Case law

Amos v. Walker

55 So. 3d 129 · Louisiana Court of Appeal · Nov 3, 2010

that the fact finder is clearly wrong or manifestly erroneous. … R.S. 32:24; and, therefore, he is immune from fault and liability in this case since he did not act with gross negligence or reckless disregard for the safety of others. We agree. La.

Widow & Heirs of Brigot v. Brigot

47 La. Ann. 1304 · Supreme Court of Louisiana · Jun 17, 1895

His widow was appointed administratrix of the succession in France, but never qualified in Louisiana. Mrs. D. F. … Voidable judgments are binding until reversed by some direct proceeding. “ This principle is not merely an arbitrary rule of law established by the courts, but it is a doctrine which is founded upon reason a,nd the soundest

Opinion Number

Louisiana Attorney General Reports · Jul 18, 1997

The Title 41 provisions referenced above authorize leases between political subdivisions and state agencies and establish requirements for such agreements. … The language of R.S. 17:3055 (7) which authorizes the Authority to lease its property, "on any terms and conditions as may be lawful . . ." indicates clearly that the Authority is given broad discretion and that this grant

Bailey v. Board of Commissioners of the Louisiana Stadium and Exposition District

District Court, E.D. Louisiana · Feb 21, 2020

Next, the LSED Defendants contend that sovereign immunity protects the Board from Plaintiff’s claims unless Congress validly abrogated the state’s immunity as to those claims.39 The LSED Defendants argue that applying the … ‘connection to [ ] enforcement’ is satisfied when standing has been established.”160 In Lujan v.

Barnes v. Thames

578 So. 2d 1155 · Louisiana Court of Appeal · Feb 15, 1991

Based on the totality of the evidence in the record regarding the relationship of S.I.D. and Monasco, as detailed above, I conclude the evidence is clearly insufficient to establish Monasco was an alter ego of S.I.D. … The jury clearly erred in concluding otherwise, the evidence presented being insufficient to sustain such a conclusion.

Hebert v. Central Intelligence Agency

District Court, W.D. Louisiana · Apr 16, 2021

Gilley, 138 F.3d at 213 (clearly baseless); Horton v. Cockrell, 70 F.3d 397, 400 (5th Cir. 1995) (irrational or wholly incredible); Hicks v. … But federal courts lack jurisdiction over suits against a state, a state agency, or a state official in his official capacity unless that state has waived its sovereign immunity or Congress has clearly abrogated it.76

Landry v. Bellanger

813 So. 2d 598 · Louisiana Court of Appeal · Mar 28, 2002

the finding is clearly wrong. … In a civil battery case, the burden of proof is on the plaintiff to establish that a battery was committed. Frazer v. St.

Alexander v. Lafayette

District Court, W.D. Louisiana · Sep 24, 2021

'*” The Individual Defendants have expressively raised the applicability of qualified immunity in their motions to dismiss.!”8 Whether an officer is entitled to qualified immunity turns on a two-prong inquiry. … ° Second, was that right “clearly established” at the time of the defendant’s alleged misconduct?'?

Bronel Hebert v. Quinten Adcock

Louisiana Court of Appeal · Feb 2, 2011

(4) The Trial Court erred When It Denied the Officers’ “Good Faith” Immunity. (5) The Trial Court erred When It Denied the Officers’ Defense of “Warrant Immunity. … DISCUSSION Standard of Review It is well settled that a court of appeal will ordinarily not set aside a trial court’s finding of fact unless it is clearly wrong. Arceneaux v.

Williams v. Placid Oil Co.

16 La.App. 3 Cir. 839 · Louisiana Court of Appeal · Aug 2, 2017

I29Uncontradicted testimony at trial .established that Mr. … The deposition testimony" of Prenitiss McLeod, a Placid Oil plant supervisor con-" clusively establishes that Placid Oil had knowledge at the time Mr. | .

Whitehead v. Book

641 F. Supp. 2d 549 · District Court, M.D. Louisiana · Oct 17, 2008

Thus, the Louisiana First Circuit’s decision not to address the constitutional question presented by Whitehead is not contrary to, or an unreasonable application of, clearly established federal law. … Butler, 882 F.2d 160 (5th Cir.1989)(A statute is not unconstitutionally vague if it clearly defines the conduct prohibited and the punishment authorized).

State v. Haley

222 So. 3d 153 · Louisiana Court of Appeal · May 24, 2017

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … Thomas testified to establish the chain of custody of the cellphone and laptop recovered by Ofc. Dupree from Haley’s vehicle. A copy of Sgt.

Public Housing Admin. v. Housing Auth. of Bogalusa

242 La. 519 · Supreme Court of Louisiana · Dec 11, 1961

Both are qualified to do business and are doing business in Louisiana. Liberty is a mutual company and Reliance is a stock company. … By R.S. 22:131, non-assessable policies may be issued upon compliance with certain conditions. *535 As found by the Court of Appeal, it is well established that a mutual insurance company is a cooperative enterprise in which

Sparks v. Tulane Med. Ctr. Hosp. & Clinic

546 So. 2d 138 · Supreme Court of Louisiana · Jun 19, 1989

Defendant presented no medical testimony but attempted to establish that plaintiff had pre-existing medical problems. … ," and recovery of benefits was allowed. [7] While the sudden onset of physical injury may qualify as the compensable "accident" in some cases, see Ferguson v.

Miller v. Loyola University of New Orleans

829 So. 2d 1057 · Louisiana Court of Appeal · Sep 30, 2002

DISCUSSION Dismissal of a claim is justified only when the allegations of the petition itself clearly show that the plaintiff does not state a cause of action. Farmer v. Marriott Int'l, Inc., XXXX-XXXX, p. 2 (La. … Judicial oversight as to the reasonableness and quality of education would be an immense effort without ascertainable or clearly definable standards.

Veazey v. Elmwood Plantation Associates, Ltd.

650 So. 2d 712 · Supreme Court of Louisiana · Mar 24, 1995

Such a result is clearly contrary to public policy. … It does not necessarily follow that the ratio approach should be applied outside of the worker's compensation-statutory immunity setting to a case in which the nonparty tortfeasor is not statutorily immune from liability,

Hoyt v. Wood/Chuck Chipper Corp.

651 So. 2d 1344 · Louisiana Court of Appeal · Feb 2, 1995

Moreover, expert testimony established that this alteration of the chipper was not one which Wood/Chuck Chipper should have anticipated. … Because this case involves a statutorily immune employer, we are required to reapportion International's allocated fault between Mr. Hoyt and Margot, Inc. Gauthier, 618 So.2d at 831-833 .

Tutorship of Shea

619 So. 2d 1236 · Louisiana Court of Appeal · Jun 2, 1993

All custody decrees would therefore qualify as “interim orders” in the sense that the appellant uses that term, and the statute, as construed by the appellant, would be rendered meaningless. … The appellees presented evidence, which clearly established that the appellant has indeed had problems with all of his personal relationships, because of his indifference to the feelings and needs of others.

Victus 1, Inc. v. Stocky's World Famous Pizza, Inc.

256 So. 3d 1146 · Louisiana Court of Appeal · Sep 26, 2018

A contract is formed by the consent of the parties established through offer and acceptance. La. C.C. art. 1927. … Able stated, "I have a qualified buyer willing to offer you $450k for your place. Are you interested?" Ms.

Schroeder v. Lacy

600 So. 2d 146 · Louisiana Court of Appeal · May 20, 1992

Clearly, Schroeder established the liability of Lacy in accordance with his personal guarantee, but failed to prove the outstanding balance owed by competent evidence. … Encompassed within the scope of this power is the right to remand a case to the trial court for the taking of competent evidence on the issue of the amount of an award when liability is clearly established at trial.