Case law

Kristy Smith v. Jefferson Parish, et al.

District Court, E.D. Louisiana · Jul 21, 2026

immunity, that Defendant should be allowed to assert.16 The present Motion was set for submission on July 21, 2026, and as of the date of this Order and Reasons, no response by Plaintiff has been filed.17 … The Fifth Circuit has established a three-part test for determining whether to set aside an entry of default.18 When determining whether to set aside an entry of default, “the district court should consider whether

JEFFERSON PAR. SCH. BD. v. Jefferson Par. Dem. Ex. Com.

246 La. 51 · Supreme Court of Louisiana · Apr 17, 1964

A councilmanic form of government has now been established. Act 431 of 1958 specifically repealed LSA-R.S. 17:60. … in the following form: "FOR the establishment of a ten member school board in the Parish of Jefferson "and also: "AGAINST the establishment of a ten member school board in the Parish of Jefferson "The results of said referendum

Filmore Parc Apartments II v. Foster

2016 La.App. 4 Cir. 0568 · Louisiana Court of Appeal · Feb 15, 2017

“‘Exemptions from taxation are strictly construed, an exemption being an exceptional privilege which must be clearly and unequivocably and affirmatively established.’” Abundance Square Associates, L.P. v. … All of the housing units were required to be operated as “ ‘qualified low-income units’ under Section 42 of the U.S. Internal Revenue Code.” Id., 10-0324,p. 3, 62 So.3d at 263 .

Hingle v. Plaquemines Oil Sales Corp.

399 So. 2d 646 · Louisiana Court of Appeal · May 22, 1981

`Manifestly erroneous,' in its simplest terms, means `clearly wrong.' We said then, that the appellate court should not disturb such a finding of fact unless it is clearly wrong. … that the finding is not clearly wrong (manifestly erroneous)."

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

Thibodeaux v. Comeaux

11 La.App. 3 Cir. 127 · Louisiana Court of Appeal · Jun 15, 2011

Kelley Seale Adamson was qualified as an expert in civil engineering with an emphasis on structures and in accident reconstruction, and the parties stipulated that Dean Tekell Jr. is an expert in highway design with an emphasis … Under this standard, “an appellate court may not disturb a [trial court’s] finding of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous

Reichert v. State, Dept. of Transp. and Development

694 So. 2d 193 · Supreme Court of Louisiana · May 20, 1997

The extent to which certain documents are discoverable or admissible is clearly a procedural right. … This witness was not qualified as an expert in highway design, construction and maintenance.

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.

Succession of Geer

209 So. 2d 303 · Louisiana Court of Appeal · Apr 8, 1968

The language of Article 3004(3) clearly permits the surviving spouse on his petition alone to obtain possession of community property for himself and his minor children without first qualifying a tutor for the minor children … impede or frustrate this right, we conclude the bank cannot require the naked owner to receipt for property in its possession before releasing it to the usufructuary, provided that sufficient proof has been furnished to establish

Traigle v. Gulf Coast Aluminum Corp.

422 So. 2d 1190 · Louisiana Court of Appeal · Oct 12, 1982

The Collector’s position, basically, is that the bond proceeds used by the Parish to construct the manufacturing facility should have been included on the books of GCA to establish its franchise tax basis. … Parish of Calcasieu, 296 So.2d 411 (La.App., 3d Cir., 1976), the Court held: “The Parish (of Calcasieu) is clearly liable for the (sales and use) taxes in question, as owner of the project...” *1194 The Parish would clearly

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. Taylor

12 La.App. 5 Cir. 25 · Louisiana Court of Appeal · Jun 28, 2012

Regarding the initial investigatory stop, we find that the record clearly reflects that defendant was stopped for a traffic violation. … At the trial of this matter on June 21, 2011, Aischa Prudhomme, of the Jefferson Parish Sheriffs Office Crime Laboratory, was qualified as an expert in the field of fingerprint identification.

State v. Stevenson

908 So. 2d 48 · Louisiana Court of Appeal · Jun 28, 2005

Since the word "intentional" is included in the above definition of sexual battery without a qualifying provision, this Court has held that, under LSA-R.S. 14:11, only general criminal intent is required as an essential element … She stated that he was communicating with her clearly and that they had established a rapport. Detective Labit testified at both the suppression hearing and at trial that Stevenson did not appear to be intoxicated.

State v. Mitchell

466 So. 2d 514 · Louisiana Court of Appeal · Mar 6, 1985

We find that viewed in a light most favorable to the prosecution, the evidence clearly established that the defendant entered the Darby residence without authorization while the family was asleep during the early morning … Darby's five and thirteen year old daughters certainly qualify as "lewd or lascivious".

RIVER CITIES CONSTRUCTION CO, INC. v. Barnard & Burk, Inc.

444 So. 2d 1260 · Louisiana Court of Appeal · Dec 22, 1983

Procedural matters established by statute can have retroactive effect in the absence of law showing a contrary intention. … Clearly, a law which repeals a substantive law and in so doing extinguishes a right and cause of action, is substantive itself. For this reason Act.

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.

State Farm Fire & Casualty Insurance Co. v. Young

619 So. 2d 161 · Louisiana Court of Appeal · Jun 2, 1993

V, § 16 which validated the legislation establishing the hearing officer system. This amendment was held effective retroactive to the original effective date of the establishing legislation, January 1, 1990. Long v. … Highlands Insurance Co., 590 So.2d 1177 (La.1991), the court concluded that an action to enforce a worker’s compensation judgment filed on April 16, 1989, did not qualify as a “claim” as that term is intended under the Worker

State ex rel. L.C.B.

805 So. 2d 159 · Supreme Court of Louisiana · Jan 15, 2002

The court was particularly concerned that school was about to start and wanted L.C.B. established in his placement prior to the beginning of the school year. … C. could qualify as an adoptive parent in light of his desire to adopt L.C.B. and that it had decided that L.C.B. would remain with Mr. C. until the agency could determine whether Mr.

Pardue v. Stephens

558 So. 2d 1149 · Louisiana Court of Appeal · Dec 22, 1989

The purpose of this request is to establish that benefits will be significant and clearly outweigh the adverse impacts associated with the project. … It is clear to me that the purpose of your further requests for details clearly establishes your intent to delay this project as much as possible.

State v. Stewart

656 So. 2d 677 · Louisiana Court of Appeal · May 10, 1995

The manager's statements, then, clearly had relevance and did not constitute hearsay. … Yet, in light of our invalidation of the sex violation, the possession plea clearly qualifies as a predicate offense.