Case law

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

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

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.’”

Magos v. Feerick

690 So. 2d 812 · Louisiana Court of Appeal · Dec 26, 1996

finding of the trial court, and (2) the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). … [The expert testified] and the Court is of the opinion that the evidence clearly establishes that [the dentist's] work was substandard.

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.

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.

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

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

Gitschlag v. US Home Corp.

506 So. 2d 1236 · Louisiana Court of Appeal · Mar 4, 1987

The existence of a redhibitory defect is a question of fact which cannot be disturbed unless the record as a whole establishes that the finding is clearly wrong. Arceneaux v. … The record clearly establishes that the home had been a constant inconvenience and worry to the Gitschlags.

Britton v. Bush

31 La. 264 · Supreme Court of Louisiana · Mar 15, 1879

Plaintiff relies on the proceedings and judgment against William Bush as establishing the necessary interruption or suspension. But we do not think they are adequate for that purpose. … And after clearly stating the same general theory, Laurent, in his recent and valuable commentary, applies it as follows": “One of the co-debtors recognizes a debt which is subject to a short prescription.

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.

AM. EMPLOYERS INS. CO. v. Honeycutt Furniture Co.

390 So. 2d 255 · Louisiana Court of Appeal · Oct 8, 1980

It was established that Captain Rogers attended this course. Mr. … The letter is clearly hearsay and cannot be considered.

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.

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.

State v. Knight

36 So. 3d 1163 · Louisiana Court of Appeal · May 19, 2010

The circumstantial evidence rule may not establish a |4stricter standard of review than Jackson v. … The questioning by the prosecutor was clearly improper in that it referenced a prior arrest that did not lead to a conviction.

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.

Chemical Cleaning, Inc. v. Brindell-Bruno, Inc.

186 So. 2d 389 · Louisiana Court of Appeal · May 2, 1966

Since this sub-contract included the chemical cleaning of the piping systems to be constructed in the project and since Brindell-Bruno was not qualified to do such work, it in turn sub-contracted the pipe cleaning work to … It states clearly in the first paragraph that: "The purpose of this letter is to summarize for your acceptance, the compromise settlement arrived at by and between the Boeing Company and Gurtler-Hebert & Co.