Case law

Washington v. City of Bossier

District Court, W.D. Louisiana · Aug 25, 2025

Furthermore, Defendants aver that the City’s officers and employees are entitled to qualified immunity on claims where they have been sued in their individual capacities. See id. at 15–16. … Regardless, Defendants submit Chief Haugen is entitled to qualified immunity. See id. Additionally, Defendants address Washington’s negligence claim listed under count four. See id. at 20.

Plessy v. Hayes Motor Co., Inc.

742 So. 2d 934 · Louisiana Court of Appeal · Jun 16, 1999

According to Hayes, Plessy did not qualify for financing based on her own income; thus, a co-signor was necessary. Edward J. Plessy, Jr., was listed as the co-signor. … The first two elements are clearly established in this case. There was the commencement of a criminal proceeding against Plessy based upon the charge of unauthorized use of a movable.

Hebert v. Ascension Parish School Board

District Court, M.D. Louisiana · Aug 21, 2019

Statutory Immunity Defendant argues alternatively that it is immune from suit under the ADA pursuant to the statutory immunity provided to state officials under La. … States Supreme Court to recognize a qualified good faith immunity for state officers under § 1983.’”151 That same court held previously that “discretionary acts immunity only applies to state law claims.

Denton v. Vidrine

947 So. 2d 850 · Louisiana Court of Appeal · Dec 28, 2006

DAMAGES (Assignment of Error No. 4) DOTD argues on appeal that the evidence did not establish that Mr. … In order to reverse a fact finder's determination of fact, an appellate court must find from the record that a reasonable factual basis does not exist for the finding and that the record establishes that the finding is clearly

Broussard v. West-Cal Const. Co., Inc.

96 La.App. 3 Cir. 18 · Louisiana Court of Appeal · Jun 12, 1996

As to the amount of attorney's fees awarded, a hearing officer has great discretion, and her decision will not be disturbed unless it is clearly wrong. … Partial dependency was clearly established and this case should be remanded for the appropriate calculation of a specific award to be made by the hearing officer. For the foregoing reasons, I respectfully dissent.

Jefferson v. Monumental General Ins. Co.

577 So. 2d 1184 · Louisiana Court of Appeal · Apr 3, 1991

The court noted that the amputation of plaintiff's foot "clearly was not ABOVE the ankle joint." Therefore, the question was whether the amputation was at the ankle joint. … An insurance policy is a contract between the parties and the rules established for the construction of written agreements also apply to contracts of insurance.

Harvey v. STATE, DOTD

799 So. 2d 569 · Louisiana Court of Appeal · Sep 26, 2001

wrong based on the evidence, or clearly without evidentiary support. … The DOTD maintains that the evidence did not establish any violation of the MUTCD. La.

Landry v. State Farm Ins. Co.

529 So. 2d 417 · Louisiana Court of Appeal · Jun 21, 1988

However, before an appellate court can disturb a quantum award, the record must clearly reveal that the trier of fact abused its discretion in making the award. … To establish a "satisfactory proof of loss" of an uninsured/underinsured motorist's claim, the insured must establish that the insurer received sufficient facts which fully apprise the insurer that (1) the owner or operator

Scarborough

District Court, W.D. Louisiana · Feb 23, 2026

Courts are also afforded the unusual power to pierce the veil of the factual allegations and dismiss those claims whose factual contentions are clearly baseless. B. … Neither private defense counsel nor court-appointed counsel qualify as state actors under § 1983. , 454 U.S. 312, 325 (1981) (public defender does not act under color of state law when performing a lawyer’s

State v. Taylor

2009 La.App. 1 Cir. 2060 · Louisiana Court of Appeal · May 7, 2010

We concluded that the document neither qualified as a public record nor as a business record. … Smith, 897 So.2d 710 (La.App. 1st Cir.2004), relied upon by the majority, are clearly distinguishable.

Thomas v. Sport City, Inc.

738 So. 2d 1153 · Louisiana Court of Appeal · Jun 16, 1999

The court qualified four experts in this case. … Pierce was qualified to testify about the design of the hack squat machine involved in this litigation.

State v. Patorno

822 So. 2d 141 · Louisiana Court of Appeal · Jun 21, 2002

The hammer clearly qualifies as a dangerous weapon. … The record clearly establishes that the defendant was a frequent drug user at the time of the offense.

Benjamin Hebert v. Cory J. Broussard

Louisiana Court of Appeal · Nov 10, 2004

The facts establish that the dog was at large and, considering all the surrounding circumstances, a “dangerous” or “vicious” dog as contemplated by La.R.S. 3:2773(D). … Frivolous Appeal The appellees answered the appeal, asserting that it is frivolous because it does not present a substantial legal question, as the statutory immunity granted under La.R.S. 3:2773(D) clearly applies

LOUISIANA SAFETY ASS'N v. Malone Lumber, Inc.

793 So. 2d 218 · Louisiana Court of Appeal · Jun 20, 2001

He claimed that Richard Denny, the representative who sold him the policy, had called LSAT to find out whether the chip mill operation qualified for code 4239 and that the code was used because another chip mill and saw mill … It is well settled that an appellate court may not set aside a trial court's findings of fact in the absence of manifest *222 error or unless such findings are clearly wrong.

Safeco Ins. Co. of America v. Chrysler Corp.

834 So. 2d 1026 · Louisiana Court of Appeal · Jul 31, 2002

Clearly, the factual basis for Mahl's testimony, that the fire did not originate in the van, was called into question. … of it as is true and qualify or deny the remainder. ....

Molasky v. Dayries

187 F. Supp. 241 · District Court, E.D. Louisiana · Jul 12, 1960

The standard is arbitrary, unreasonable, and in disregard of the criteria of obscenity as established in the courts. … Plaintiffs are clearly entitled to this much relief.

Price v. CORPUS ENGINEERING ASSOCIATES

515 So. 2d 589 · Louisiana Court of Appeal · Oct 14, 1987

Dennis Howard, a safety consultant called by appellants, qualified as an expert in safety management and industrial safety. … Clayton Callihan, retired professor of Chemical Engineering and now professor emeritus of Chemical Engineering at LSU, qualified as an expert in Chemical Engineering and also qualified as an expert in fires. Dr.

Maxwell v. Soileau

561 So. 2d 1378 · Louisiana Court of Appeal · May 9, 1990

Iacona, supra , we find that this verdict was clearly wrong. The evidence at trial established that when Mrs. Maxwell was admitted into the hospital she was an active, healthy woman. … The testimony at trial clearly established that Maxwell would be in need of future medical treatment and medication as well as full-time care. Dr. Charles Bettinger, an economist and statistician, testified Mrs.

Singletary v. Prudential Insurance Co. of America

105 F. Supp. 3d 627 · District Court, E.D. Louisiana · Apr 30, 2015

Singletary concedes that the Plan is subject to ERISA; indeed, she alleges that her husband was covered under the Plan as a qualified dependent. … Because the statute clearly limits anti-discrimination coverage to claimants who are service members or applicants, Mrs. Sin-gletary’s claim against UPS falls outside the USERRA’s scope of protection.

Sibley v. Dick

District Court, M.D. Louisiana · Mar 12, 2025

Hearst Trust, 500 F.3d 454, 461 (5th Cir. 2007) (“[I]t is clearly proper in deciding a 12(b)(6) motion to take judicial notice of matters of public record.”). … to establish jurisdiction.”