Case law

Schroth v. Estate of Samuel

2011 La.App. 4 Cir. 1385 · Louisiana Court of Appeal · Apr 18, 2012

Because the first summary judgment did not dismiss any of the parties, but only dismissed particular issues or causes of action under Louisiana Code of Civil Procedure article 966 E, it did not qualify for treatment as a … The language of the lease is clear and unambiguous, clearly stating that the lessor would not be held liable to the lessees for any losses arising [ fiout of damage to, or destruction of the rental property, however caused

Valentine v. Southern Advance Bag Paper Co.

20 So. 2d 814 · Louisiana Court of Appeal · Nov 28, 1944

App., 12 So.2d 22 , 25, but was qualified to some extent, as is shown by that portion of the opinion which we quote, as follows: "But it is true, as we stated in the Johnson case [Johnson v. … Plaintiff's appeal was from the judgment as a whole, and, if he is entitled, as we have held, to judgment in his favor for compensation, then, clearly, he is also entitled to the other relief for which he prayed, namely,

Stewart v. Livingston Parish Police Jury

340 So. 2d 1045 · Louisiana Court of Appeal · Dec 20, 1976

This rule was established in Police Jury of Caddo Parish v. … When these two provisions are considered together, they clearly indicate that the statute contemplates that, when an election is called on a ward-wide basis and the ward contains an incorporated municipality, the issue presented

Fitzpatrick v. Daily States Publishing Co.

48 La. Ann. 1116 · Supreme Court of Louisiana · Jun 1, 1896

Whether 'this work is according to contract and specification an Investigation can very easily establish.” … The constitutional provision is designed to insure immunity for the expression of opinion. And it makes no difference whatever whether.the opinion be expressed orally or in print.

Ristroph v. Public Facilities Authority

943 So. 2d 492 · Louisiana Court of Appeal · Sep 14, 2006

By Resolution dated May 18, 2006, the Louisiana State Bond Commission (Bond Commission) granted final approval to the issuance of the bonds and designated the bonds as "qualified Gulf Opportunity Zone Bonds." … Lege is clearly factually distinguishable. In Lege the Third Circuit did not dismiss the case for failure to follow the requirements of L.R.S. 13:5125 in obtaining the court order and publishing the notice.

Wells v. Louisiana Department of Public Safety & Corrections

72 So. 3d 910 · Louisiana Court of Appeal · Aug 24, 2011

Generally, an expert must satisfy the trial judge that he or she is qualified to give testimony regarding the applicable standard of care. McCurdy v. … A trial judge has wide discretion in determining whether to allow a witness to testify as an expert, and this discretion will not be disturbed by an appellate court unless it is clearly erroneous. Willis v.

State v. Flowers

509 So. 2d 588 · Louisiana Court of Appeal · May 1, 1987

Alvaro Hunt, pathologist for the Jefferson Parish Coroner's Office, was also qualified as an expert at trial. He testified that he performed the autopsy of the victim. … A trial court's determination of the admission of gruesome photographs will not be disturbed on appeal unless the prejudicial effect of the photographs clearly outweighs the probative value. State v.

Jackson v. Winn Dixie Stores, Inc.

439 So. 2d 1147 · Louisiana Court of Appeal · Oct 6, 1983

Plaintiffs' burden is to establish by a preponderance of evidence that the meat was in a deleterious condition when purchased and caused their illnesses. English v. … Brobson Lutz, an eminently qualified expert in internal medicine with expertise in public health and infectious diseases. [1] Dr.

Wood v. Del Giorno

974 So. 2d 95 · Louisiana Court of Appeal · Dec 19, 2007

Clearly, in the context that they were made, the remarks were nothing more than opinions and hyperbole. … Moreover, even if Del Giorno's comments could be considered defamatory, they are protected speech and are subject to a qualified privilege under the test of New York Times v.

State v. 2003 Infiniti G35 VIN JNKCV51E93MO24167

27 So. 3d 824 · Supreme Court of Louisiana · Jan 20, 2010

R.S. 40:2610 clearly establishes a thirty-day filing deadline that cannot be extended under any circumstances; prescribes the necessary form of the claim; and sets forth the required content of the averments with unambiguous … R.S. 40:2616(A) clearly delineates the proper method for reaching such a determination, and provides, in pertinent part, “[u]pon a determination by the court that the district attorney’s written application establishes the

Mooers v. Sosa

798 So. 2d 200 · Louisiana Court of Appeal · Sep 25, 2001

Accordingly, the defendant's argument with regard to this issue is without merit. *206 The defendant contends that even if the affidavit were sufficient to qualify as an enforceable contract for the sale of immovable property … Furthermore, even if it had been established that Mr.

Anyanwu v. State of Louisiana

District Court, M.D. Louisiana · Jul 31, 2020

To state a claim for discriminatory discharge, Plaintiff must establish that she: (1) is a member of a protected class; (2) was subjected to an adverse employment action; (3) was qualified for her position; and (4) was … The Court finds that Plaintiff has failed to plead sufficient details to establish a claim for discriminatory discharge. 3.

Yuspeh v. Koch

840 So. 2d 41 · Louisiana Court of Appeal · Mar 24, 2003

Clearly Boudreaux had serious reservations about the propriety of the Kochs' actions. … Despite testimony that each man was emotionally devastated by the merger, the rest of the evidence clearly shows that their interest in CSS was financial and that their loss was financial. [7] The evidence clearly shows that

Alba v. Pelican Marine Divers, Inc.

391 F. Supp. 954 · District Court, E.D. Louisiana · Mar 19, 1975

Acceptance of its defense was qualified and there was no showing of prejudice to Chevron as a result of withdrawal of the defense twice undertaken by Offshore, Corinth and Steamship. … Steamship’s assumption of the defense of Chevron was qualified pursuant to the terms and conditions of the policy. See Chevron Exhibit I, pp. 96-97. 12 .

State v. Washington

606 So. 2d 838 · Louisiana Court of Appeal · Sep 23, 1992

The record clearly indicates that the prosecutor objected contemporaneously to the challenged questioning. Furthermore, a new basis for an objection cannot be raised for the first time on appeal. State v. … When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable

Moody v. Walker

District Court, E.D. Louisiana · Aug 5, 2021

Mayor Baudier and the City of Harahan’s Motion to Dismiss With the exception of Chief Walker’s assertion of qualified immunity, the Motion to Dismiss filed by Mayor Baudier and the City of Harahan (“the “City … “When a defendant asserts qualified immunity, the plaintiff bears the burden of pleading facts that demonstrate liability and defeat immunity.

Union Bank v. Baudin

598 So. 2d 689 · Louisiana Court of Appeal · Apr 16, 1992

Nevertheless, the intention to dedicate must be clearly established. Banta v. Federal Land Bank of New Orleans, 200 So.2d 107 (La.App. 1 Cir.1967), writ denied, 251 La. 46 , 202 So.2d 657 (La.1967). … Our Louisiana Supreme Court qualified that holding of Conrad in Garrett v. Pioneer Corp., supra.

State ex rel. J.Y.M.

45 So. 3d 1128 · Louisiana Court of Appeal · Aug 4, 2010

that the fact finder is clearly wrong or manifestly erroneous. … If there are two permissible views of the evidence, the fact finder’s choice between them cannot be manifestly erroneous or clearly wrong.

State v. Baker

776 So. 2d 1212 · Louisiana Court of Appeal · Nov 15, 2000

Clearly, the evidence presented by the state at trial was sufficient under the Jackson standard to support defendant's conviction for possession of heroin. … At the multiple offender hearing, the state also presented the testimony of Sergeant Virgil McKenzie of the Jefferson Parish Sheriffs Office, who was qualified as a fingerprint expert.

Athletic Training Innovations, LLC v. eTagz, Inc.

955 F. Supp. 2d 602 · District Court, E.D. Louisiana · Jul 1, 2013

a cease-and-desist letter to Plaintiff in Louisiana, and initiated three phone calls *609 to Plaintiff. 54 Plaintiff also argues that “one of the Defendant’s telephone calls was perpetrated under false pretenses and was clearly … Civ.Code Article 2315.” 61 Therefore, Plaintiff argues that “[s]uch allegations of knowingly and purposely misrepresenting the scope and attributes of patents in order to purposely inflict harm upon plaintiff clearly invokes