Case law

State v. Montgomery

499 So. 2d 709 · Louisiana Court of Appeal · Dec 10, 1986

Defendant also knew that his co-conspirators, the persons to whom the defendant made the statements, had been granted immunity and were testifying for the State. … We do not find it necessary to comment on the prosecution evidence introduced to establish defendant's specific intent to kill.

Inn of Hammond, Inc. v. State, Department of Transportation & Development

376 So. 2d 1318 · Louisiana Court of Appeal · Oct 8, 1979

A defined area, as used herein, is an area within clearly established geographical boundaries, ascertainable with reasonable certainty, which can be evaluated as an economic entity. C. … : (1) Requirements for the directional content of signs to qualify the signs as directional signs to goods and services in defined areas; (2) A method of economic analysis showing that the removal of signs would work a substantial

Boyd v. BBC Brown Boveri, Inc.

656 So. 2d 683 · Louisiana Court of Appeal · May 10, 1995

Zahalsky wrote a letter on May 13, 1992, stating that "[Boyd's] memory functions and abilities of his immune compartment have been damaged." On November 4, 1992, upon Dr. … This is clearly evidenced by the fact that he filed suit on March 31, 1988, setting forth the same claim against virtually the same defendants as those in the instant case.

In Re New York Life Insurance Agents' Class Solicitation Litigation

92 F. Supp. 2d 564 · District Court, E.D. Louisiana · Apr 28, 1997

Louisiana clearly has a significant interest in protecting its citizens regardless of where the tort occurs. Id. In addition, two out of the four defendants are also Louisiana citizens. … Therefore, I find that good faith is absent and so the defense of qualified privilege is unavailable at this time.

State v. Rini

151 La. 163 · Supreme Court of Louisiana · Jan 2, 1922

The exact time of this questioning, in so far as it relates to the statement objected to and made by Deamore, does not clearly appear. … Written charges are often better considered, more clearly expressed, and, in complicated cases at least, less likely to contain error.

State v. Hawkins

2011 La.App. 4 Cir. 0193 · Louisiana Court of Appeal · Nov 16, 2011

While her testimony clearly demonstrates the challenge in eliciting testimony from a six year old victim, she nevertheless clearly expressed that it was the defendant that sexually abused her. … The record falls short of establishing that this defendant was indigent.

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.

Lord v. State, Board of Chiropractic Examiners, Department of Health & Human Resources

98 La.App. 1 Cir. 1454 · Louisiana Court of Appeal · Jun 25, 1999

each state, in order to improve child support enforcement effectiveness, enact laws requiring that the social security number of any applicant for a professional or occupational license be recorded on the application. 1 To qualify … Pursuant to this statutory scheme, the state must do more than simply collect overdue support payments; it must also establish a comprehensive system to establish paternity, locate absent parents and help families obtain

Burgard v. Allstate Ins. Co.

904 So. 2d 867 · Louisiana Court of Appeal · May 31, 2005

Before an appellate court can disturb the quantum of an award, the record must clearly reveal that the jury abused its discretion. … The mental and emotional components of the injury have clearly affected Triay. The medical testimony established several cognitive deficits related to the subject accident, including short-term memory loss.

Slack v. Dunn

5 So. 2d 164 · Louisiana Court of Appeal · Nov 28, 1941

The amount of the claim must be established with legal precision, and it must be proved with certainty that the funds were received by the husband and used in his business. … It is clearly to be seen that the legal requirements above set forth, concerning the matter of proof, have not been met. Even if Mrs.

Davis v. Wal-Mart Stores, Inc.

99 La.App. 5 Cir. 723 · Louisiana Court of Appeal · Jan 12, 2000

Clearly Sam’s, in its failure to offer any evidence to contradict that offered by the plaintiff failed in this regard. … Howard Katz was qualified as an expert in physical medicine and rehabilitation.

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.

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.

James v. Express Marketing, Inc.

973 So. 2d 125 · Louisiana Court of Appeal · Dec 5, 2007

R.S. 23:1208.1, employers give a "Second Injury Fund Questionnaire" which inquires into conditions that may establish a permanent partial disability ("PPD"). … Clearly, denial of the claim based on untimeliness is not supported by the record.

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.

Gautreau v. Central Gulf Steamship Corporation

255 F. Supp. 615 · District Court, E.D. Louisiana · Jun 21, 1966

In the former, where the federal question averred is not plainly wanting in substance, the federal court, even though the federal ground be not established, may nevertheless retain and dispose of the case upon the nonfederal … International Terminal Operating Co., 358 U.S. 354 , 79 S.Ct. 468 , 3 L.Ed.2d 368 (1959), involved several defendants, the case is clearly distinguishable from the present one.

Favalora Constructors, Inc. v. Grillot Electric Co.

2016 La.App. 4 Cir. 0550 · Louisiana Court of Appeal · Nov 30, 2016

to serve as an arbitrator,” thereby implying that “the arbitrator appreciates the existence of a clearly governing legal principle but decides to ignore it.” … Accordingly, based upon our de novo review of the record before this court, Favalora did not meet his burden of establishing that the arbitrator made an obvious legal error or ignored a governing legal principle.

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.

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.

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.