Case law

Zen-Noh Grain Corp. v. Jackson

943 F. Supp. 2d 657 · District Court, E.D. Louisiana · Apr 30, 2013

The party asserting jurisdiction bears the burden of establishing that the district court possesses jurisdiction. Ramming v. United States, 281 F.3d 158, 161 (5th Cir.2001). … There is no applicable waiver of the federal government’s sovereign immunity. Zen-Noh’s claims are dismissed for lack of jurisdiction. .

Garner v. Law

560 So. 2d 108 · Louisiana Court of Appeal · Apr 18, 1990

The evidence establishes that on January 4, 1987, Ms. Law was driving the vehicle in a westerly direction on SR-21 in Nacogdoches County, Texas, when she left the road, striking a culvert. … It is undisputed that Rose Law does not qualify as a “FAMILY MEMBER” under the policy, so, in order for the plaintiff to prevail he must prove that Ms. Law was an omnibus insured. For Ms.

In Re Noe

958 So. 2d 617 · Supreme Court of Louisiana · May 22, 2007

Noe, Nurse Hahn is clearly a solidary obligor with Dr. Hill. … Neither of those cases clearly distinguish between suspension of prescription and interruption of prescription.

State v. Romero

533 So. 2d 1264 · Louisiana Court of Appeal · Nov 9, 1988

Assignments 5 & 6 Defendants contend the trial court erred in qualifying Henry Rothschild, M.D., as an expert witness in general medicine and in permitting Dr. … A witness qualified as an expert in general medicine expressed his opinion, based on records seized from defendants' offices, that the office visits noted in the records were too cursory to qualify as comprehensive.

Sciambra v. Edwards

270 So. 2d 167 · Louisiana Court of Appeal · Nov 13, 1972

District Judges shall be elected by a plurality of the qualified voters of their respective districts in which they shall have been actual residents for two years next preceding their election. … This section must be accepted for what it clearly states.

In Re Vioxx Products

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.

Waguespack v. Medtronic, Inc.

185 F. Supp. 3d 916 · District Court, M.D. Louisiana · May 6, 2016

The Noerr-Pennington doctrine confers federal antitrust immunity to parties exercising the First Amendment right to petition the government for redress of grievances. City of Columbia v. … In Lindsey's Employment Agreement, the non-competition clause contains no territory whatsoever, which clearly violates § 921(C).

Magnolia Island Plantation L L C v. Lucky Family L L C

District Court, W.D. Louisiana · Nov 20, 2020

capacity—and alternatively, that the Sheriff violated a clearly established constitutional right and therefore cannot satisfy the qualified immunity defense. … Notwithstanding this finding, summary judgment would be appropriate if Sheriff Whittington were to establish that he is entitled to protection from suit under qualified immunity.

Harrison v. Smith

2002 La.App. 5 Cir. 477 · Louisiana Court of Appeal · Nov 26, 2002

Such rights clearly include the statutory admission. This assignment of error is without merit. … The PCF argues that the Harrisons were clearly aware of the significance of their refusal to accept a blood transfusion, and urges that this was victim fault and the direct cause of Mrs. Harrison’s death.

Aguillard v. Treen

440 So. 2d 704 · Supreme Court of Louisiana · Oct 17, 1983

to establish and maintain education *707 within the state. … The defeat of the proposal indicates clearly that the legislature was denied plenary authority over state educational boards.

Donaldson v. Donaldson

831 So. 2d 416 · Louisiana Court of Appeal · Oct 29, 2002

good" collective *419 bargaining agreement from the beginning through the end of his employment, that there was no indication that Donaldson had "a large jump" at any point in his career, and that the testimony did not establish … Under Blanchard, therefore, clearly the non-employee spouse may ensure payment of his or her interest in benefits by use of a QDRO.

Hercules Offshore, Inc. v. Lafayette Parish School Board, Sales & Use Tax Dept.

14 La.App. 3 Cir. 701 · Louisiana Court of Appeal · Feb 11, 2015

The appellate court must find from the record (1) that a reasonable factual basis does not exist for the finding of the trial court and (2) that the record establishes *1180 that the finding is clearly wrong (manifestly erroneous … The defendants admit that the plaintiff answered discovery on September 1, 2009, which they assert was the last date of activity that qualifies as a step in the litigation under Article 561.

Funchess v. Lindsey

133 So. 2d 357 · Louisiana Court of Appeal · Aug 7, 1961

that the officer may be removed’ without notice or hearing. “ ‘ “But on the other hand, where the appointment or election is made for a definite term or during good behavior, and the removal is to be for cause, it is now clearly … establishes [sic] by the great weight of authority that the power of removal can not, except by clear statutory authority, be exercised without notice and hearing, but that the existence of the cause, for which the power

Thornton v. National RR Passenger Corp.

802 So. 2d 816 · Louisiana Court of Appeal · Nov 14, 2001

First, he claims that the information contained in the documents does not qualify as subsequent remedial measures. Alternatively, Mr. … As such, they do not qualify as subsequent remedial measures under the rules set forth in Fontenot and Northern Assurance Co.

Smith v. Flournoy

238 La. 432 · Supreme Court of Louisiana · Nov 9, 1959

The jurats clearly show that these affidavits were signed and sworn to before the deputy registrar of voters, and thus the requirements of the statute are met. … registration may be challenged only on the ground that he has moved from the precinct, ward, or parish in which he is registered, or that he has never lived there, or that he has not lived there sufficiently long to be a qualified

Washington v. Murphy Oil Corp.

407 F. Supp. 2d 782 · District Court, E.D. Louisiana · Oct 12, 2005

credit in order to qualify for the disability pension, (id). … Murphy points out that Washington cannot establish that he relied on the five year designation in the SPD given that he was informed before he was administratively terminated, via his former counsel, that he did not qualify

Mount Zion Missionary Baptist Church v. Jones

11 La.App. 3 Cir. 0961 · Louisiana Court of Appeal · Feb 1, 2012

The evidentiary record before us establishes that Mount Zion Baptist Church, Incorporated, is a Louisiana nonprofit corporation chartered on June 26, 1928. … powers of this corporation shall be vested in a Board of Trustees comprised of seven persons ... who shall be elected annually by the members of the corporation, and who shall serve until their successors are elected and qualified

State v. Orr

152 La. 1031 · Supreme Court of Louisiana · Dec 29, 1922

Tlie power here delegated is vested in police juries alone, and not in them and in the qualified electors. … We are therefore clearly of the opinion that the police jury of East Baton Rouge parish did not exceed its powers in not excepting from the prohibitory provisions of the ordinance lands of the character that defendant contends

Lestage v. Harris

261 So. 3d 12 · Louisiana Court of Appeal · Nov 8, 2018

The City Charter of the City of DeRidder clearly establishes a continuing obligation on a council member at-large to maintain his domicile in, and actually reside in, the City of DeRidder. Although Mr. … Further, a change in domicile for the purposes of qualifying for public office occurs when there is a change in actual residence accompanied by an intention to make a new principal establishment or home.

Opinion Number

Louisiana Attorney General Reports · Jul 13, 1994

The issue in that case was whether an election called under the old eight-ward scheme was valid, as opposed to holding the election under the current four-ward scheme established by ordinance. … The new election districts, redrawn after every federal census, are clearly the units of election for representation to that body.