Case law

State v. Thames

681 So. 2d 480 · Louisiana Court of Appeal · Sep 27, 1996

The State clearly failed to comply with defendant's discovery request for any evidence the State intended to use at trial in violation of article 718. … The court sustained the objection, advising defense counsel: "If you want him to testify, you can qualify him [as an expert in psychiatry] and call him as your own witness.

Blanke v. Time, Inc.

308 F. Supp. 378 · District Court, E.D. Louisiana · Jan 6, 1970

Defendant, asserting its qualified privilege under the First Amendment, has moved for summary judgment. The controlling legal principle that has evolved in the five years since New York Times Co. v. … But if the defendant moves for summary judgment on the ground that plaintiff does not have an enforceable claim he has the burden of clearly establishing the lack of any triable issue of fact and must take the initiative

Smith v. Crossett Lumber Co.

72 So. 2d 895 · Louisiana Court of Appeal · May 26, 1954

Malone in his work, Louisiana Workmen's Compensation Law and Practice, Section 123, Page 144, in discussing the liability of a principal to employees of independent contractors, clearly expressed this point of law thusly: … "The great bulk of the cases in which the defendant claimed immunity because of his status as purchaser have arisen in connection with lumbering transactions.

Sledge v. McGlathery

324 So. 2d 354 · Supreme Court of Louisiana · Dec 8, 1975

While a Mayors' court may not be a court of record, it is a court established by our Constitution and has, at the very least, the power of a sovereign to imprison. … Webb, supra , where defendant Wilson was serving a sentence imposed by the Mayor under the Logansport Criminal Code. [8] Article 931 of the Code of Criminal Procedure states that "[e]xcept where the context clearly indicates

New Orleans Rosenbush Claims Service, Inc. v. City of New Orleans

653 So. 2d 538 · Supreme Court of Louisiana · Apr 10, 1995

Two of the other bids were disqualified, leaving Rosenbush as the lowest qualified bidder. … In each of these cases, the court considered whether "just cause" to reject any and all bids had been established.

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.

SDT Industries, Inc. v. Leeper

793 So. 2d 327 · Louisiana Court of Appeal · Jun 22, 2001

the finding is clearly wrong or manifestly erroneous. … The jury's finding that the defendants violated Louisiana Unfair Trade Practices Law was clearly wrong.

Jackson v. Guissinger

589 F. Supp. 1288 · District Court, W.D. Louisiana · Jun 12, 1984

The agency did not provide Jackson with a pretermination opportunity to establish eligibility for Medicaid on other grounds. … The total sum clearly exceeds the applicable standard of need and the lump sum rule is thus applicable to the whole amount.

Sanders v. Rhodes

452 So. 2d 197 · Louisiana Court of Appeal · May 16, 1984

We wish to make it clearly understood that the agency thusly established is irrevocable in the sense that it may not be cancelled or terminated by the executor or heirs of the testator without the consent of the attorney. … The minute entries in the transcript reflect that Patricia Mangle Sanders’ appointment as dative testamentary executrix was conditioned upon her qualifying. La.C.C.P.

Carlos Turner v. Lafayette Parish Consolidated Government

Louisiana Court of Appeal · Dec 23, 2014

It further suggested that its showing demonstrated the unavailability of punitive damages and, in turn, the availability of its defense of qualified immunity due to reasonableness of the officer’s actions in light of the … that (2) resulted directly and only from a use of force that was clearly excessive, and (3) that the excessiveness was clearly unreasonable.

James J. Hartman, Jr. v. St. Bernard Parish Fire Department & Fara

Louisiana Court of Appeal · May 20, 2020

The employer countered it had statutory immunity from tort actions because the alleged hearing losses arose out of the course and scope of the plaintiffs’ employment. … Hartman that Arrant conclusively established that work-related gradual hearing loss claims may be compensable under the LWCA.

Dennis

District Court, E.D. Louisiana · Sep 9, 2026

each element of the privilege or immunity that is claimed.”). 14 Jordan v. … Johnson’s statement relating to the 2024 incident qualifies as work product or that his representative would not otherwise be entitled to his own statement, it has failed to carry its burden to establish that work product

Shelton v. Hair

939 So. 2d 685 · Louisiana Court of Appeal · Sep 27, 2006

Art. 702" and that "[i]ts judgment will remain undisturbed unless clearly erroneous." Hall v. … [w]hen the verdict or judgment appears clearly contrary to the law and the evidence." La.Code Civ.P. art.1972(1).

Moore v. Moore

3 La.App. 5 Cir. 1217 · Louisiana Court of Appeal · Jan 27, 2004

He explained that he had blood tests and immunizations and obtained a visa as required to live in the United States. … Rather, the fact that he had a previous mortgage for six years and good credit history qualified him for this loan. He acknowledged having recently purchased a $10,000.00 car.

Audubon Exploration v. Linder Oil Co.

573 So. 2d 1180 · Louisiana Court of Appeal · Jan 16, 1991

The court's decision was based primarily on the testimony of Louis Lamarie, qualified as an expert in geology and in oil and gas operations. … Linder finds the most serious flaw in Audubon’s argument to be its failure to establish a connection between the enrichment and the alleged impoverishment.

Jarnagin v. Louisiana Highway Commission

5 So. 2d 660 · Louisiana Court of Appeal · Jan 5, 1942

We are clearly of the opinion that the exceptions are well founded and shall dispose of the case upon those pleas. … However, as clearly reflected from the two Louisiana cases, proof of consequential damages must be clear, strong and convincing.

Duffy v. City of New Orleans

49 La. Ann. 114 · Supreme Court of Louisiana · Dec 14, 1896

Whether the Legislature can pass a valid act to establish a commission for the port of New Orleans, define their powers and duties, provide a revenue therefor, is the question before us. … This board is not a body corporate with privileges and immunities such as public corporations must have.

Narcise v. Jo Ellen Smith Hosp.

729 So. 2d 748 · Louisiana Court of Appeal · Mar 10, 1999

Defendant, for its part, argues that Judge Magee clearly intended for the partial summary judgment to be considered final and subject to immediate appeal. … Huffman established a genuine issue of material fact, the trial court erred in refusing to vacate the partial summary judgment.

George v. M & G Testing and Services, Inc.

663 So. 2d 79 · Louisiana Court of Appeal · Dec 14, 1995

An "odd lot" claimant did not need to be absolutely helpless to qualify for TTD benefits. Id. … The claimant must establish his claim for medical benefits and show that they are related to the work accident to a reasonable certainty and by a preponderance of the evidence. Id.

Ella Rogers v. Louisiana Dept. of Public Safety & Corrections

Louisiana Court of Appeal · Jan 30, 2008

In their sole assignment of error, Defendants assert that the trial court erred in denying their peremptory exception of no right of action where there was no evidence in the record establishing that plaintiffs possessed … to rely on the immunity statutes to defeat Plaintiffs’ claims.