Case law

Brossett v. State ex rel. Department of Transportation & Development

467 So. 2d 121 · Louisiana Court of Appeal · Apr 10, 1985

As we noted above, such findings of fact should be upheld unless they are clearly wrong, based on the record taken as a whole. The trial judge was not clearly wrong. … The residual impairment provision was first interjected into this case when DOTD, in its post trial memorandum, suggested that this was the only possible workers’ compensation provision under which plaintiff might qualify

Horil v. Scheinhorn

663 So. 2d 697 · Supreme Court of Louisiana · Nov 27, 1995

Noting that he had previously settled his claims with the original defendants who had been qualified health care providers, Horil now professed a right to proceed directly against the Fund. … Here, Horil clearly did not comply with that mandated procedure, and the subsequent amending petition failed to state a cause of action against the Fund.

Derrick Gabriel v. Louisiana Organ Procurement Agency

Louisiana Court of Appeal · Sep 20, 2023

In Gabriel, this court affirmed the motion for summary judgment filed by LOPA that established that Dr. Ramcharan was not its employee. On May 11, 2022, Dr. … Louisiana Revised Statutes 17:2354.6(A) immunizes qualified individuals from civil, criminal, and administrative action from loss or damage caused by an act or omission when those individuals act in good faith.

Daily Advertiser v. TRANS-LA, ETC.

612 So. 2d 7 · Supreme Court of Louisiana · Jan 19, 1993

Nor does the fact that a party to an action qualifies as a public utility automatically divest a court of original jurisdiction; however, that fact renders another constitutional provision arguably applicable. … Plaintiffs maintain that the LPSC clearly lacks the power to award the damages, much less the treble antitrust damages, to which they are entitled. In support of this position, plaintiffs cite City of New Orleans v.

Reed v. Allstate Insurance Co.

97 La.App. 4 Cir. 2141 · Louisiana Court of Appeal · Dec 2, 1998

Moreover, Meeks is an unreported decision, which clearly has no precedential value. … Thus, only one of the three alternate venues established by LSA-R.S. 22:655 applied to that case. The only proper venue was the venue established by La.

Beaird-Poulan Division of Emerson Electric Co. v. Department of Highways

441 F. Supp. 866 · District Court, W.D. Louisiana · Dec 16, 1977

The decision by the Fifth Circuit, on appeal from our original dismissal of the complaint, established Beaird-Poulan’s right to apply for relocation benefits. … However, the quoted language from subsection (6) is followed by the qualifying clause “in whole or in part.”

Keys v. Mercy Hosp. of New Orleans

485 So. 2d 514 · Louisiana Court of Appeal · Feb 20, 1986

All of the defendants were qualified health care providers under R.S. 40:1299.41, et seq., so the matter was presented to a medical review panel consisting of two obstetricians, Dr. Philip Krupp and Dr. … that the finding is not clearly wrong (manifestly erroneous)."

Anderson v. State

916 So. 2d 431 · Louisiana Court of Appeal · Nov 2, 2005

The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents. (Emphasis added.) … Thus, the Louisiana Constitution mandates that the Legislature, not the Governor, enact legislation to provide indigent defendants with qualified legal counsel.

Barringer v. Robertson

994 So. 2d 156 · Louisiana Court of Appeal · Oct 31, 2008

It is well established in matters of statutory interpretation that courts begin with the plain language and structure of the statutes. See LSA-C.C. art. 9; LSA-R.S. 1:4. … Clearly, Supple was currently unable to perform the LPN duties that she was hired to perform for LCIW.

CIV. SERV. COM'N OF CITY OF NEW ORLEANS v. Foti

349 So. 2d 305 · Supreme Court of Louisiana · Jun 20, 1977

Foti, Jr., planned the establishment of a rehabilitation program in the Orleans Parish Prison, and obtained the passage of Act 509 of 1968, now R.S. 33:1529, which provides: "A. … The failure of Foti to obtain the director for the Rehabilitation Unit from a list of qualified applicants on the civil service list precipitated this litigation.

Pitre v. Secretary of State

2001 La.App. 3 Cir. 477 · Louisiana Court of Appeal · Apr 19, 2001

The petition to recall the election results and for injunctive relief, alleged that many of the qualified voters who usually vote, did not vote in this election. … They argue the judgment was rendered at 6:10 P.M. on April 16, 2001, and that the plaintiff did not file his appeal until 9:06 A.M. on April 18, 2001, which is beyond the twenty-four hour time limit established by La.R.S.

Osorio

District Court, E.D. Louisiana · Feb 5, 2026

“Sovereign immunity is jurisdictional in nature.” F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994). “Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” Id. … The government submits that “[r]egardless of what specific words [p]laintiff uses to describe her allegations against Comeaux and Crescent Care, she is clearly alleging that they, and therefore the United States, by posting

Hemphill v. Tremont Lumber Co.

24 So. 2d 635 · Louisiana Court of Appeal · Jan 15, 1945

We think that the facts which were established with certainty in the Hester case clearly distinguish it from the case before us. It is true that the defense in the Hester case was based upon a diagnosis made by Dr. … Even the medical witnesses, who testified positively from symptoms and history that decedent died of angina pectoris, qualified their conclusions to such extent as to materially weaken the effect thereof.

Mederos v. St. Tammany Parish Government

2015 La.App. 1 Cir. 1602 · Louisiana Court of Appeal · Jul 11, 2016

Montgomery subsequently denied Mederos’s request for a grievance hearing on August 28,2013, stating that because Mederos had elected to retire rather than be terminated, she did not qualify for rights under the grievance … The Parish personnel policies clearly provide that grievances may be filed for: demotion or reassignment that involves a decrease in salary; suspension; or discharge as a result of disciplinary action.

State v. Comeaux

524 So. 2d 863 · Louisiana Court of Appeal · Feb 3, 1988

Number 3 argues that the trial judge erred in allowing Detective LeBlanc, who was not qualified as an expert, to express an opinion on whether the glass particles picked up off the ground on August 21, 1986, were from the … Detective LeBlanc has clearly stated the facts upon which the inference is based. These assignments of error lack merit.

Schwegmann Bros. v. Louisiana Board of Alcoholic Beverage Control

216 La. 148 · Supreme Court of Louisiana · Nov 7, 1949

The immunization of a law from constitutional attack by the simple expedient of requiring licenses from those in a business sought to -be regulated clearly would be inharmonious with our American system of checks and balances … It is' to be clearly understood that we are not holding that the Legislature cannot under any circumstances adopt legislation, pursuant to the state’s police power, relating to the establishing of prices on intoxicants with

Natalbany Lumber Co. v. McGraw

188 La. 863 · Supreme Court of Louisiana · Jan 10, 1938

In Louisiana it is a well-established rule of law that one who by his own negligence contributes to his injuries is not entitled to any recovery for the previous negligence of another. … This case, under its facts, clearly falls within and is governed by the decision of this court in the case of New Orleans & N. E. R. R. Co. v. Bernich, 178 La. 153 , 150 So. 860 .

Entergy Louisiana, Inc. v. Kennedy

2003 La.App. 1 Cir. 0166 · Louisiana Court of Appeal · Jul 2, 2003

Absent evidence to the contrary, the language of the statute itself must clearly and unambiguously express the intent to apply to the property in question. … In the same agreements accomplishing the sale, Entergy also obtained leases of the sold property, which clearly explains Entergy’s continued corporeal possession of the property.

FIA Card Services, N.A. v. Smith

27 So. 3d 1100 · Louisiana Court of Appeal · Dec 22, 2009

of it as is true and qualify or deny the remainder. … Unless that party establishes grounds for vacating, modifying or correcting the award, the arbitration award must be confirmed.

Huxen v. Villasenor

798 So. 2d 209 · Louisiana Court of Appeal · Sep 25, 2001

Huxen confiscated Daniel's bookbag because he was resting his head on it during class in violation of her established rules. A short time later, Mrs. … Privileged communications are divided into two general classes: (1) absolute or unqualified; and (2) conditional or qualified. Elmer, 485 So.2d at 176 .