Case law

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

Rogers v. Daigle

93 La.App. 1 Cir. 1523 · Louisiana Court of Appeal · Jun 3, 1994

This court cannot disturb the trial court’s finding if we find from the record that there is a reasonable factual basis for the finding, and the record establishes that the finding is not clearly wrong or manifestly erroneous … DOTD enjoys no immunity from liability for its operational decision not to remove the mailbox. See Chaney v. National Railroad Passenger Corp., 583 So.2d 926 (La.App. 1st Cir.1991).

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.

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.

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.

Estate of Patout v. City of New Iberia

738 So. 2d 544 · Supreme Court of Louisiana · Jul 7, 1999

Unrefuted testimony established that this unauthorized dumping usually occurred when the access road to the dump site became muddy and wet, making the rear of the landfill inaccessible. … Rather, it aids this Court in the determination of whether the damage complained of qualifies as damage "for public purposes."

Jones v. Gray Ins. Co.

980 So. 2d 1 · Louisiana Court of Appeal · Feb 6, 2008

Blum asserted that he is qualified as an expert in brake failure, because he has been employed as an operator of tractor-trailer units since 1997 and has been required throughout that time to adjust the brakes on these units … After conducting a de novo review of the Motion for Summary Judgment, opposition, and exhibits, we find that there are clearly genuine issues of material fact that preclude summary judgment at this stage of the litigation

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.

Eddy Oliver, Oscarlene Nixon, and Mildred Goodwin v. Orleans Parish School Board

156 So. 3d 596 · Supreme Court of Louisiana · Oct 31, 2014

Moreover, the UTNO-OPSB settlement agreement and the Oliver litigation clearly involve entirely separate claims. … As found by the trial court, “rather than honoring the vested property interest held by experienced teachers qualified under Louisiana’s standard, the State conducted a nationwide teacher search to fill vacancies with the

Smith v. Southern Holding, Inc.

839 So. 2d 5 · Supreme Court of Louisiana · Jan 28, 2003

The right to select one treating physician is clearly conferred upon the employee, not the employer. … The Fourth Circuit, the very court relied upon by the majority in this case, has recognized that this course of conduct qualifies as a claimant's selection of a treating physician under La.Rev.Stat. 23:1121(B).

Calcagno v. Kuebel, Fuchs Partnership

802 So. 2d 746 · Louisiana Court of Appeal · Nov 14, 2001

Wilfred Gallardo, an accident cause analyst, qualified as an expert in the field of safety. On November 9, 2000, he inspected the area outside of the Elmwood Room. … The evidence established that, while Ms. Calcagno knew there was a curb in the area, the faded paint created an optical illusion, making it difficult to see exactly where the curb was.

Tanner v. Fireman's Fund Ins. Companies

589 So. 2d 507 · Louisiana Court of Appeal · Oct 18, 1991

That the truck was visible from as far away as 1500 to 1600 feet was established by Trooper Prine's testimony. That Mr. Tanner could not see the truck early enough to avoid a collision was established in part by Dr. … The testimony likewise clearly establish [sic] that Betty Tanner was under the belief that Donald Tanner was a safe driver and that his vision was sufficient for driving. Also, Mr.

Hays v. State of Louisiana

862 F. Supp. 119 · District Court, W.D. Louisiana · Jul 29, 1994

The Red River valley theory is clearly a post hoc rationalization similar to the Mississippi River theory offered to support Act 42 and equally unbelievable. … What the defense failed to establish is where the Civil Rights Act of 1964 and the Voting Rights Act of 1965 have failed to accomplish what the State now sets out to do.

State v. Payne

258 So. 3d 1015 · Louisiana Court of Appeal · Oct 17, 2018

The record reflects the trial court listened to all three of the 9-1-1 calls and remarked: the first one clearly seems to be immediately during or after the voices are clearly frazzled and the level of excitement is obviously … In this matter, the situation surrounding the shooting qualifies as an "ongoing emergency."

LaSalle Pump & Supply Co. v. Louisiana Midland Railroad

459 So. 2d 768 · Louisiana Court of Appeal · Nov 28, 1984

It was established that the warehouse was completely destroyed and after deducting the insurance payment, the actual monetary loss amounted to $1,269.60, which was part of the damage award. … The trial court erred in awarding damages based upon the assumption that the evidence presented was a qualified exception to the “Business records exception to the Hearsay Rule”. 4.

Gill v. Hodgen (In Re Hodgen)

352 B.R. 74 · United States Bankruptcy Court, W.D. Louisiana · Sep 28, 2006

(“Trustee”) is the duly qualified and appointed trustee. The Debtors’ discharge was issued on December 7, 2004. … The totality of the circumstances clearly establishes that the Debtors were attempting to hinder, delay and defraud their creditors by placing then-property in the names of their children.

Regan v. Adams Express Co.

49 La. Ann. 1579 · Supreme Court of Louisiana · May 31, 1897

A supply of food and water, however, will not operate as immunity to the common carrier, in failing to unload animals which should be unloaded for illness or other sufficient cause. … It is abundantly established by uncontradicted testimony that there were no chutes at that station to unload live stock from the passenger train. ■ It was, therefore, impossible to lead out the two horses from the car while

Lavergne v. Chevron U.S.A., Inc.

782 F. Supp. 1163 · District Court, W.D. Louisiana · Sep 13, 1991

Analysis of Law and Facts Based ..pon the evidence as summarized above, the undersigned finds that the height of the seas varied between 4 feet and 8 feet, the preponderance of the evidence clearly establishing those perimeters … negligence on the part of any of the defendants named in this case. (3) Even if negligence against Chevron U.S.A., Inc. had been established, that defendant is immune from liability in tort to Randal J.

HOUSING AUTHORITY OF LAKE ARTHUR v. T. Miller & Sons

239 La. 966 · Supreme Court of Louisiana · Apr 25, 1960

The first defense is that there was no acceptance of the contractor’s bid *975 as the alleged acceptance was qualified and conditioned upon the approval of the Public I-Iousing Authority, a third party. … This approval by the federal agency is fully established by its letter of May 12, 1952, well within the thirty-day period.

City of Baton Rouge v. Cooley

418 So. 2d 1321 · Supreme Court of Louisiana · Sep 24, 1982

He differs on the one hand from a mere usurper of an office who undertakes to act as an officer without color or right, and on the other from an officer de jure who is, in all respects, legally appointed and qualified to … That appointment was therefore clearly violative of the unambiguous terms of the constitution.