Case law

Moore v. Esponge

651 So. 2d 962 · Louisiana Court of Appeal · Mar 8, 1995

In the instant case, the affidavits and depositions on file clearly reveal a disputed fact as to whether or not Esponge was driving the vehicle that Deputy Landry stopped at 12:18 a.m. on August 26, 1989. … The doctrine may have been legislatively overruled by La.R.S. 9:2798.1, which grants immunity to public entities and their officers or employees in the exercise of policy making or discretionary acts. See Persilver v.

Shively v. Pickens

346 So. 2d 1314 · Louisiana Court of Appeal · May 13, 1977

It has also been established that Mrs. … In approaching a review of the awards made in this case we are guided by the well established rule that before an appellate court can disturb an award made by a trial court the record must clearly reveal that the trier of

Hamlett v. DIVISION OF MENTAL HEALTH, ETC.

325 So. 2d 696 · Louisiana Court of Appeal · Jan 12, 1976

Appellant testified that he felt such permission should be requested of his most immediate superior *699 who was a licensed psychologist, and that Appellant knew Haydel was not so qualified. … CONCLUSIONS OF LAW The constitutionally established Civil Service Law of this state is clear in its requirement that disciplinary action against a classified employee must be based on legal cause.

In Re Oil Spill by the Oil Rig "Deepwater Horizon"

808 F. Supp. 2d 943 · District Court, E.D. Louisiana · Aug 26, 2011

Under clearly established law, the DEEPWATER HORIZON was a vessel, not a fixed platform. … and/or qualify for the commercial fishermen exception.

Julien v. Kaplan City Police

District Court, W.D. Louisiana · Jun 22, 2023

To prevail on an excessive force claim, Plaintiff must show an injury that resulted directly and only from a clearly excessive use of force, and the excessiveness of which was clearly unreasonable. Trammell v. … He should provide, if available, court minutes to establish whether any probable cause determinations were made with respect to the arrest of which he complains.

Minden Bank & Trust Co. v. Childs

658 So. 2d 216 · Louisiana Court of Appeal · Jun 21, 1995

She does not dispute the amount owed or the bank’s right to seize and sell the car to satisfy the debt, but contends that Minden Bank cannot avoid succession proceedings, the proper procedural method to establish its rank … Graham’s unopened succession was clearly not a succession representative, and thus was not a proper party defendant. State, Through the Dept. of Transp. & Dev. v. Estate of Davis, supra; Holland, supra.

Board of Directors v. All Taxpayers of the City of Gonzales

929 So. 2d 743 · Louisiana Court of Appeal · Oct 7, 2005

the judge rejected the equal protection challenge upon finding that the defendants failed to demonstrate that they were in fact subject to different treatment under the TIF Act, observing that any individual or business qualifying … They urge that public assistance to one retailer while denying such assistance to other retailers clearly violates notions of equal protection.

Long v. Hutchins

926 So. 2d 556 · Louisiana Court of Appeal · Apr 26, 2006

This is the type of case which could qualify for en banc consideration. *562 On Rehearing STEWART, J. … Long's determinate sentence was clearly criminal in nature.

State v. Marrero

525 So. 2d 203 · Louisiana Court of Appeal · Apr 18, 1988

Marrero was not allowed to carry a gun as a Posse member because he could not shoot a qualifying score at the shooting range. … The court in Bell, supra, at 1136-37 then stated: The jury’s resolution of this issue is not, however, immune from appellate review.

In Re Exxon Coker Fire

108 F. Supp. 2d 628 · District Court, M.D. Louisiana · Aug 4, 2000

finds that the elbow does not qualify as plumbing. … Exxon failed to establish that the inspections involve the design and construction work completed in 1962-1963.

Phillips v. Whittington

District Court, W.D. Louisiana · Dec 2, 2019

The opinion itself is a public record and does not qualify for any privilege or immunity. … Bates No. 0540-0680: These documents and communications are clearly protected by the attorney-client privilege, attorney work product immunity, or both.

Bessie Tillman v. Nationwide Mutual Ins. Co

Louisiana Court of Appeal · Feb 22, 2021

However, the enactment of LSA- R.S. 9: 2795, a second more expansive immunity statute, evidences an intent on the Legislature' s part that these statutes are to grant a broad immunity from liability. … As the party seeking to avail itself of the RUS, the TPCG must establish that it is entitled to immunity under the statues.

State v. Brown

288 So. 2d 339 · Supreme Court of Louisiana · Jan 14, 1974

The defendant argues that LSA-R.S. 42:283-285 and LSA-R.S. 44:1 clearly show that these documents are public records, and that the denial of access to these records substantially deprived him of his right to prepare his defense … Lewis, supra, held that it was reversible error not to allow questioning of an accomplice, who had testified for the state, to determine *346 whether he had been promised immunity or leniency.

State v. Morris

397 So. 2d 1237 · Supreme Court of Louisiana · Apr 6, 1981

Even after repeated attempts by the trial judge to rehabilitate the prospective juror in this case, the juror clearly expressed his feeling that he would hold the State to a higher burden of proof. … the wounds, and to establish the victim's identity.

State v. Van Dyke

856 So. 2d 187 · Louisiana Court of Appeal · Oct 1, 2003

Clearly, the time limitation for the commencement of the defendant's trial for second degree murder has not lapsed. … He testified as to the numerous problems throughout the case with getting qualified counsel to represent the defendant.

Harris v. Metropolitan Life Insurance Co.

35 So. 3d 266 · Louisiana Court of Appeal · Feb 5, 2010

Harris had qualified for disability benefits pursuant to the policy, and that Mr. … Harris’ suit was clearly not premature, and the trial court legally erred in so holding.

Widder v. Louisiana Citizens Property Insurance Corp.

2011 La.App. 4 Cir. 0196 · Louisiana Court of Appeal · Aug 10, 2011

Widder raises two assignments of error on appeal; 1) the district court erred by finding that the lead-based paint which originated in part from outside the property did not qualify as “direct physical loss” to trigger coverage … This policy is characterized as an “all risk” policy, one where all risks are covered unless clearly and specifically excluded. See Morgan v. Auto Club Family Ins.

State v. Dick

362 So. 2d 547 · Supreme Court of Louisiana · Sep 5, 1978

Defendant's qualified plea of guilty was accepted by the trial judge. … In the instant case, the record clearly establishes that the identity of the informer was known to defense counsel and in fact had been disclosed to him by the informer himself, i. e., Arcemont.

Harvey v. Havard

225 So. 2d 615 · Louisiana Court of Appeal · Jul 2, 1969

There is clearly no title translative of ownership of all property west of the fence line. … His conclusion could not have been more clearly expressed: I specifically hold that the prescription provided under LSA-C.C.

M. Hayes & Associates Realty v. Moliere

982 So. 2d 173 · Louisiana Court of Appeal · Mar 11, 2008

However, because of the representations and offers made by Moliere and/or AME — which representations were clearly fraudulent — MH & A bypassed those other opportunities and sustained significant economic loss as a result … to contract with specificity, that Moliere, an AME corporate officer, committed the fraudulent acts, and that Moliere's fraudulent acts could not, by law, be authorized by AME such as to provide him with immunity from suit