Case law

Aurora Properties, Inc. v. Louisiana Power & Light Co.

251 La. 880 · Supreme Court of Louisiana · Feb 19, 1968

In amicus curiae brief, the City of New Orleans has clearly set forth the powers of city planning commissions. It also persuasively demonstrates the need for underground wiring in new subdivisions. . … power, water works, or other local public utility, now vested in any town, city or parish government unless and until at an election to be held pursuant to laws to be hereafter passed by the Legislature, a majority of the qualified

Rue v. Board of Trustees of Alexandria Employees Retirement System

437 So. 2d 1167 · Louisiana Court of Appeal · Aug 10, 1983

He explained that, when a medical question would arise, the Board would, “... utilize a series of a number of qualified doctors and physicians in Alexandria”. … It is our opinion that the trial court’s finding, that the Board is in substantial compliance with the law, is clearly wrong.

Francis v. Lemella

District Court, W.D. Louisiana · May 28, 2025

Charles Jagneaux is immune from suit and should not be included in any amended complaint. 3. … Francis must provide facts to establish that each named defendant displayed a subjective intent to cause harm.

Opinion Number

Louisiana Attorney General Reports · Aug 20, 1992

Pursuant to Article XII, Section 8 of the Constitution, the Legislature has established a system of public health including a hospital system for indigent persons. … The establishment of such an entity has been said to be within the constitutional powers of the Legislature by the Supreme Court.

Moss v. Formosa Plastics Corp.

99 F. Supp. 2d 737 · District Court, M.D. Louisiana · Jun 1, 2000

An employee who asks for FMLA leave and who is otherwise qualified, may take up to twelve weeks of unpaid leave. … Clearly, some employees may not be able to return to work at the conclusion of their leave due to their family or medical situation.

CHURCH POINT v. Acadia Parish Police Jury

2003 La.App. 3 Cir. 890 · Louisiana Court of Appeal · Jul 15, 2003

Other statutes with both characteristics (creation of the right and stipulation of the delay for filing suit) have also been found to have established peremptive periods.10 Another characteristic of a statutorily created … The present suit is clearly an action pursuant to La.R.S. 18:1404(A)(2) and La. R.S. 18:1405(G), objecting to the calling of a special election. SAUNDERS, J. dissents, and will assign written reasons on July 16, 2003.

Shannon v. Vannoy

251 So. 3d 442 · Louisiana Court of Appeal · Jun 1, 2018

However, the defendants argued that the State is immune to suit on state law claims brought in federal court. Therefore, because Mr. … This is clearly shown by La.

State v. Collins

9 La.App. 5 Cir. 283 · Louisiana Court of Appeal · Dec 8, 2009

Additionally, evidence of previous attempts to distribute narcotics may be considered in establishing intent. State v. … Defense counsel objected to the intent to qualify the officer as an expert, but the trial judge stated that the officer could testify as to his knowledge and ordinary experience as a narcotics officer without being qualified

State v. Billiot

672 So. 2d 361 · Louisiana Court of Appeal · Apr 4, 1996

Seiffert was not qualified as an expert witness in accident reconstruction, the trial court erred in allowing his opinion testimony in this matter. Although Sgt. … Clearly, the trial court correctly overruled defense counsel's objection to this testimony. When the prosecutor asked Sgt.

Taylor v. Louisiana-Pacific Corp.

602 So. 2d 48 · Louisiana Court of Appeal · May 20, 1992

However, after that date, the record clearly establishes that Taylor returned to some form of employment. In March, 1988, and up until the time of trial, Taylor was employed. … Legal Principles To qualify for supplemental earnings benefits, a claimant must prove by a preponderance of the evidence that a work-related injury resulted in his inability to earn wages equal to 90% or more of his wages

United States v. Moody

622 F. Supp. 2d 362 · District Court, E.D. Louisiana · Mar 6, 2009

Moody must establish both the “deficiency” and the “prejudice” prongs of the Strickland test. … Because Moody was sentenced to the shortest term of imprisonment available under the ACCA, which clearly applied to his case, he cannot show that there is a reasonable probability that, but for some deficiency in his counsel

Fryar v. Westside Habilitation Center

479 So. 2d 883 · Supreme Court of Louisiana · Dec 2, 1985

As an officer of Penn Square, he is not immune from Louisiana jurisdiction but that jurisdiction must be based on his personal acts. … Here we have a Rapides Parish non-profit corporation doing business with a Bossier Bank to act as trustee of funds derived from bond sales and to invest those funds in a "qualified investment."

Spurs v. United States

424 F. Supp. 977 · District Court, W.D. Louisiana · Jan 12, 1977

Regarding the first argument: there are two other grocery stores within four blocks of plaintiff’s establishment which are approved and do accept food stamps; they stay open twelve hours a day (slightly less convenient than … , or continues to qualify, for approval under the provisions of this chapter or the regulations issued pursuant to this chapter.

State v. James

431 So. 2d 399 · Supreme Court of Louisiana · May 18, 1983

Nevertheless, the defendant seeks a reversal arguing that the "death qualified" jury was in some way prejudiced against him. … With further questioning, defense counsel attempted to establish the point in time at which Price had entered into the plea agreement.

Moorehouse v. Gallow

156 So. 2d 62 · Louisiana Court of Appeal · Jul 1, 1963

Alvin Doyle, Jr., who gave his occupation as an automobile consultant and accident analyst and who one of the plaintiffs attempted to have qualified as an expert witness, which was denied *65 by the Trial Judge. … It is the opinion of this Court that this case clearly comes within the principles set forth in Guidry v.

State, Dotd v. Cole Oil and Tire Co., Inc.

975 So. 2d 765 · Louisiana Court of Appeal · Feb 13, 2008

However, the date of closure was not clearly established. Records for the Department of Environmental Quality ("DEQ") showed that the tanks were out of service by 1998. … In this sense, they were offered to establish the truth of COT's claims and are inadmissible hearsay.

In Re Godfrey Trust

986 So. 2d 812 · Louisiana Court of Appeal · Jun 4, 2008

According to plaintiffs, the immovable property belonging to the trust had been liquidated into $1,200,000 and Rellis Godfrey was not qualified to properly invest large sums of money. … Discussion Appellate review of the decision to impose sanctions is under the manifest error/clearly wrong standard of review. Jones v.

Dexter Johnson Versus Madeline Jasmine - Individual Capacity

Louisiana Court of Appeal · Jan 29, 2020

Johnson’s petition, on its face, clearly alleges that the behavior complained of occurred while Judge Jasmine was acting in her judicial capacity. Mr. … Deciding whether a petitioner has established a prima facie case is an exercise of discretion, and public officials are immune from liability for discretionary acts “when such acts are within the course and scope of their

Opinion Number

Louisiana Attorney General Reports · Apr 9, 2007

The Supervisory Committee on Campaign Finance Disclosure is established. … In your letter you object to language contained in our opinion, and to quote from your letter, "particularly, the Attorney General's interpretation of laws clearly under the Board's jurisdiction in R.S. 18:1511.1 , et seq

Darden v. Vines

District Court, W.D. Louisiana · Sep 21, 2023

Specifically, they claim protection from suit under tribal sovereign immunity, Eleventh Amendment immunity, absolute prosecutorial immunity, and qualified immunity. Id. … of absolute immunity.