Case law

Davis Ex Rel. Davis v. East Baton Rouge Parish School Board

398 F. Supp. 1013 · District Court, M.D. Louisiana · Aug 21, 1975

The mere suggestion of this is preposterous and any such order would be clearly illegal. Section 214 of the Act establishes a priority of remedies, if indeed remedies were found necessary. … There is good reason for this as the present case clearly shows. The transition has been completed. There are no longer any plaintiffs in this suit.

Opinion Number

Louisiana Attorney General Reports · Jan 27, 1999

As further pointed out in our conversation we have found under the "Louisiana Health Insurance Association Act" that the association shall establish reasonable reimbursement amounts for the listed services which includes … "transportation provided by a licensed ambulance service to the nearest facility qualified to treat the condition."

Gentry v. Biddle

916 So. 2d 347 · Louisiana Court of Appeal · Nov 2, 2005

It is well established that the PCF cannot contest liability once a qualified healthcare provider has tendered payment of $100,000.00. La.R.S. 40:1299.44(C)(5); Graham v. … Her abdomen is clearly deformed as a result of the numerous surgeries and treatments.

State v. Foy

278 So. 2d 38 · Supreme Court of Louisiana · May 7, 1973

Appellant further argues that the use of records of the Registrar of Voters restricts the representation of qualified Negroes. He cites Alexander v. … In Alexander , appellant established a prima facie case of discrimination by showing a "systematic", "progressive decimation" of Negroes through several steps in this selection process, plus clearly visible racial identification

Succession of McLean

651 So. 2d 920 · Louisiana Court of Appeal · Mar 1, 1995

In October 1989, Obering qualified as the trustee of the McLean Trust and thereafter appeared in the cases cited above. … Such fees, in reasonable amounts, are clearly legitimate succession debts.

Lees v. Smith

363 So. 2d 974 · Louisiana Court of Appeal · Oct 16, 1978

Actions of this kind are disfavored, and a clear case must be established. Johnson v. Pearce, supra ; Sandoz v. Veazie, 106 La. 202 , 30 So. 767 (1901). … The Court, in Levy , held that although the petitioner's itemization of damages failed to clearly include an allegation of bodily injury, the insurer has the obligation to furnish a defense unless the petition unambiguously

State v. St. Charles Airline Lands, Inc.

871 So. 2d 674 · Louisiana Court of Appeal · Apr 27, 2004

Ragas was qualified in the 404 permit application process for needs assessment. Public need for the proposed activity is a fundamental element required to obtain a permit. … Charles Parish, qualified them to testify about alternative sites in the area, which is the second vital element required before a permit will be issued.

Dantzler v. Jorden

District Court, M.D. Louisiana · Jun 17, 2025

Welborn Has Not Established that He is Entitled to Immunity In his Motion to Dismiss, Welborn also argues that he, too, has immunity for Plaintiff’s claims. … However, a clerk “enjoys only qualified immunity for those routine duties not explicitly commanded by a court decree or by the judge’s instructions.” Id. (citing Williams v.

White v. Progressive Security Ins. Co.

8 La.App. 3 Cir. 926 · Louisiana Court of Appeal · Feb 4, 2009

Fair-cloth, a chiropractor, was not qualified to read or interpret an MRI film or to make conclusions regarding its relation to a particular accident. We disagree. In Rowe v. State Farm Mutual Automotive Insurance. … Progressive argues that the evidence established that White sustained a six month *865 injury as opposed to an injury lasting more than two years.

Livingston Downs Racing Ass'n v. State

705 So. 2d 149 · Supreme Court of Louisiana · Jan 7, 1998

The evidence in this case shows that the main thrust behind the establishment of offtrack wagering was a way to increase the economy of the racing industry. … .. (7) Creating private corporations, or amending, renewing, extending, or explaining the characters thereof; granting to any private corporation, association, or individual any special or exclusive right, privilege, or immunity

Walker v. Hebert

13 La.App. 3 Cir. 495 · Louisiana Court of Appeal · Dec 10, 2014

Be that as it may, if we accept Essentia’s “admissions of fact” these facts do not establish that coverage was not in effect on September 22, 2009, when the accident injuring Plaintiff Walker occurred. … The only evidence of record introduced at the motion for summary judgment concerning Hebert’s use of his classic car as his hobby was his deposition testimony which establishes that his classic car did not qualify for the

State Farm Fire & Cas. Co. v. Torregano

769 So. 2d 754 · Louisiana Court of Appeal · Sep 26, 2000

Since the file in question is a business record and it was verified by a qualified witness, the trial court did not err in allowing it to be admitted into evidence under the business records exception to the hearsay rule. … It is well established that attorney's fees are not recoverable in a civil action in the absence of a statute or contract. [17] No such statute or contractual agreement is applicable in this case.

State v. Nicholas

359 So. 2d 965 · Supreme Court of Louisiana · Jun 19, 1978

. *968 At the multiple offender sentencing hearing of defendant Ulyses Smith, Officer Bono, assigned to the Record Center, Identification Section of the New Orleans Police Department, was qualified as an expert in fingerprint … Tillman, 356 So.2d 1376 (La. 1978), documents brought into court by a police officer assigned to the record room were held to be not properly authenticated, since they were uncertified and because it was not established by

Labruzzo v. Employers Ins. of Wausau

521 So. 2d 515 · Louisiana Court of Appeal · Feb 10, 1988

Under the borrowed servant theory, Chicago contends that JSIL is immune from tort liability to Labruzzo because JSIL had borrowed Labruzzo from BBI. … It expressly provides that the payment or award of compensation shall not affect the claim or right of action of the employee against third persons, nor be regarded as establishing a measure of damages for the claim.

Estate of Williams v. LOUISIANA OFFICE OF RISK MGT.

93 La.App. 3 Cir. 795 · Louisiana Court of Appeal · Mar 2, 1994

Williams' death, the statute provided health benefits to qualifying dependants' [sic] for injury causing death within two years after the accident'. … Clearly, under the legislative scheme Risk Management was exposed to liability for Mr. Williams's death if it could be proven that the work-related accident was the cause of that death.

Cormier v. Pitre

182 So. 2d 340 · Louisiana Court of Appeal · Jan 18, 1966

It appearing that the Great American Bonding Company, the surety on the bonds furnished by the plaintiff and filed in the clerk’s office, is an insurance and bonding company qualified and authorized to do business in this … The requirement in LSA-R.S. 9:4812 that the lien be reinscribed within one year intervals clearly is for the purpose of preserving the privilege on the property and providing notice to third parties dealing with that property

McGowan v. Housing Authority of New Orleans

2012 La.App. 4 Cir. 1418 · Louisiana Court of Appeal · Mar 27, 2013

HANO was established to receive federal funding to develop low income housing for New Orleans area residents. It was established in conformity with the United States Housing Act of 1937, 42 U.S.C. § 1437 , etseq. … personnel with under-qualified and inexperienced personnel.

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.

State v. Booker

839 So. 2d 455 · Louisiana Court of Appeal · Feb 14, 2003

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 … The evidence clearly established that Chantell was severely abused and neglected throughout her life. The four-year-old child was bound, beaten, and deprived of food.

Faulk v. Shinseki

216 F. Supp. 3d 752 · District Court, W.D. Louisiana · Oct 25, 2016

First, Plaintiff must establish a prima facie case of discrimination, “which requires a showing that the plaintiff (1) is a member of a protected group; (2) was qualified for the position at issue; (3) was discharged or suffered … “To establish a prima facie case of retaliation, the plaintiff must establish that: (1) he participated in an activity protected by Title VII; (2) his employer took an adverse employment action against him; and (3) a causal