Case law

Succession of Schulz

622 So. 2d 693 · Louisiana Court of Appeal · May 27, 1993

The jurisprudence in this state clearly distinguishes between the procedural requirements for seeking annulment of an absolute nullity, as opposed to the requirements for seeking annulment of a relative nullity. … Although she had herself appointed administratrix based upon relationship, she was not properly qualified as such regarding her brothers' successions.

Williams v. Attorney General State of Louisiana

District Court, E.D. Louisiana · Oct 1, 2024

Plaintiff contends that, despite providing information establishing that he has no child support obligation, Defendants have continued to enforce the support order against him, resulting in damages. … Defendants filed a Motion to Dismiss based on Eleventh Amendment immunity, prescription, failure to state a claim under 42 U.S.C. § 1983 or Louisiana law, and qualified immunity. ECF No. 10.

Kimberly Pearson Ruby v. Lyndon Bain Carpenter

Louisiana Court of Appeal · Dec 17, 2025

She also argues that the BBA does not allow a qualified health care provider to charge a 3 patient an amount greater than the contractually agreed-upon amount. … An appellate court may not set aside a trial court’s finding of fact in the absence of manifest error or unless it is clearly wrong. Id.

State v. HENIX

73 So. 3d 952 · Louisiana Court of Appeal · Aug 10, 2011

First, the observations of an arresting officer may be sufficient to establish a defendant’s guilt. Allen, supra; Blockburn, supra. … The jury clearly found the testimony of Officers Robinson and Chumley to be credible. In addition, they were able to watch video surveillance of Henix first hand.

Sullivan v. Sullivan

801 So. 2d 1093 · Louisiana Court of Appeal · Jun 13, 2001

Sullivan's retirement package which would yield a monthly retirement benefit, but a separate and voluntary program offered to those qualified under the DROP program and solely earned by Mr. … Bailey clearly would have had the right to share, in the stipulated percentage, in the retirement benefits he would have received.

Afco Credit Corp. v. Rosenthal Agency, Inc.

95 La.App. 4 Cir. 1865 · Louisiana Court of Appeal · Apr 3, 1996

The agreement stated quite clearly that Rosen-thal’s assumption of liability under the agreement was limited. … That was clearly identified on their balance sheet and in the bankruptcy hearings.” Therefore, this argument is without merit.

Bayou Orthotic & Prosthetics Ctr., LL.C. v. Morris Bart, L.L.C.

243 So. 3d 1276 · Louisiana Court of Appeal · Mar 28, 2018

The trial court was presented with Bart's letters that clearly state that Bart would only protect Bayou's charges "out of any net settlement or proceeds obtained" as a result of any claims for damages arising out of Mr. … The "prerequisite condition" that Bart would pay "out of any net settlement or proceeds obtained," established in Bart's letters to Bayou, has not yet occurred, and therefore, Bayou's claim is premature: it was brought "before

Andrew Bradley Towbin v. John T. Fuller and Darren P. Lombard in His Official Capacity as Clerk of Court for Criminal District Court for the Parish of Orleans

Louisiana Court of Appeal · Mar 3, 2026

The district court’s factual findings and oral reasons were clearly erroneous because they overlooked admitted documentary evidence and disregarded the controlling rule that doubts must be resolved … Fuller contends that the 2020 tax year does not fall within “the previous five tax years” for a candidate who qualified on February 13, 2026. We disagree.

Pennington Const., Inc. v. RA Eagle Corp.

94 La.App. 1 Cir. 0575 · Louisiana Court of Appeal · Mar 3, 1995

Although the trial court did not address the issue, it is obvious that neither of the two contracts claimed by the parties in the instant case can qualify as a written contract. … Whether there were corroborating circumstances sufficient to establish an oral contract is a question of fact. Pelican Electrical Contractors v. Neumeyer, 419 So.2d 1 (La.

McCraw v. Louisiana State University Medical Center

627 So. 2d 767 · Louisiana Court of Appeal · Dec 1, 1993

Although stating his belief that the WBC evinced an infection warranting further analysis, this physician qualified that position by professing no expertise in either infectious diseases or neonatal care. … However, the record clearly shows that daily monitoring by the LSU-MC staff regularly found the child’s fontanelle to be soft, flat, depressible, and pliable. Dr.

Parker v. Louisiana Department of Health

District Court, E.D. Louisiana · Dec 2, 2024

On September 1, 2023, the LDH determined that Plaintiff’s income exceeded the threshold for continued assistance as a Qualified Individual. … Under this provision, applicants are deemed “Qualified Individuals” if they would otherwise be qualified Medicare beneficiaries “but for the fact that their income exceeds the income level established by the State under

Quatrevingt v. Landry

District Court, E.D. Louisiana · Aug 29, 2019

To be entitled to a preliminary injunction, the movant must “clearly” establish the following four elements: (1) a substantial likelihood that he will prevail … a state official in his official capacity unless that state has waived its sovereign immunity or Congress has clearly abrogated it.’”39 The Fifth Circuit has further noted that “Louisiana has not waived its sovereign immunity

Kaufman v. City of New Orleans

98 La.App. 5 Cir. 443 · Louisiana Court of Appeal · Oct 28, 1998

Alternatively, the lower court was clearly wrong when it determined the appellant was not a statutory employee of the NOAB. 3. … In opposition NOAB contends, first, that it was not plaintiff's direct employer because the facts establish he was working as a sheriff's deputy while on duty at NOAB; alternatively, that even if NOAB is viewed as a statutory

Isiah Cole Jr. and His Wife, Karen Cole v. New Orleans Emergency Medical Services, City of New Orleans, Dereck Blanchard, Nicholas Manning

Louisiana Court of Appeal · Mar 6, 2025

that the fact-finder is clearly wrong or manifestly erroneous.” … The court qualified him as an expert in geriatrics, a field for which he is not board-certified.

Kirby v. Terminal Paper Bag Co.

16 So. 2d 597 · Louisiana Court of Appeal · Dec 2, 1943

He applied to have the case reopened, after establishing residence in Ohio, on the ground that his disability had become permanent. … If it were, his own testimony would go far toward establishing the affirmance of the issue. He gave the following testimony pertinent thereto, to-wit: "Q.

State v. Jackson

2001 La.App. 4 Cir. 1268 · Louisiana Court of Appeal · Feb 6, 2002

Crosby, 338 So.2d 584 (La.1976), the Louisiana Supreme Court permitted defendants to enter into qualified or conditioned guilty pleas which reserved defendants’ right to appellate review of alleged pre-plea errors. … Clearly, as evidenced by entering the plea under State v.

Walker v. Louisiana Department of Transportation & Development

10 La.App. 5 Cir. 702 · Louisiana Court of Appeal · Feb 15, 2011

The non-moving party must then produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial. … Evans (Evans), an engineer qualified in Louisiana courts in accident reconstruction and traffic engineering, in opposing the motion. In his opinion, La.

Coreil v. Pearson

242 F. Supp. 802 · District Court, W.D. Louisiana · May 28, 1965

From the foregoing cases it is to be noted that the Supreme Court has established a dual test to determine whether a court may assert personal jurisdiction over a nonresident defendant without depriving him of due process … Casualty Co. of New York, 129 So.2d 816 , (La.App. 1961), (waiver of State’s immunity from liability); General Motors Acceptance Corp. v.

State v. McIlvaine

245 La. 649 · Supreme Court of Louisiana · Jan 20, 1964

Varón, Searches, Seizures and Immunities, v. 1, p. 267 (1961).. As to our Louisiana constitutional provision on the issuance of search warrants, this court said in State v. … Norris, 161 La. 988 , 109 So. 787 : *660 «* * * The constitutional inhibition against the issuance of search warrants .without probable cause does not undertake to command the lawmaker to establish a definition or formula

Aurienne v. Mt. Olivet, Inc.

153 La. 451 · Supreme Court of Louisiana · Dec 29, 1922

Barnett, a notary public, in and for the city and parish of Orleans, state of Louisiana, aforesaid, duly commissioned and qualified, and in the presence of the witnesses hereinafter named and undersigned, personally appeared … Aside from the presumption which we. refer to, the case comes clearly within the rules established by the Civil Code.