Case law

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.

Helmers v. Fernandez Nursing Home, Inc.

914 So. 2d 556 · Louisiana Court of Appeal · Jul 6, 2005

ANALYSIS: At the outset, we must agree with Fernandez that the appellants have presented no evidence of a contract and, therefore, have failed to establish their contract claim. … R.S. 9:5628, there is clearly no disturbance of vested rights in the retroactive application of La. R.S. 40:2010.9(C).

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.

United States v. State of Louisiana

225 F. Supp. 353 · District Court, E.D. Louisiana · Dec 31, 1963

who was unconstitutionally purged for failing to take the interpretation test. (3) It would be next to impossible to establish which qualified Negroes were rejected for failure to understand or interpret a constitutional … However, this Court adheres to the principle that only to the extent ■clearly necessary should federal courts interfere with established state and local procedures.

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.

Marinoni v. Levy

9 Teiss. 253 · Louisiana Court of Appeal · Apr 17, 1912

to establish a new rule, it will be construed as merely declaratory of the law as it stood before its adoption. 126 S. … Such recital in no manner qualifies or recites the unconditional promise to pay the fixed sum on a fixed day. Cases sustaining this view will be found in Crawford Neg. Inst. Law, P. 10 and 11, Ogden on Neg.

Pearce v. POWER & TELEPHONE OF KENTUCKY, INC.

533 So. 2d 46 · Louisiana Court of Appeal · Oct 5, 1988

Hearsay is evidence of an unsworn, out-of-court statement, made by a person, other than the testifying witness, which is introduced to establish the truth of its contents. State v. … Lewis was not qualified to answer. Mr. Lewis was tendered in an attempt to qualify him as a splicing expert. The trial court accepted Mr.

People for the Ethical Treatment of Animals v. Board of Supervisors of Louisiana State University and Thomas Galligan, Individually and in His Capacity of President of Louisiana State University

Supreme Court of Louisiana · Jun 28, 2024

Clearly, then, state law authorizes and applies to the veterinary care records requested. … The evidence establishes the Dr.

Giglio v. State, Department of Child & Family Services

227 So. 3d 851 · Louisiana Court of Appeal · Sep 20, 2017

Therefore, we find that plaintiff failed to establish that his requests for production of documents directed to non-parties qualified as steps in the prosecution of his suit. … The trial court clearly found that notice of the subpoena was not served on the defendants. Therefore, the matter should have been adjudged abandoned.

Elbert v. Lumbermen's Mut. Cas. Co.

107 F. Supp. 299 · District Court, W.D. Louisiana · Sep 4, 1952

Having in mirid the sense of immunity of the owner protected by the insurance and the possible danger of a less degree of care due to that immunity, it would seem to be a reasonable provision by the state in the interest … Smart, supra, the claim in Gaines had been established against the obligor., American Surety Co. v. Lewis State Bank, 5 Cir., 58 F.2d 559 , is not at all similar to the present case.

Butler v. Jefferson Disposal Co.

460 So. 2d 1062 · Louisiana Court of Appeal · Oct 11, 1984

Butler was qualified for a number of jobs despite his never interviewing him. Nor did Jefferson Disposal ever offer to have Mr. Butler retrained for or evaluated for any other jobs. Mr. … The plaintiff-employee in a workmen’s compensation accident has the burden of establishing by a preponderance of the evidence the causal connection between his disability and the accident. Martin v. H.B.

Webb v. Keller

39 La. Ann. 55 · Supreme Court of Louisiana · Jan 15, 1887

Susan Quirk’s claims and pretensions are concerned, they are clearly covered by, and embraced in that decree; aud the plea of res judieata must be sustained. … Beulah Beggs, the decree *65 quoted does not establish res judicata, but it furnishes a forcible precedent. Y. Notwithstanding the fact that the second marriage of Ur.

State Of Louisiana v. Jeffery Floyd Baham

Louisiana Court of Appeal · Apr 12, 2022

R.S. 14: 403. 10 B establishes a three -prong test for determining whether the immunity it establishes applies. … If the defendant had consumed alcohol instead of drugs on the night he was arrested, the prosecutorial immunity of La. R.S. 14: 403. 10( B) clearly would not apply to him. See State v.

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.

Krebs v. Mull

727 So. 2d 564 · Louisiana Court of Appeal · Dec 28, 1998

In 1991, plaintiff was approached by two clients who were seeking redress as a result of having contracted Acquired Immune Deficiency Syndrome (AIDS) from infusions of a blood factoring compound used to treat hemophilia. … The Supreme Court's reversal of this court's opinion in Chaffin clearly establishes that, in some circumstances, a tort action may lie for unwarranted interference by an attorney with the attorney-client contract of another

State ex rel. De Leon v. City of New Orleans

34 La. 477 · Supreme Court of Louisiana · Mar 15, 1882

We think the more cautious and qualified expression of the same Court, in the case of Loan vs. Topeka, 20 Wall. 660 , furnishes a sounder rule. … It requires merely the simplest arithmetical operation to fix the rate of tax required as clearly as if it had been fixed in the law.

Bright v. Ashcroft

259 F. Supp. 2d 494 · District Court, M.D. Louisiana · Feb 11, 2003

that he is qualified to opine about such matters. … Circuit concluded that “death clearly matters, as the deceased by definition cannot personahy suffer the privacy-related injuries that may plague the living.” 15 Campbell v.

Franks v. Harper

141 So. 2d 690 · Louisiana Court of Appeal · Mar 8, 1962

obligation as usufructuary to carry fire insurance for the protection of the one-third interest of which said two minors were naked owners, it is our opinion that although the said minors themselves, through their properly qualified … On the other hand, defendant argues the well established general principle of law that a policy of fire insurance is a personal contract between the insurer and the insured and that a person who is not either a party to the

Atkins v. Harcros Chemicals, Inc.

761 F. Supp. 444 · District Court, E.D. Louisiana · Jan 11, 1991

It is also respectfully submitted that because this Court’s remand Order was based on grounds specified in § 1447(c), even if the appellate court might conclude that the Order was erroneous, the remand is still immune from … Therefore, regardless of the Court’s observations about the concurrent economic benefits of remand, the Court clearly stated that these cases were being remanded because it lacked subject matter jurisdiction, not because