Case law

Dean v. K-Mart Corp.

97 La.App. 4 Cir. 2850 · Louisiana Court of Appeal · Jul 29, 1998

On appeal, we review the Hearing Officer's findings of fact as to causation and dependency using the manifest error/clearly wrong standard. Alexander v. … Chotto was fully qualified so as to make his expert testimony admissible. [1] La.Code Evid. art. 701. Mr. Chotto testified that the three medications found in Mr.

City of New Orleans v. Board of Fire Commissioners

50 La. Ann. 1000 · Supreme Court of Louisiana · Jun 20, 1898

The three members of the Board of Civil Service Commissioners, provided for by the act, who had been appointed by. the mayor and confirmed by the council, qualified by taking the oath on the 29th of January, 1897, and partially … It includes within the scope of the civil service all positions (except chief engineer) “ in the fire force” only, and leaves *1005 untouched by the civil service other positions not clearly within the meaning of the words

McCarroll v. Central Louisiana Telephone

533 So. 2d 385 · Louisiana Court of Appeal · Oct 5, 1988

In addition, they alleged plaintiff did not qualify for termination pay because she voluntarily resigned. … Testimony elicited during the trial showed that Central/Continental had no established severance pay policy for its employees at the time of the Century acquisition.

Langford v. Schumpert Medical Center

759 So. 2d 1037 · Louisiana Court of Appeal · May 10, 2000

A factfinder’s conclusions may not be set aside on appeal in the absence of manifest error or unless clearly wrong. Stobart v. … the finding is clearly wrong or manifestly erroneous.

Franklin v. Fountain Grp. Adjusters, L.L.C.

249 So. 3d 84 · Louisiana Court of Appeal · Jun 6, 2018

We review a trial court's granting or denial of a motion for summary judgment de novo according to well established appellate principles. … of it as is true and qualify or deny the remainder.

Turner v. Talbert (In Re Talbert)

347 B.R. 804 · United States Bankruptcy Court, E.D. Louisiana · May 24, 2005

If each element of Rule 23(a) is satisfied, Plaintiffs must then establish that at least one of the elements of Rule 23(b) is satisfied. 1. … Also, the Court is satisfied that the named Plaintiffs will “vigorously prosecute the interests of the class through qualified counsel.”

Stop the Destruction of St. Bernard, Inc. v. Board of Commissioners for the Port of New Orleans and St. Bernard Port, Harbor, and Terminal District

Louisiana Court of Appeal · Oct 26, 2023

The Court determined that the consequences of failure to exercise great care to prevent the escape of poisonous material were so serious that it directed the issuance of a qualified injunction. Id. … The facts of Salter are clearly distinguishable from the instant matter as to prematurity in one important aspect.

Dominique Floyd v. City of Carenco

Louisiana Court of Appeal · Oct 1, 2014

Considering the duties imposed on the officers by virtue of “The Protection from Family Violence Act[,]” the legislature has also provided for specific qualified immunity in situations such as the one before this court … We also agree with the trial court’s ruling that the officers were entitled to statutory qualified immunity, based on a finding of good faith.

Schwamb v. Delta Air Lines, Inc.

516 So. 2d 452 · Louisiana Court of Appeal · Nov 10, 1987

However, we find the award for general damages clearly excessive and reduce it. … However, we find the award of general damages clearly excessive and lower it to $290,000.

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.

Frazer v. St. Tammany Parish School Bd.

774 So. 2d 1227 · Louisiana Court of Appeal · Dec 22, 2000

In a civil battery case, the burden of proof is on the plaintiff to establish that a battery was committed. … Before a court of appeal can disturb an award of general damages made by a trial court, the record must clearly reveal that the trier of fact abused its discretion in making the award.

Robert v. Bayou Bernard Marine, Inc.

514 So. 2d 540 · Louisiana Court of Appeal · Sep 22, 1987

Jack Markowitz, Bayou's general manager, told Jones he did not think that Bayou was qualified to rip out the entire inside of the boat. … We find that the evidence supports these awards and that the trial judge was not manifestly in error or clearly wrong in making these awards.

Harris v. Louisiana Office of Juvenile Justice

District Court, E.D. Louisiana · Jun 26, 2019

A legally sufficient complaint must establish more than a “sheer possibility” that the party’s claim is true. Iqbal, 556 U.S. at 678. It need not 25 R. … In Louisiana, an entity “must qualify as a juridical person” to be capable of being sued. Dejoie v. Medley, 945 So. 2d 968, 972 (La. App. 2 Cir. 2006).

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.

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.

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

State of Louisiana v. Carlos Dewayne Wade

Louisiana Court of Appeal · Jan 15, 2020

In that writ order, it was determined that Wade qualified for application of the 2001 ameliorative provisions of La. R.S. 15:529.1. … Thus, the legislature “clearly stated its intent to diminish the penalties for certain habitual offenders, but equally clearly stated its intent not to reopen or relitigate cases that arose before the effective date.”

Craft v. Caldwell Parish Police Jury

455 So. 2d 1226 · Louisiana Court of Appeal · Aug 22, 1984

These witnesses establish the repair work was superficial and grossly inadequate. … NOTES [1] The cattle were not initially moved from the farm over this road but the record does not clearly establish what alternative route was used. [2] LSA-R.S. 48:1(11) "Highway" means a public way for vehicular, mounted

Succession of Guerre

197 So. 2d 738 · Louisiana Court of Appeal · Jun 20, 1967

* * While affording purchasers of bonds the opportunity to choose a survivorship provision which must be recognized by the States, the regulations neither insulate the purchasers from all claims regarding ownership nor immunize … Bland to mean that co-ownership or survivor bonds are not intended under Federal Treasury Regulations to be used as a device to circumvent the established laws of the states enacted for the protection of the rights of its

Angie Hebert v. Clarendon American Ins. Co.

Louisiana Court of Appeal · Jun 4, 2008

That being the case, we decline to ignore the established law and grant Ms. Hebert the relief she requests on this basis. Ms. … Thus, they did not qualify as “third persons” because they were not legally liable to pay the employee damages because of his work-related automobile accident.