Case law

Keller v. Loflin

13 La. Ann. 185 · Supreme Court of Louisiana · Mar 15, 1858

payment thereof be made before the expiration of twelve months after the passage of this Act; and provided, further, that the party thus applying’ for a preference right shall make oath before some officer of the State qualified … this time whether a sale of the preemption right of an actual settler upon State lands, can be proved by parol; being convinced that the objection to the witness on the score of interest, was well taken, and that he was clearly

Taylor v. Cain

649 F. Supp. 2d 460 · District Court, E.D. Louisiana · Jun 9, 2009

The focus of the latter inquiry is on whether the state court’s application of clearly established federal law is objectively unreasonable, and we stressed in Williams [v. … The Mattheson court clearly stated that the Sixth Amendment of the United States Constitution and section 16 of article 1 the Louisiana Constitution do not support a claim for defense witness immunity.

State v. Small

693 So. 2d 180 · Louisiana Court of Appeal · Apr 2, 1997

Tingle, she had qualified as an expert in serology approximately 50 times and in DNA analysis on ten occasions. … Tingle explained her credentials and noted that she has qualified as an expert in DNA ten times; in fact, she has never failed to so qualify. This assignment is without merit. Assignment of Error No. 17.

Richard v. State Farm Mutual Automobile Insurance Co.

907 So. 2d 886 · Louisiana Court of Appeal · Jun 29, 2005

Richard qualifies for the exception in all ways but one — it is undisputed that Mr. Richard was injured while he was driving a vehicle owned as separate property by his spouse with whom he lived. In Taylor v. … That is a novel and interesting argument, but is better addressed to the legislature; the statute clearly commands the instant result.

Luther Charles v. Transcontinental Gas Pipeline, LLC

Louisiana Court of Appeal · Mar 12, 2025

Galligan, Jr., The Employer’s Tort Immunity: A Case Study in Post–Modern Immunity, 57 La.L.Rev. 467, 488 (1997). … We find this evidence sufficiently establishes a contract between Blue Fin and Hydrochem.

Hall v. Hy-Tech Roofing Services, Inc.

99 La.App. 5 Cir. 436 · Louisiana Court of Appeal · Nov 10, 1999

Subsequently, defendants filed a motion for summary judgment on the ground that the above cited law provides tort immunity from plaintiffs’ claims. … The clear aim of the legislature was to use the, well-established division between intentional torts and negligence in common law.

Metro City Redevelopment Coalition, Inc. v. Brockman

2013 La.App. 1 Cir. 1615 · Louisiana Court of Appeal · Mar 21, 2014

The trial court’s factual findings in a quo warranto proceeding are reviewed on appeal under the manifest error/clearly erroneous standard of review. See In re Interdiction of Vick *499 nair, 822 So.2d at 52 ; Hale v. … Acknowledgments may be taken before any notary public duly appointed and qualified in Louisiana. La. R.S. 35:3.

Porter v. Conway

181 La. 487 · Supreme Court of Louisiana · Dec 5, 1934

But clearly it would have been to the interest of the party cast below to appeal immediately. … *Page 529 Wherefore, we are of the opinion that relator has established his right to have this court invoke its supervisory jurisdiction and grant the remedial writs.

Holmes

District Court, E.D. Louisiana · Apr 27, 2026

Holmes maintains Daniels’ conduct is outside the scope of prosecutorial immunity. Id. … In the context of state law prosecutorial immunity, the Louisiana Supreme Court has adopted the same immunity principles as federal court. See Knapper v.

Borden, Inc. v. Gulf States Utilities Co.

543 So. 2d 924 · Louisiana Court of Appeal · Apr 11, 1989

The trial court further determined that, because Borden had received certificates from the Federal Energy Regulatory Commission qualifying its three cogeneration facilities, GSU was obligated to provide standby power to each … These documents clearly show that Borden, Monochem, and Uniroyal were aware of their obligation to pay the minimum demand charges.

Cormier v. Comeaux

748 So. 2d 1123 · Supreme Court of Louisiana · Jul 7, 1999

that the finding is clearly wrong (manifestly erroneous). … The court held that failure to reconstruct the highway to meet modern standards did not establish the existence of a defect.

State v. McGuire

481 So. 2d 740 · Louisiana Court of Appeal · Dec 26, 1985

You will be allowed to call a physician or other qualified person of your choice to give you an additional test, at your expense, if you so desire. C. … The factual statement to the contrary made by the majority is clearly wrong.

State Ex Rel. Woodard v. Ozley

203 La. 579 · Supreme Court of Louisiana · May 17, 1943

and apply to any debt incurred or bond or other evidence of debt issued by any such governmental agency named in Section 2 of this Act, whether the same has been authorized by an election of the property taxpayers who are qualified … Now, as relates to the debt for the payment-of which these certificates were issued, the record establishes beyond question, in my opinion, that it was one which the Police Jury had no power or authority to incur.

Eldridge v. Federal Compress Warehouse Co.

24 So. 2d 492 · Louisiana Court of Appeal · Nov 29, 1945

The testimony clearly establishes the fact that plaintiff was practically covered with pieces of iron and timber, and it is further established that some of these pieces were of considerable weight. … The testimony of four doctors testifying on behalf of plaintiff, and five testifying for defendant, all qualified as expert medical witnesses, discloses the usual irreconcilable difference of opinion which has come to be

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.

Plumbar v. Landry

District Court, M.D. Louisiana · Aug 26, 2021

The Court held that “unlike various government officials, municipalities do not enjoy immunity from suit—either absolute or qualified—under § 1983.” Id. at 165. “Official-capacity suits . . . … Therefore, absolute immunity does not apply. B.

Bonnette v. Conoco, Inc.

837 So. 2d 1219 · Supreme Court of Louisiana · Jan 28, 2003

Lemen further testified that there is no "safe" level of exposure to any carcinogen because immune systems vary from person to person, and everyone is in a different state of health. … Because we have this duty, we must determine whether the verdict was clearly wrong based on the evidence, or clearly without evidentiary support. Id.

Succession of Schmolke

2012 La.App. 4 Cir. 1630 · Louisiana Court of Appeal · Jun 13, 2013

It is undisputed that Tara’s Catina property and Darren’s business were each one’s exclusive separate property, having been acquired prior to the establishment of the community property regime. See La. … respect to the engagement ring, we find, based upon Darren’s own testimony, that the ring was a pre-marriage gift from him to Tara and was surely her separate property because it was property acquired by her prior to the establishment

Benoit v. ACE Transportation

10 La.App. 3 Cir. 371 · Louisiana Court of Appeal · Dec 8, 2010

Thirty-four conditions qualify as permanently disabling. La.R.S. 23:1378(F). Because forfeiture is a harsh remedy, La.R.S. 23:1208.1 must be strictly construed. Nabors Drilling USA v. … An employer can also establish prejudice by showing that the employee’s answer on the questionnaire affects the employer’s ability to recover from the second injury fund. Id.

Shannon J. Clement v. Dusty Reeves

Louisiana Court of Appeal · Jan 30, 2008

Clearly, LCG was provided with immunity from negligence in its efforts to remedy the effects of Hurricane Lili during the state of emergency absent a showing of willful misconduct. Castille v. … We again recognize that “Clearly, LCG was provided with immunity from negligence in its efforts to remedy the effects of Hurricane Lili during the state of emergency absent a showing of willful misconduct.