Case law

State of Louisiana v. Murphy Cormier General Contractors,inc.

Louisiana Court of Appeal · Jun 3, 2015

The facts of this case are clearly distinguishable from Showboat. … The Code also sets forth in La.Civ.Code art. 1927: A contract is formed by the consent of the parties established through offer and acceptance.

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.

Hayes v. Entergy Corp.

850 So. 2d 916 · Louisiana Court of Appeal · Jun 25, 2003

The testimony of Brooks established that it was quite possible that the shear head pulled the wire down. … It is undisputed that Hayes made the unfortunate decision to unload a piece of machinery that he was not qualified to drive under an electric wire when he could have safely unloaded it in the clearing across the street.

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

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.

Petre v. State Ex Rel. DOTD

817 So. 2d 1107 · Supreme Court of Louisiana · Apr 3, 2002

all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity … The record evidence clearly establishes that the accident was caused solely by driver error. Moreover, the majority adds insult to injury in affirming the lower courts' finding that DOTD was 50% at fault. Ms.

Blake v. Wal-Mart Stores, Inc.

358 F. Supp. 3d 576 · District Court, W.D. Louisiana · Oct 31, 2018

Manning clearly identifies her as the person who was pushing a cart that bumped into Plaintiff. Doc. 8, Exhibit 3. … One consideration has been whether the employee is alleged to be an active tortfeasor, not just an uninvolved manager or other supervisor who is likely immune from personal liability under Canter v.

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

Shaw v. Caddo Parish School Bd.

347 So. 2d 39 · Louisiana Court of Appeal · May 23, 1977

Jefferson Parish School Board, 206 La. 317 , 19 So.2d 153, 167-8 (1943), the Supreme Court said: "There is nothing more firmly established in law than the principle that, within the limits of their authority, the power and … The School Board cannot arbitrarily or unreasonably deny a sabbatical leave to a teacher who qualifies under the statute, nor arbitrarily or unreasonably terminate a leave previously granted.

Amlani v. McGee

13 La.App. 3 Cir. 950 · Louisiana Court of Appeal · Apr 2, 2014

Tekell was qualified as an expert in accident reconstruction. His key findings were that the point of impact was in the eastbound lane of travel, in which Mr. McGee had the right of way. He stated that Mr. … The jury clearly did not find Mr. McGee’s testimony believable.

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

Batiste v. Dunn

2010 La.App. 1 Cir. 1812 · Louisiana Court of Appeal · Jun 10, 2011

Although Louisiana’s public policy strongly favors UM coverage and a liberal construction of |sthe UM statute, it is well-settled that a person who does not qualify as a liability insured under a policy of insurance is not … Thus, the argument that someone is insured for UM coverage simply because they occupy an insured vehicle and sustained injury due to an uninsured motorist is clearly contrary to well-established law.

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.

Louisiana Irrigation and Mill Company v. Pousson

262 La. 973 · Supreme Court of Louisiana · Sep 7, 1972

This factual conclusion by the Court of Appeal gave plaintiff “every benefit of the doubt.” 5 The 1967 and 1968 usurpation of the lateral canal by defendant clearly resulted in a loss of possession by plaintiff. … Yiannopoulos, Predial Servitudes, 29 La.L.R. 1, 38. 3 It is because of these questions, posed principally by the defendant, but not essen *987 tial to our decision, that we qualify our opinion. .

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).

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

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.

LOCAL 100, SVC. EMP. INTERN. UNION v. Smith

830 So. 2d 417 · Louisiana Court of Appeal · Oct 23, 2002

BPSB's policy manual regarding personnel records states that "all information contained in each employee's personnel file shall be considered confidential and shall not be transmitted to persons or agencies other than qualified … If a resume or application contains facts which would expose the applicant to public disgrace, are clearly private in nature, or are protected by law from disclosure, then that resume or application, or the private matters

Fussell v. LA. BUSINESS COLLEGE OF MONROE

519 So. 2d 384 · Louisiana Court of Appeal · Jan 20, 1988

It was established that plaintiff, on one occasion, briefly allowed a tape recorder to play in a classroom. … We must conclude that the trial court's finding that plaintiff's suspension was justified is clearly wrong.