Case law

Miller v. City of Shreveport

90 So. 2d 565 · Louisiana Court of Appeal · Oct 25, 1956

When plaintiff, Bowen, joined the police force, the statute required only sixteen years of active continuous service to qualify for benefits. … Miller was clearly entitled to a change in his pension status and fully met all requirements to obtain such.

State v. Eaton

483 So. 2d 651 · Louisiana Court of Appeal · Jan 22, 1986

This right is, however, qualified and not absolute. As the Fifth Circuit stated in United States v. … The testimony of the witnesses was clearly directed at the former issue and not the latter.

Parker v. Louisiana Department of Public Safety & Corrections

District Court, M.D. Louisiana · Jun 30, 2021

immunity at this stage. … For all these reasons, LeBlanc’s motion to dismiss Plaintiff’s qualified immunity claim will be denied. B.

Gill v. &198tna Casualty Ins. Co.

23 So. 2d 343 · Louisiana Court of Appeal · Oct 3, 1945

It is clearly established by the evidence that at the time of the accident plaintiff was employed by The Aluminum Company as a utility man and that on November 9, 1943, he was assigned as a pump operator and while engaged … He *Page 345 expresses the opinion that plaintiff is qualified to do work of a reasonable character and work of any kind that would not require him to go farther than his limitation of motion in his right index finger.

Aaron Emigh v. West Calcasieu Cameron Hospital

145 So. 3d 369 · Supreme Court of Louisiana · Jul 1, 2014

In support of her lawsuit, Delouche contends the petition clearly states a cause of action. … The fact that Blue Cross could only deliver based on third party performance does not make Blue Cross immune to liability.

Marceaux v. State

97 La.App. 1 Cir. 0273 · Louisiana Court of Appeal · Sep 25, 1998

ANALYSIS The historical facts in this ease clearly establish that the supplemental pay provision for state police and officers of the DWF enforcement division was proposed, discussed, and passed as an exception to the uniform … By this amendment, a separate "state police service” was also established. .

In Re Interdiction of Dugas

997 So. 2d 724 · Louisiana Court of Appeal · Nov 3, 2008

establishes that the fact finder is clearly wrong or manifestly erroneous. … The undercurator shall: (1) Notify the court when the curator has failed to qualify timely for office. (2) Have free access to the interdict and to all records relating to the interdict relevant to his office. (3) Review

Putnam v. United States

826 F. Supp. 988 · District Court, W.D. Louisiana · Apr 26, 1993

It argues that any reimbursement actually received by the Judge qualifies as taxable ordinary income. … Therefore, his claimed expenses qualify as nondeductible commuting costs. See also, Steinhort v.

Tommie M. Granger, M.D. v. Christus Health Central Louisiana D/B/A Christus St. Francis Cabrini Hospital

Louisiana Court of Appeal · Jul 20, 2012

That is to say, HCQIA does not confer absolute immunity to a peer review committee, but grants immunity only when the statutory requirements are met. … Clearly, there was a legal duty on the part of Dr.

Martin v. Westchester Fire Insurance Co.

183 So. 2d 769 · Louisiana Court of Appeal · Feb 28, 1966

His statements in connection with her pregnancy were all qualified by the words “possible” and, on occasion, “probable”. … Martin has established by a preponderance of evidence with legal certainty the fact that she was pregnant at the time of the accident nor do we believe that she has established a causal relationship between the automobile

Morton v. Hicks

74 So. 3d 268 · Louisiana Court of Appeal · Sep 28, 2011

that the fact finder is clearly wrong or manifestly erroneous. … Hicks had not changed his domicile to the Holcomb Drive address in District 2 in time to qualify for this election.

Hansel v. Holyfield

779 So. 2d 939 · Louisiana Court of Appeal · Dec 27, 2000

This does not qualify as new evidence under La. C.C.P. art. 1972(2). … Hansel was establishing the family in Louisiana. In any event, Mrs. Hansel did physically move to Louisiana as soon as was practical.

Sheridan v. Garrison

273 F. Supp. 673 · District Court, E.D. Louisiana · Aug 28, 1967

For it is difficult for the witness to determine just how broad this immunity is. … In addition, they say that Section 2283 establishes only a rule of comity and judicial discretion which must yield when neces *686 sary to preserve constitutional rights.

Ricaud v. Holloway Sportswear, Inc.

98 La.App. 3 Cir. 1422 · Louisiana Court of Appeal · May 26, 1999

As we noted above, the “[j]urisprudence clearly establishes that in workers’ compensation cases, the appropriate standard of review to be applied by appellate courts is the ‘manifest error — clearly wrong’ standard.” … Hence, we must consider whether the trial judge was manifestly erroneous in finding Plaintiff qualified for TTD from the date of the accident through February 11, 1997.

Brian Mariana and Zachary Mariana Versus Magnolia Auto Transport, LLC, Hallmark Specialty Insurance Company, Nickolus Treadway, Usaa Casualty Insurance Company, Deputy Troy Cassioppi, St. John the Baptist Parish Sheriff's Office, Abc Company, Def Insurance Company and Ghi Insurance Company

Louisiana Court of Appeal · May 26, 2022

The statutory immunity provided by La. … They also argue that the Sheriff is not entitled to this qualified immunity because the SJSO failed to properly train, monitor, or supervise Lt. Cassioppi. The substantive law applicable to this case, La.

First Nat'l Bank v. Capital City Petroleum Products Co.

13 La. App. 498 · Louisiana Court of Appeal · Dec 3, 1929

Across the face of the draft, dated September 11, 1928, appears the following: “We accept this draft without qualifying conditions to be paid at maturity. Payable at Louisiana National Bank. … The testimony of Young, vice-president of the bank, is to the same effect, though not so clearly stated.

Opinion Number

Louisiana Attorney General Reports · Jun 1, 2000

The qualified electors of the District authorized the imposition of a sales tax dedicated for the purposes of paying the cost of construction, acquiring, improving, maintaining and operating a solid waste collection and disposal … There is no indication that it is meant to be an exception to the rule of § 14(A); the exceptions are clearly contained in § 14(B).

Crockerham v. Weyerhaeuser Holden Wood Products

2016 La.App. 1 Cir. 0331 · Louisiana Court of Appeal · Jun 2, 2017

that the finding is clearly wrong. … The OWC’s conclusion that claimant'had limited mental • skills was established at trial.

Short v. City of Baton Rouge

110 So. 2d 825 · Louisiana Court of Appeal · Mar 23, 1959

Exceptions of no cause and no right of action, founded on the principle of governmental immunity from liability, were filed on behalf of the City of Baton Rouge and the Parish of East Baton Rouge. … Lumbermen’s Mutual Casualty Co., La.App., 98 So.2d 530 cited and heavily relied upon by counsel for plaintiff is clearly distinguishable from the present case.

Katz v. Katz Realty Co.

228 La. 1008 · Supreme Court of Louisiana · Dec 12, 1955

Seghers, a qualified surveyor. … LSA-Civil Code cording to the rules established in the Article 1926.