Case law

Sivils v. Mitchell

704 So. 2d 25 · Louisiana Court of Appeal · Nov 7, 1997

Clearly, even if a petition fails to state a cause of action, or if under the allegations, the party asserting the action lacks the procedural capacity to assert it, if the grounds of the objection can be removed by amendment … Sivils' petition does not contain any allegation that CFS qualifies as a handicap under the LCRAHP or that Dr.

Winn State Bank & Trust Co. v. Browning

453 So. 2d 286 · Louisiana Court of Appeal · Jun 6, 1984

The parties briefly discussed Paul Browning's state of health and the possibility that he would not be able to qualify for disability insurance. … Furthermore, *292 this testimony does not establish that Browning will be unable to return to the logging business at a future date. Finally, the record established that Mr.

Dequeant v. Lafayette Parish

District Court, W.D. Louisiana · Sep 2, 2025

” □ Applying this discretionary function test, state and federal courts have held that Louisiana’s discretionary immunity statute immunizes officers … App. 3 Cir. 2004) (sheriff’s “hiring/retention policy was a discretionary act” for purposes of immunity under La. Rev.

Lindsey v. Holland

105 So. 2d 332 · Louisiana Court of Appeal · Jun 30, 1958

Accordingly, there is no proof in the record which establishes any violation of the Legislative charter. Mr. … follows: “As has been said before, Courts are loathe to thwart the result of an election after the votes have been cast and fairly counted and will not act to change that result except for grave and sufficient reasons, clearly

Bowie v. International Indemnity Co.

98 La.App. 3 Cir. 1630 · Louisiana Court of Appeal · Mar 24, 1999

Clearly, the award of general damages bears a reasonable relationship to the element of the proved damages. … Freeman, 97-604 (La.App. 3 Cir. 10/29/97) ; 702 So.2d 1140 , writ denied, 97-2984 (La.12/10/97); 704 So.2d 1176 . jfiln the instant case, it is established that Mr.

Carlisle v. Prieur

95 La.App. 4 Cir. 0658 · Louisiana Court of Appeal · Feb 15, 1996

In the instant case the evidence clearly establishes that defendant built the Ishouse for his own use and resided there for 8 years, thus his principal obligation to plaintiff was as a vendor and not as a contractor. … The applicable prescriptive period for a vendor is dependent on whether defendant qualifies as a good faith seller under former La.C.C. article 2534 or a bad faith seller under former La.C.C. article 2546.

Metro Ambulance Serv. v. Med Life Emergency

900 So. 2d 184 · Louisiana Court of Appeal · Mar 17, 2005

Does the ambulance ordinance prohibit the practice by appellees, non-emergency licensees under the ambulance ordinance, from transporting patients who qualify for ambulance transport under Medicare and/or Medicaid guidelines … Creed testified that the ambulance ordinance established a minimum equipment standard for non-emergency vehicles.

Powell v. Regional Transit Authority

695 So. 2d 1326 · Supreme Court of Louisiana · Jun 18, 1997

on the bus and that the bus driver should have seen the flashing lights on the police unit as she turned the corner, allocated five percent fault to Singleton and ninety-five percent fault to Officer Jones, plaintiff's immune … However, the private corporation was not mentioned in this record, which clearly established that Singleton was an employee of the RTA who was vicariously liable for her torts in the course and scope of employment. [10] There

Cochran v. Safeway Insurance Co.

13 La.App. 3 Cir. 688 · Louisiana Court of Appeal · Dec 11, 2013

Cochran: “Under Safeway’s logic, it could offer $1 on [her] property damage |7claim of $3,066.41, and be immune from a claim for penalties and attorney fees.” We disagree. *1292 This court in Armstrong v. … that the fact finder is clearly wrong or manifestly erroneous.

State v. Lott

574 So. 2d 417 · Louisiana Court of Appeal · Jan 23, 1991

Davis initially, she still appeared to show signs of uncertainty by never clearly stating she would vote guilty if the defendant was guilty. Instead, she always qualified her statements in some manner. … Thus, the trial court clearly erred in denying defendant's motion as untimely.

George v. Dover Elevator Co.

828 So. 2d 1194 · Louisiana Court of Appeal · Sep 25, 2002

Instead, plaintiff in the conclusion to his brief states that: The Trial Court was clearly wrong when it granted summary judgment in a case in which the plaintiff clearly showed that the existence of a genuine issue of material … Maguire is qualified to render an opinion as an expert. As we have already concluded that we cannot disregard the affidavit either because of its timing or because of its inconsistencies vis-a-vis Mr.

Younce v. Pacific Gulf Marine, Inc.

893 So. 2d 909 · Louisiana Court of Appeal · Jan 25, 2005

As part of the union rules and the agreement with PGM, in order for a seaman to be qualified to work on a ship, the seaman had to be certified "fit for duty." … Further, the record clearly establishes that Younce failed to inform the physical examiner, Dr. K. Amusa, that he had recently been treated for neck injuries, and in fact had been discharged four days earlier.

Musmeci v. Schwegmann Giant Super Markets

159 F. Supp. 2d 329 · District Court, E.D. Louisiana · Aug 23, 2001

Prior to that time, Schwegmann retirees who qualified for grocery vouchers or cash continued to receive those benefits until death. … Did Schwegmann establish or maintain a benefit plan? i.

State v. Wheatley

550 So. 2d 724 · Louisiana Court of Appeal · Aug 23, 1989

Ryan and the police officers, coupled with the positive identifications of defendant, clearly provide sufficient evidence to support the conviction. See, for example, State v. … If the certificate is given by a judge, it shall be further authenticated by the clerk or pro-thonotary of the court, who shall certify, under his hand and the seal of his office, that such judge is duly commissioned and qualified

Estate of Barré v. Carter

272 F. Supp. 3d 906 · District Court, E.D. Louisiana · Jul 25, 2017

LeBlanc, for instance, the Fifth Circuit instructed that the affirmative defense of qualified immunity may be raised on a Rule 12(b)(6) motion to dismiss, and held that a plaintiff can survive the motion to dismiss by “asserting … ] facts which, if true, would overcome the defense of qualified immunity.” 219 While it does not appear that the Fifth Circuit has directly addressed the question of whether the fair use defense may be raised on a Rule 12

Glenda Emmons Aycock v. Board of Commissioners of the Bossier Levee District and City of Bossier City

Louisiana Court of Appeal · May 5, 2021

Jones, a retired civil engineer, who qualified as an expert in geotechnical engineering and investigation of soil and drainage issues and structural failures. … Prescription runs against all persons unless exception is established by legislation. La. C.C. art. 3467.

State ex rel. Attorney General v. Wharton

25 La. Ann. 2 · Supreme Court of Louisiana · Jan 15, 1873

Ilis interest is-in having the legality of said board established at the time it was-'exercising its functions. … But we are clearly of opinion that no such effect followed the passage of the said act.

State Ex Rel. Bass v. Mayor of Oakdale

204 La. 940 · Supreme Court of Louisiana · Jan 3, 1944

Relator, in his petitions, alleged substantially that there has been created and established in the Fifth Ward of Allen Parish and in the’City of Oakdale a city court known as the Fifth Ward City Court; that having been elected … Clearly, relator in his petitions charges that the Mayor and Board of Aldermen have abused that discretion in regard to the amount of salary the City should pay him as marshal of Ward Five.

Lemoine v. Marksville Industries, Inc.

391 So. 2d 528 · Louisiana Court of Appeal · Nov 12, 1980

The court held: "It is true that the record does not establish which of the several occupational incidents finally ruptured the disc. … An `odd lot' claimant need not be absolutely helpless to qualify for total disability status.

In Re Interdiction of Kiser

986 So. 2d 256 · Louisiana Court of Appeal · Jun 6, 2008

The record is devoid of any evidence establishing Ms. Kiser's means. Based on our review, we find the record fails to establish by clear and convincing evidence that Ms. … Additionally, the record fails to establish the cost of 24-hour supervision, or that Ms.