Case law

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.

LAFAYETTE CITY-PARISH CONS. GOV. v. Francis

934 So. 2d 258 · Louisiana Court of Appeal · Jun 28, 2006

Demotion to a position the subject employee is qualified to perform C. Suspension without pay not to exceed 30 days in a calendar year D. Temporary reduction in pay of 5% not to exceed five (5) pay periods E. … The member of the Board who made the initial motion which died for lack of a second clearly found the punishment to be too severe.

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

State v. Jones

593 So. 2d 1301 · Louisiana Court of Appeal · Dec 27, 1991

He also testified he previously had qualified as an expert in federal and state courts. … Clearly, this initial showing is obviated by the holding in Powers v. Ohio .

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

Ponder v. Fussell

180 So. 2d 413 · Louisiana Court of Appeal · Nov 16, 1965

Our learned colleague below was of the opinion the encroachment of the residence on only a portion of defendant's lot would not suffice to qualify as a boundary between the two estates. … On this ground he concluded plaintiff failed to establish the essential requirement of possession to a "visible boundary" as required by Sessum v.

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.

Foley v. Entergy Louisiana, Inc.

946 So. 2d 144 · Supreme Court of Louisiana · Nov 29, 2006

to establish liability on the part of Entergy. … This finding is not clearly wrong.

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.

Succession of Houssiere

247 La. 764 · Supreme Court of Louisiana · Mar 29, 1965

Van Geffen qualified as administratrix and furnished a $50,000 bond. … In this case, we find no evidence establishing mismanagement as a fact on the part of the administratrix.

State v. Batiste

246 So. 3d 52 · Louisiana Court of Appeal · May 9, 2018

After Gurganus was given testimonial immunity, he provided unresponsive answers to the prosecutor, when asked questions about his police statement. … It appears that Gurganus' statement qualifies under the declaration against penal interest exception to the hearsay rule making the statement admissible.

Graham v. St. Landry Parish School Board

689 So. 2d 595 · Louisiana Court of Appeal · Feb 5, 1997

Graham asserts that in the 1991-1992 school year the Board employed non-certified teachers in positions for which he, a certified teacher, was qualified. … La.R.S. 17:81 clearly retains in the Board the authority not only to measure their subordinate’s conduct, but also final authority on which teachers are hired.

Dupree v. J. Ray McDermott & Co.

369 F. Supp. 1055 · District Court, W.D. Louisiana · Jan 28, 1974

It is further undisputed that if either Larry Jones or Frank Gibbons would qualify as an insured under paragraph (c) then McDermott would also qualify as an insured under paragraph (d) with respect to that person since it … All of these acts were clearly independent acts of negligence relating to his failure of general supervision.

Philmon v. Philmon

4 La.App. 3 Cir. 673 · Louisiana Court of Appeal · Nov 10, 2004

LAW AND ANALYSIS Findings of the trial court are reviewable on appeal, and the third circuit’s requisite standard of review has been clearly established. … Nevertheless, it is well established that a co-owner need not pay rent to another co-owner for his exclusive use of the co-owned property. McCarroll v.

State Ex Rel. Dlr

986 So. 2d 76 · Louisiana Court of Appeal · Apr 30, 2008

Butler, T.W.J. clearly loved her child and professed a willingness to do whatever was required of her to win back D.R.'s custody. In fact, Ms. … Buxton did not state that T.W.J. could not be trained to be the primary care giver in the future, only that she was not, at the time of trial, qualified to perform those obligations.

Palermo v. Audubon Insurance Co.

689 So. 2d 589 · Louisiana Court of Appeal · Feb 5, 1997

the finding of the trial court, and (2) The appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). … In addition, in clear and unambiguous language, the policy indicates who qualifies as an insured under the policy. The following definitions contained in the policy are relevant to our analysis: 3.

Marino v. Waters

220 So. 2d 802 · Louisiana Court of Appeal · Mar 10, 1969

the participation in interscholastic athletics is not a property right at all, but is a privilege which the school, or a voluntary association whose rules a school agrees to follow, may withdraw if the student fails to qualify … But it is clearly not arbitrary for a school, or an association of schools, to establish rules based on rational reasons and to apply these rules uniformly.

Lilley v. BOARD OF SUP'RS OF STATE UNIV.

735 So. 2d 696 · Louisiana Court of Appeal · Mar 24, 1999

As for the existence of a duty, the defendant maintains that the plaintiffs failed to establish the existence of a duty to warn of the presence of asbestos in the building. … As for the cause-in-fact element, this prong of the inquiry is clearly established by the record.