Case law

State v. Kenner

900 So. 2d 948 · Louisiana Court of Appeal · Mar 23, 2005

Kenner failed to qualify his plea as such. Mr. Kenner entered an Alford plea. This Court discussed this type of plea in State v. … However, the article provides exceptions to *952 the time period established.

Tanner v. Beverly Country Club, Inc.

217 La. 1043 · Supreme Court of Louisiana · Jun 30, 1950

In each case taxpayers and residents of the Parish of Jefferson, in the first listed case 26 and in the second 16, availing themselves of the provisions of Act 192 of 1920, as amended, are seeking to have the establishments … since increased to 28), and the territorial limits of each is specifically fixed (Section 31), each district to be presided over by one judge or more, as the case may be (Section 32), to be elected by a plurality of the qualified

State v. Montegut

439 So. 2d 1105 · Louisiana Court of Appeal · Sep 15, 1983

The affidavit clearly sets forth a whole series of facts reflecting the informant’s observation of and participation in narcotics transactions with the defendant over a two-week period leading up to defendant’s arrest. … The defense objected to the admissibility of such opinion testimony, and contends that Peralta was not qualified as an expert in chemistry or potency of drugs, and that he was not, therefore, qualified to give opinion testimony

Hankton v. City of New Orleans

973 So. 2d 851 · Louisiana Court of Appeal · Dec 12, 2007

In accompanying Reasons for Judgment, the court first noted that, pursuant to the law of the case doctrine, the defendants did not have tort immunity under the Workers' Compensation Act for the intentional and/or negligent … The evidence fails to establish any specific incident in which Ms. Simon's treatment of Ms. Hankton was unfair, unreasonable or unprofessional.

In Re Stelly's Estate

185 So. 637 · Louisiana Court of Appeal · Jan 11, 1939

The surviving widow of the deceased qualified as natural tutrix to her said minor son and took the usual proceedings against the tax collector by rule to have the inheritance coming to her said minor son from his deceased … Of course, there is no occasion to resort to the doctrine of contemporaneous construction by administrative officers where the construction is clearly at variance with the provisions of the law.

Martin v. Louisiana Stadium and Exposition Dist.

349 So. 2d 349 · Louisiana Court of Appeal · Jun 7, 1977

The Abbott case is clearly distinguishable. … Clearly, this right is reserved to any legislative body. See Hainkel v.

Tin, Inc. v. Washington Parish Sheriff's Office

2012 La.App. 1 Cir. 0156 · Louisiana Court of Appeal · Jul 2, 2012

DMA asserted that the taxpayer had incorrectly overpaid use taxes between January 1, 2001 through November 30, 2003, on caustic soda and NaSH, which, DMA asserted, qualified for “the raw material exclusion” and for which … Clearly, the latter remedy, which appears to reference the provisions of La.

Clemmons v. Zurich General Accident & Liabil. Ins. Co.

230 So. 2d 887 · Louisiana Court of Appeal · Feb 2, 1970

Clemmons they interposed the defense of immunity from liability by virtue of his position as Sheriff for the Parish of East Baton Rouge. … Green, supra, the court specifically determined: ( 186 So.2d 712, 719 ) " Clearly, Mrs.

Martinez v. Reed

623 F. Supp. 1050 · District Court, E.D. Louisiana · Dec 11, 1985

The judgment rendered by the Civil District Court of the Parish of Orleans in Louisiana puts much emphasis on the fact that the Notarial Act of April 23, 1984, does not comply with the formal act of surrender as established … Louisiana has also clearly spoken on this issue.

State v. Greene

951 So. 2d 1226 · Louisiana Court of Appeal · Jan 30, 2007

At trial, the state sought to qualify Dr. Wetsman as an expert in the field of child sexual abuse and forensic pediatrics. It established that Dr. … Wetsman's qualifications and established there was no board certification for forensic pediatrics. Dr.

State of Louisiana v. Terrence Keith Wilson

Louisiana Court of Appeal · Dec 9, 2022

This Court will not disturb the ruling of the factfinder, concerning the credibility of a witness, unless it is clearly contrary to the evidence. State v. … In the absence of a qualifying provision, the terms “intent” and “intentional” reference towards general intent. La. R.S. 14:11. Thus, a reading of La. R.S.14:35.3 in pari materia with La.

Roque v. State

273 So. 3d 1252 · Louisiana Court of Appeal · May 15, 2019

statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Arbitrary or capricious or characterized by abuse of discretion or clearly … III, § 2101(A) (providing that "[t]he Louisiana Combined Application Project (LaCAP) is established in accordance with applicable state and federal laws"). See La.

Roque v. State

273 So. 3d 1252 · Louisiana Court of Appeal · May 15, 2019

statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Arbitrary or capricious or characterized by abuse of discretion or clearly … III, § 2101(A) (providing that "[t]he Louisiana Combined Application Project (LaCAP) is established in accordance with applicable state and federal laws"). See La.

Opinion Number

Louisiana Attorney General Reports · Feb 5, 2002

The case law under USERRA and its predecessors also indicates the areas of possible salary increases, if allowable, and they clearly turn on employer practice, policy and contracts/agreements. … In the event the IRS issues its guidance for the State MSRA provisions for qualified plans, this area would be subject to review at that time. Question 3.

Joseph Celestine v. Lafayette City-Parish Consolidated Government and Abc Insurance Company

Louisiana Court of Appeal · Nov 20, 2024

Because the undisputed evidence demonstrates reasonable efforts to maintain the safety of Cypremort Park, the State was clearly not grossly negligent, nor did the State act with intent to cause injury … But Plaintiff failed to produce factual support sufficient to establish the existence of a genuine issue of material fact.

State ex rel. Patton v. Houston

40 La. Ann. 393 · Supreme Court of Louisiana · Apr 15, 1888

To obtain" the relief sought herein under the writs of certiorari and prohibition, these rules imperatively require that relator shall establish one of three things, viz: either 1st, that the proceedings are infected with … We are clearly precluded from considering such questions in this proceeding.

John Doe and Jane Doe Individually and on behalf of their minor child, Johnny Doe v. ABC School, Joseph Doe and DEF School Board

Louisiana Court of Appeal · Dec 17, 2020

that the finding is clearly wrong. … Thus, two of the four Baumeister factors are established by the evidence.

Saucier v. Washington

229 So. 3d 19 · Louisiana Court of Appeal · Sep 20, 2017

Henry, 566 F.3d at 170 : •Article 971 establishes a burden-shifting analysis for weeding out frivolous claims. … Washington and wrote an article that was clearly printed in an effort [to] present a sensational story which hit on almost every hot button in today’s society.

Brumfield v. Spera

25 So. 3d 249 · Louisiana Court of Appeal · Dec 23, 2009

that the finding is clearly wrong (manifestly erroneous). … David Michael Holdsworth deprived the jury of any critical information on the issue of fault; we are unable to say the trial court abused its discretion in refusing to qualify Dr.

Hutchinson v. Reed

District Court, W.D. Louisiana · Apr 16, 2025

The seven affirmative defenses include the following: (1) failure to exhaust; (2) qualified immunity; (3) failure to mitigate; (4) Heck bar; (5) general denial; (6) no negligence on the part of the state; and (7) third … As to qualified immunity, he contends that this defense does not apply because there were no federal claims pled against DPS&C, and respondeat superior does not apply to federal claims. See id.