiffs did clearly establish the elements of their cause of action. … Joseph Blaschke was qualified as DOTD's highway design, traffic engineering and accident reconstruction expert.