Case law

Opinion Number

Louisiana Attorney General Reports · Jun 23, 1995

To the contrary, the Slatten Memorandum of December 14, 1994, clearly links payment to past performance. … No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law."

Babcock v. New Orleans Baptist Theological Seminary

554 So. 2d 90 · Louisiana Court of Appeal · Nov 16, 1989

If the case does not warrant further action the continuity report will clearly state that no disciplinary action was taken. The student has the right to read the continuity report in its entirety. d. … Clearly, the Seminary was trying to dismiss Babcock from the school, not from the ministry, for it has no power to do the latter.

State v. Mills

2013 La.App. 1 Cir. 0573 · Louisiana Court of Appeal · Aug 27, 2014

The jury clearly rejected the defendant’s testimony, which was the only evidence that could have possibly supported his claimed defense of justification. … Here, the evidence established that instead of submitting and reporting to the authorities, the defendant fled.

Rapp v. City of New Orleans

750 So. 2d 1130 · Louisiana Court of Appeal · Dec 29, 1999

He testified that he is qualified to work in this capacity, but the position does not pay 90% of his pre-injury wages. Mr. … Thus, the Claimants did not adequately establish a foundation for the award of attorney fees.

State v. Young

552 So. 2d 669 · Louisiana Court of Appeal · Nov 1, 1989

The response to the motion for discovery clearly stated, "THE STATE WILL USE ALL MATTERS HEREIN DISCLOSED" and included copies of the certified lab reports as attachments. … We do not believe that tendering a lab report to a witness to enable him to refresh his memory qualifies as a leading question.

Larpenter v. Vera

District Court, E.D. Louisiana · Mar 19, 2025

This Court granted the motions, finding as to Kevin Larpenter’s claims that Vera was entitled to federal qualified immunity and state discretionary immunity. … On appeal, the Fifth Circuit Court of Appeals reversed on both federal and state qualified immunity findings.

Laforge v. Laforge

649 So. 2d 151 · Louisiana Court of Appeal · Jan 25, 1995

CHILD SUPPORT The child support guidelines are set forth in LSA-R.S. 9:315, et seq., and are to be used in any proceeding to establish or modify child support. … Each is qualified as a co-driver of the truck owned by both. The *154 couple drives for the company of Vernon Sawyer and the checks are written in the name of Mr. LaForge only. Mrs.

State ex rel. Gallagher v. State

462 So. 2d 1221 · Supreme Court of Louisiana · Jan 14, 1985

It is clearly not the type of maintenance and upkeep work which is excluded from La. R.S. 15:571.10(A). … This plumbing work cannot be construed as a public works project and therefore it does not qualify for mandatory credit under La.R.S. 15:571.10(A).

Jannie B. Smith v. Cajun Cultures Unlimited, LLC

Louisiana Court of Appeal · Jan 10, 2024

Instead, Cajun Cultures’ contract with the CCAA only required: 1) performance of the pre-inspection of the home to see if it qualified for the weatherization program; 2) production of an itemized list of what work needed … Smith argued that her deposition and Gipson’s affidavit do not clearly establish that there is no genuine issue of material fact or that defendants are entitled to judgment as a matter of law. Due to Mrs.

Reider v. State Ex Rel. La. Bd. of Trustees

897 So. 2d 893 · Louisiana Court of Appeal · Mar 9, 2005

that the finding is clearly wrong (manifestly erroneous). .... ... … Article 702 of the Louisiana Code of Evidence states: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

State v. Guidry

449 So. 2d 41 · Louisiana Court of Appeal · Feb 28, 1984

confessions; (2) The trial court erred when it refused to appoint a sanity commission and commenced with jury selection; (3) The trial court erred in accepting a psychiatrist as an expert when said psychiatrist was not qualified … Bloom, clearly established the defendant's competence. Although Dr. Ritter testified in opposition to Dr. Bloom, the presence of conflicting testimony does not persuade us that the court's determination was erroneous.

Thomas v. Fontenot

District Court, W.D. Louisiana · Aug 14, 2024

Thomas filed a variety of responses to the motion, exceeding the briefing guidelines established in the Court’s Notice of Motion Setting. (Rec. Doc. 9). … Such allegations clearly identify matters within the “normal judicial function” of a state district court judge.

Beene v. Pardue

79 So. 2d 356 · Louisiana Court of Appeal · Mar 22, 1955

To constitute a boundary, it must be clearly understood to be so. … The result clearly has been to overburden the Supreme Court with appeals in matters which should properly be brought before the Courts of Appeal.

State v. Phillips

806 So. 2d 964 · Louisiana Court of Appeal · Jan 23, 2002

The state may establish the possession element of the offense by proving actual or constructive possession of the weapon. State v. Day, 410 So.2d 741 (La. 1982). … Both of these offenses qualify as enumerated felonies under La. R.S. 14:95.1. [4] With Brian's testimony showing how Phillips came into possession of the gun, we distinguish the case from the facts of both State v.

Nigreville v. Federated Rural Elec. Ins. Co.

93 La.App. 3 Cir. 1202 · Louisiana Court of Appeal · Jul 13, 1994

It was established at trial that he could not see the power line from where he stood when he launched the chain. … We cannot say that the award of $250,000.00 to each child was clearly abusive in light of the evidence before us.

Johnson v. Wetherspoon

694 So. 2d 203 · Supreme Court of Louisiana · May 20, 1997

recipients, the plan would clearly bear a greater financial burden than the law contemplates that it should. … Under the TRSLA plan, plaintiff—a former spouse—is clearly not entitled to receive any portion of the survivors benefits.

Wright Root Beer Co. of Baton Rouge, Inc. v. Fowler Products Co.

196 So. 2d 615 · Louisiana Court of Appeal · Mar 13, 1967

The jurisprudence is well settled that one entitled to recovery must make and establish his claim to a legal certainty. … Plaintiff is clearly responsible for the sterilization of its machine prior to putting it in service of bottling drinks for human consumption.

Associated General Contractors of America v. Police Jury of Pointe Coupee Parish

225 So. 2d 300 · Louisiana Court of Appeal · Jul 2, 1969

Here the amendment merely changes the previously established advertisement time. Such an alteration was within the indicated scope of the act’s title. … In substance the Department argues it is immune from injunction in the premises inasmuch as the cited statutes authorize it to perform the work in question using its own maintenance forces and without advertisement.

Montgomery v. State Farm Fire & Casualty Co.

12 La.App. 3 Cir. 320 · Louisiana Court of Appeal · Nov 14, 2012

Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong.... … Mallett was not qualified “to render any scientific opinion as to causation” and that Plaintiffs had not sought to qualify him as an expert witness. It further complains that Mr.

West v. Kerr-McGee Corp.

586 F. Supp. 493 · District Court, E.D. Louisiana · Apr 27, 1984

The minority-interest owners contend that, like Kerr-McGee, they too are immune from tort liability under § 905(a). … ” 7 *499 Clearly, the answer must be “yes.”