Case law

Jackson v. Moock

2008 La.App. 1 Cir. 1111 · Louisiana Court of Appeal · Dec 23, 2008

the correspondence that was exchanged between counsel because in its oral reasons for judgment, the trial court found that no formal discovery was done in this case and concluded that the informal correspondence did not qualify … Plaintiff does not dispute clearly-established jurisprudence holding that motions to withdraw, enroll, or substitute counsel are not considered formal steps before the court.

State v. Johnson

466 So. 2d 741 · Louisiana Court of Appeal · Mar 12, 1985

Clearly, the only event which prevented Mr. Harris from losing his valuables was Officer Vickers' timely arrival on the scene. … This testimony established intent, the use of force, and the use of a dangerous weapon as to the attempted armed robbery of Mr. Harris.

Jacob v. Dornier

427 So. 2d 651 · Louisiana Court of Appeal · Feb 7, 1983

examination of these two probate files above referred to (assuming that these two matters are properly before the court) does not reveal where either succession is presently under the administration of duly appointed and qualified … The language of the article clearly places on the party or parties seeking partition of a judicially-opened succession the burden of proving they could be sent into possession at that time, although they need not already

Walker v. Marcev

427 So. 2d 678 · Louisiana Court of Appeal · Feb 10, 1983

LaNasa's testimony did not establish with "a reasonable probability" that the trauma of the accident caused plaintiff's impotency. … The record in no way establishes that the court's finding was clearly wrong or manifestly erroneous. See Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).

McKenzie v. Webster Parish School Bd.

653 So. 2d 215 · Louisiana Court of Appeal · Apr 5, 1995

Furthermore, three highly qualified educators provided McKenzie with written recommendations and suggestions for improvement. … The activities for assistance shall be prescribed, the time period established therefor, and a specific date set for reevaluation established.

Holmes v. Reddoch

District Court, E.D. Louisiana · Dec 5, 2024

matter of law with respect to Holmes’s federal malicious prosecution claim, concluding that the claim was barred by qualified immunity.20 On May 17, 2023, after a three-day … Against Reddoch, the jury found that Holmes was unreasonably stopped but that Reddoch was entitled to qualified immunity for that stop.24 And the jury rejected Holmes’s federal claims against Reddoch for use of excessive

Ehlinger v. Ehlinger

251 So. 3d 418 · Louisiana Court of Appeal · May 29, 2018

He also maintains that the amended judgment qualifies as an implementation order. … However, the court has also defined the limits on the right to privacy, reasoning that the right to privacy is not absolute; it is qualified by the rights of others.

Daniel v. Richardson

325 F. Supp. 1140 · District Court, W.D. Louisiana · Mar 12, 1971

The Examiner considered the above regulations in evaluating the evidence presented to him, and found that claimant had only three (3) quarters of coverage during the qualifying period. … There are clearly contradictions contained in this record. Where such contradictions occur it is the task of the Secretary to resolve them. Stillwell v. Cohen, 411 F.2d 574 (5 Cir. 1969); O’Brien v.

Johnson v. City of Pineville

8 La.App. 3 Cir. 1234 · Louisiana Court of Appeal · Apr 8, 2009

This time period is clearly outside of the five-day period provided for in La.R.S. 44:35. … The Louisiana Constitution Article 12, § 13 states, “No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law.”

Davis v. Benton

874 So. 2d 185 · Louisiana Court of Appeal · Feb 23, 2004

As used in this Article, the following terms shall have the meanings ascribed to them below, unless the context clearly indicates otherwise: (1) "Act in furtherance of a person's right of petition or free speech under the … If such speech was defamatory, the court concluded it was protected by a qualified privilege, and thus, plaintiff had not established a probability of success on her claim.

Reed v. Gautreaux

District Court, M.D. Louisiana · Nov 15, 2019

immunity. … Gusman, 674 F.3d 475, 483-84 (5th Cir. 2012)(stating that qualified immunity should be adjudicated at the earliest possible stage)); see also, Schultea v.

Jupp v. Global Marine Exploration Co.

227 F. Supp. 604 · District Court, E.D. Louisiana · Mar 19, 1964

Jupp, Jr., de *605 cedent, individually, as surviving spouse, and as the duly qualified tutrix of the decedent’s three minor children. … There were 140 establishments in the state devoted to the sale and servicing of Clinton merchandise.

Breazeale v. B.F. Goodrich Co.

564 F. Supp. 1541 · District Court, E.D. Louisiana · Jun 9, 1983

The Court does give credence to the testimony of Albert Tribuzi, a Goodrich employee of 23 years, who qualified as an expert in mechanical engineering and additionally qualified to give opinion testimony relative to tire … Negligence is conduct which falls *1545 below the standard established by law for the protection of others against unreasonable risk of harm.

Mathews v. Marquette Casualty Company

152 So. 2d 577 · Louisiana Court of Appeal · Jun 14, 1963

Frazier, although qualified as an insurance agent, was not licensed as a solicitor for the Gibson agency. … Marquette Casualty Insurance Company, however, has failed to establish that the omission charged to its agent caused it damage.

Abadie v. Metropolitan Life Ins. Co.

784 So. 2d 46 · Louisiana Court of Appeal · Mar 28, 2001

Plaintiffs argue that post-1976 evidence was relevant to establish intentional tortious conduct of the Avondale Executive Officers, for which they are not immune to prosecution under R.S. 23:1032 as amended. … The record establishes that the parties agreed, pre-trial, that these suits alleged negligent conduct and not intentional conduct from any time period. Thus, post 1976 evidence was clearly irrelevant and not at issue.

Cart v. Missouri Pacific RR Co.

752 So. 2d 241 · Louisiana Court of Appeal · Dec 8, 1999

The timetable speed established by the railroad was excessive at the accident location; and 3. The railroad mis-classified the track at the accident location. … They argue that, while officially classified as class four, the track is not actually in a condition to qualify for that classification.

Baricuatro v. Industrial Personnel & Management Services, Inc.

927 F. Supp. 2d 348 · District Court, E.D. Louisiana · Feb 27, 2013

Clearly, they are not. … It is not clear that even Lamoste and Real qualify as “seafarers.”

Darvin Castro-Santos v. State of Louisiana

Louisiana Court of Appeal · Dec 19, 2025

As the Louisiana Supreme Court has stated, “[A] court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of ‘manifest error’ or unless it is ‘clearly wrong,’ and where … Brooks was qualified to testify only on line-up identification procedures and not on conditions that can give rise to mistaken eyewitness identifications.

Domino v. CROWLEY CITY POLICE DEPT.

10 La.App. 3 Cir. 1244 · Louisiana Court of Appeal · May 25, 2011

The remaining issues were fixed for trial, and the court subsequently granted a directed verdict dismissing Nickel and Deville, finding they were judicially immune from suit for the conduct alleged. … P. art. 220] The test precludes “clearly inappropriate force.” LSA-C.Cr.P. Art. 220, Official Revision Comment(b). The use of force when necessary to make an arrest is a legitimate police function.

State v. Harris

540 So. 2d 1226 · Louisiana Court of Appeal · Mar 15, 1989

Rogers, the canine officer, established how he tracked the suspect's path to the house where he was found. … Harris' attorneys defended him by attempting to establish an alibi.