Case law

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.

State v. Jackson

629 So. 2d 1374 · Louisiana Court of Appeal · Dec 22, 1993

First, defendant claim's the state failed to establish a foundation for its introduction. However, Officer Perry and lab technician Susan Rutledge clearly identified the document and their handwriting thereon. … Earlier, the lab technician established the total weight of the cocaine.

Leps v. Rgp

11 So. 3d 633 · Louisiana Court of Appeal · Jun 26, 2009

L.E.P.S., a school teacher, is clearly the more qualified parent in this regard. … In this case, the appointment of R.P. as "supervisor" does not qualify as the silver lining to an otherwise dark cloud.

State v. Goldstein

187 La. 353 · Supreme Court of Louisiana · Apr 26, 1937

The statement of the district attorney was made to serve as a predicate for the introduction by the State of testimony showing certain acts or conduct on the part of the defendant as would tend to establish his guilty knowledge … Evidence of that character was clearly admissible. Code CrimJProc. art. 446; State v. Colombo, 171 La. 475 , 131 So. 464 .

Hayden v. Richland Parish School Bd.

554 So. 2d 164 · Louisiana Court of Appeal · Dec 6, 1989

The parish superintendent of schools shall not be required to be a qualified elector or a resident of the parish which he is to serve as superintendent. … La.R.S. 17:54 provides only that the term of the superintendent shall not exceed four years and can in no way be construed as establishing a minimum term of employment.

Talamo v. Shad

619 So. 2d 699 · Louisiana Court of Appeal · May 19, 1993

La.C.C.P. art. 1811 establishes the procedure for filing a motion for JNOV. The standard for granting JNOV has been developed jurisprudentially. … The trial court was clearly wrong in finding Dean Boats, Inc. liable.

Seivers v. Epoch Well Logging, Inc.

868 So. 2d 732 · Louisiana Court of Appeal · Dec 31, 2003

And although it is not fixed in stone, the "rule of thumb" is that those workers who spend less than about 30 percent of their employment in the service of a vessel in navigation should not qualify as seamen under the Jones … The Sievers simply failed to produce the requisite factual support necessary to establish that they will be able to satisfy their evidentiary burden of proof at trial.

Velotta v. Liberty Mutual Insurance Company

241 La. 814 · Supreme Court of Louisiana · Jun 29, 1961

The Court of Appeal reversed the lower court, holding that the affirmative defense had been satisfactorily established and that the injury to Velotta and disability, if any, was caused by the wilful intention of Velotta to … It is clear that the action of Velotta here could certainly not be classified as both *823 premeditated and tinged with some degree of malice, which “wilful intention” as used in the statute seems clearly to imply.

Clay v. Clay

322 So. 2d 238 · Louisiana Court of Appeal · Nov 11, 1975

Clay executed the disputed mandate contemporaneously with the signing of the agreement and clearly states the import of her signature. The divorce was granted September 24, 1975 and nothing was done by Mrs. … We do not think her *242 brief position as a legal secretary would qualify her to understand her options. However, it is also clear Mrs.

Breckeen v. Soileau

District Court, W.D. Louisiana · Aug 5, 2024

The two officers moved to dismiss the complaint asserting qualified immunity. Id. The district court denied the officers’ motions and the Fifth Circuit upheld that denial. … was ‘clearly established’ at the time of the defendant[s'] alleged misconduct.’”

Succession of Fannaly v. Lafayette Ins. Co.

805 So. 2d 1134 · Supreme Court of Louisiana · Jan 15, 2002

Brown and UM coverage for the passengers in the Brown automobile. [5] Before addressing this issue, we note the well-established, general rules of contract interpretation. … The Lafayette policy clearly provides "[t]he owner ... of a `nonowned auto'" is not an insured.

Scherer v. Interior Plant Design

98 La.App. 3 Cir. 702 · Louisiana Court of Appeal · Oct 28, 1998

Scherer is both qualified to perform and physically capable of performing. Moreover, at trial, Mr. Mark D. Cheairs, a vocational rehabilitation consultant, testified that he had sent Mr. … Further, a hearing officer's award of penalties and attorney's fees is subject to the manifest error-clearly wrong standard of review. Id.

Washington Parish Police Jury v. Washington Parish Hospital Service District No. 1

152 So. 2d 362 · Louisiana Court of Appeal · Mar 29, 1963

No such qualifying language is to be found in Section 1060. … Clearly, the legislature intended such rights, powers and functions to be enjoyed and exercised by all hospital service districts irrespective of whether created upon the initiative of the police juries or pursuant to petition

State v. Investigation

245 La. 193 · Supreme Court of Louisiana · Nov 25, 1963

Clearly the order of the trial judge in this case was improvidently granted, for neither the Attorney General of Louisiana nor any district attorney has the right or authority to invoke the provisions of this statute unless … uncontrolled, and illegal public airing on the pretext that such scrutiny may possibly ferret out some crime or misdemeanor that has been committed by some unknown person or firm, even though the rights, privileges, and immunities

In Re Medical Review Panel Proceedings of Berry

2009 La.App. 4 Cir. 0752 · Louisiana Court of Appeal · Jan 27, 2010

STANDARD OF REVIEW "A court of appeal may not set aside a trial court's or a jury's finding of fact in absence of `manifest error' or unless it is `clearly wrong.'" Rosell v. … office that named providers are qualified."

Taylor v. Tulane University of Louisiana

699 So. 2d 1117 · Louisiana Court of Appeal · Sep 17, 1997

Once a malpractice victim settles with a health care provider or its insurer for $100,000.00, the liability of the health care provider has been admitted or established. LSA-R.S. 40:1299.44(C)(5). … However, the Taylors argument completely ignores the specific statutory provisions governing a malpractice suit against a qualified health care provider under the MMA.

State v. Kennedy

232 La. 755 · Supreme Court of Louisiana · Apr 1, 1957

East Baton Rouge and his acts as such are valid, if not otherwise illegal We have consistently held that where a jury commissioner is duly appointed and has qualified by taking the oath prescribed by law and is in actual … The contention that the officer who received the confession of the defendant did not record everything which was said by her is clearly untenable.

Partin v. Dolby

94 La.App. 1 Cir. 1418 · Louisiana Court of Appeal · Mar 3, 1995

Because the Dolby vehicle was covered for $100,000.00 under the State Farm policy, it does not qualify as an uninsured vehicle under Delaware law. … This fact is clearly provided by the language of the policy which states: "The premium for and the coverages of this policy have been established in reliance upon the provisions of the Georgia Motor Vehicle Accident Reparations

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.

Mercer v. Mercer

671 So. 2d 937 · Louisiana Court of Appeal · Apr 3, 1996

While we may echo Judge Domengeaux's sentiments, we are compelled to follow the established jurisprudence of this court. … The evidence does not so clearly suggest that Mrs.