Case law

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.

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.

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.

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.

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.

Jordan v. Louisiana Gaming Control Board

98 La.App. 1 Cir. 0802 · Louisiana Court of Appeal · Apr 22, 1998

In 1996, it also promulgated LSA-R.S. 27:224(D) and (E) which clearly apply to the LGCB. Those provisions read as follows: D. … Clearly, the powers granted'to the executive branch of government under the two laws differ. This conflict is impossible to harmonize and reconcile.

Mortillaro v. State of Louisiana

356 F. Supp. 521 · District Court, E.D. Louisiana · Aug 10, 1972

Section 4-1504 of the Charter establishes prohibitions as to certain political activity; it virtually tracks the language of Article 14, Section 15 (N) (7) of the Louisiana Constitution. … What an employee may not do is clearly and unambiguously set forth. Gremillion v. Department of Highways, supra.

State v. Leonard

910 So. 2d 977 · Louisiana Court of Appeal · Jul 26, 2005

The Crawford court did not clearly provide an answer to that question. … First, the victim was clearly unavailable, since he was dead.

Perkins v. Entergy Corp.

782 So. 2d 606 · Supreme Court of Louisiana · Mar 23, 2001

We further agree that the trial court was clearly wrong in concluding that the plaintiffs established their cause-in-fact case by a preponderance of the evidence. … that the finding is clearly wrong or manifestly erroneous.

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

Doucet v. Baker Hughes Production Tools

626 So. 2d 948 · Louisiana Court of Appeal · Nov 17, 1993

Clearly, Doucet had a preexisting condition, spondylolisthesis, which was aggravated by his accident. … Gidman clearly stated that his medium duty work limitation was the result of the spondylolisthesis without regard to the aggravating injury.

United States v. Louisiana

196 F. Supp. 3d 612 · District Court, M.D. Louisiana · Jul 26, 2016

LA goes further, contending that the Complaint contains “no allegations against the State of Louisiana or that the State of Louisiana caused the deprivation of a clearly established constitutional right of the Plaintiff.” … and “(2) with ‘each’ qualifying transaction,” in accordance with *644 § 20506(a)(6).

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.

Public Records Request of Beckett v. Serpas

2012 La.App. 4 Cir. 1349 · Louisiana Court of Appeal · Mar 20, 2013

The right to privacy is not absolute; it is qualified by the rights of others, and it is also limited by society’s right to be informed about legitimate subjects of public interest. Id. … Clearly, a law enforcement officer has a reasonable expectation of privacy as to certain personal information, ie., home address, telephone number, social security number, medical information, etc.

Cont'l Cas. Co. v. Entergy Gulf States La., L.L.C.

243 So. 3d 581 · Louisiana Court of Appeal · Feb 27, 2018

The burden is on the adverse party to produce factual support sufficient to establish the existence of a genuine issue of material fact or that the mover is not entitled to judgment as a matter of law. La. Code Civ. … Thus, Entergy's argument that it is entitled to immunity since it called LA One-Call before excavating is without merit.

Opinion Number

Louisiana Attorney General Reports · Oct 26, 2000

R.S. 33:713 is a provision of the Commission-City Manager Plan for municipalities established by R.S. 33:611 — 851. … Clearly, the hiring of Mr. Nielsen by the mayor for an election contest suit was for a private purpose.

Opinion Number

Louisiana Attorney General Reports · Sep 24, 1996

fund to satisfy its obligations upon the establishment of the fund . . . . § 1196. … While GSI-Funds do not constitute insurance or insurance companies, they are clearly subject to regulation by the Commissioner.

Mills

District Court, W.D. Louisiana · Nov 7, 2025

Judicial immunity “can be overcome in two sets of circumstances: (1) ‘a judge is not immune from liability for nonjudicial actions, i.e., actions not taken in the judge’s judicial capacity’; and (2) ‘a judge is not immune … Plaintiffs’ allegations are not sufficient to overcome Judge Caldwell’s judicial immunity, as Plaintiffs’ allegations are clearly related to actions taken by Judge Caldwell in his judicial capacity.

In Re Monrose

187 La. 739 · Supreme Court of Louisiana · May 24, 1937

As it is established that Thomas M. … Thus, in our ancient jurisprudence the distinction between the legal administration of a father and tutorship was well established.

Roberts v. Day

District Court, E.D. Louisiana · Jun 5, 2025

To succeed on an individual- capacity § 1983 claim, a plaintiff must establish that the defendant, while acting under color of state law, was personally involved in the deprivation of a right secured by the laws or constitution … Even assuming that Nurse Jessica could have exercised a different treatment plan or erred in her professional judgment, allegations of negligence or even malpractice are insufficient to establish deliberate indifference