Case law

Doctor's Hospital of Jefferson, Inc. v. Southeast Medical Alliance, Inc.

889 F. Supp. 879 · District Court, E.D. Louisiana · Apr 19, 1995

This contention arises from a facsimile memorandum which Doctor’s Hospital alleges clearly establishes price-fixing between SMA and East Jefferson. The memorandum, dated October 28, 1992, is from Barbara B. … Notwithstanding that this last statement does not qualify as antitrust injury, Green v. The State Bar of Texas, supra, Dr.

Joe Bonura, Inc. v. Hiern

419 So. 2d 25 · Louisiana Court of Appeal · Jul 30, 1982

The bills from Bonura, Inc., which were paid by the defendant, clearly indicated the plaintiff's "10% overhead" and "15% profit." … Fritscher was obviously qualified as an expert in the field of construction.

Chrisham v. Blum

383 So. 2d 458 · Louisiana Court of Appeal · Apr 15, 1980

Bazley involved an interpretation of executive officer immunity from non-intentional acts, as set forth by Act 147 of 1976. … equipment shall either be identified as unsafe by tagging or locking the controls to render them inoperable or shall be physically removed from its place of operation. (4) The employer shall permit only those employees qualified

Smith v. Stewart

21 La. Ann. 67 · Supreme Court of Louisiana · Feb 15, 1869

In all other cases they apply sub modo, and in'a limited and qualified sense. In the case of sovereign powers engaged in war they recognize each other as sovereigns. … It is clearly established that when the torch was about to be applied to his cotton, he protested against the act and earnestly requested time to remove it out of the way of the enemy, stating that he expected a boat in a

Neil E. Havlik v. Rod Myers et al

District Court, W.D. Louisiana · Feb 9, 2026

The United States argues that the BOP’s employees’ manner of transporting and restraining inmates and where they are to be placed within the SHU are clearly discretionary and are therefore precluded under the … Thus, he contends that it clearly falls outside the DFE because the officers’ negligence cannot be said to be based on policy considerations.

Stewart Title Guaranty Co. v. Kiefer

984 F. Supp. 988 · District Court, E.D. Louisiana · Oct 8, 1997

Thus, it has failed to establish that it is entitled to judgment as a matter of law based on § I(B)(14). B. … This would require rewriting the policy and is clearly contrary to the parties’ intent as manifested by use of the term “the insured” in light of § VII(G). 7 In light of the jurisprudence on this issue, “any employee” must

Fontenot v. Travelers Indemnity Company

134 So. 2d 330 · Louisiana Court of Appeal · Nov 6, 1961

The evidence establishes that Mrs. … Her negligence in that respect clearly was a proximate and contributing cause of the accident.

Guity v. Lawson Environmental Services & Response Co.

22 F. Supp. 3d 631 · District Court, E.D. Louisiana · May 21, 2014

Company’s other contractors(s) (or its subcontractors or Group, as applicable) or any other Person. 14.04.02 Contractor agrees that it will support its mutual indemnity obligations in this Section 14.04 with insurance or qualified … Here, the language of the identical cross indemnity provisions is not ambiguous, and it clearly demonstrates the parties’ contemplation that Lawson would indemnify USES for any injuries sustained by Lawson’s employees.

Bruce v. A C A Residential L L C

District Court, W.D. Louisiana · Mar 10, 2025

To sustain such a claim, Plaintiff would need to allege that Defendants qualify as a “public entity” within the meaning of the ADA.19 He failed to do so. … Section 1983 “establishes a cause of action against anyone who ‘under color of any statute, ordinance, regulation, custom, or usage, of any State ...

Wheeler v. STATE, DEPT. OF PUB. SAFETY, ETC.

377 So. 2d 539 · Louisiana Court of Appeal · Nov 12, 1979

Inasmuch as this was not plaintiff's first revocation or suspension, he does not qualify for restricted driving privileges under the statute. … The legislative history of the amended and re-enacted La.R.S. 32:1479 clearly shows its purpose was specifically to overrule Smith.

Walmsley v. Pan American Petroleum Corporation

244 La. 513 · Supreme Court of Louisiana · Apr 29, 1963

Walmsley, the duly appointed, qualified and acting Receiver of Gulf & Bayou Cook Oyster Company, Ltd., a Louisiana corporation, in Receivership; Rudolph J. Schultz, Jr., Clyde W. Thurmon, James M. … The allegations of plaintiffs’ ownership is only collateral to the main demand which is to remove a cloud on plaintiffs’ record title and plaintiffs’ record title, if established, will entitle them to have this cloud removed

State v. Baker

796 So. 2d 145 · Louisiana Court of Appeal · Sep 26, 2001

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 … Once defendants establish a prima facie case, the burden then shifts to *153 the state to come forward with a race-neutral explanation.

Cole v. Joshua

575 So. 2d 859 · Louisiana Court of Appeal · Feb 27, 1991

Under these circumstances, we cannot say the trial court was clearly wrong in finding that any obligation Joshua verbally undertook toward Graham and NPC was primary rather than collateral or secondary. … The evidence referred to by the trial court as corroborating is contradicted in part by Cole’s own testimony and is simply too vague to qualify as the “bare preponderance of the evidence,” as the trial court said, that Cole

Academy Mortg. Co., LLP v. Lamy

673 So. 2d 1209 · Louisiana Court of Appeal · Apr 24, 1996

Johnson applied for a car loan in early September, 1993, but was told she did not qualify. She informed Mr. … Such a finding may not be reversed by this court unless it is clearly wrong or manifestly erroneous. Lewis v. State, through DOTD, 94-2370, p. 4 (La. 4/21/95), 654 So.2d 311, 314 .

Jones v. Hawkins

708 So. 2d 749 · Louisiana Court of Appeal · Apr 9, 1998

The plaintiffs amended their petition to allege that R.S. 9:2800 is unconstitutional, as it conflicted with the waiver of sovereign immunity of La. Const. Art. 12, § 10(A). … However, he did not establish that the experience caused him "severe, debilitating, and foreseeable" emotional distress. La. C.C. art. 2315.6.

Caldwell ex rel. State v. Janssen Pharmaceutical, Inc.

11 La.App. 3 Cir. 1184 · Louisiana Court of Appeal · Aug 31, 2012

Evidence Insufficient to Establish MA-PIL In its first assignment of error, Janssen asserts that the trial court erred when it entered judgment against them because the trial record is insufficient to establish a MAPIL violation … I’m going to tell you, novel, if this case qualifies as nothing else, it is novel....

Craft v. Ports Am. Gulfport, Inc.

273 So. 3d 517 · Louisiana Court of Appeal · May 8, 2019

Moreover, before a Court of Appeal can disturb an award made by a [factfinder,] the record must clearly reveal that the trier of fact abused its discretion in making its award. … In Louisiana, it is a well-established rule that, "[b]efore a Court of Appeal can disturb an award made by a [fact finder], the record must clearly reveal that the trier of fact abused its discretion in making its award.

Woulfe v. Morrison

212 La. 1032 · Supreme Court of Louisiana · Dec 15, 1947

Under Section 4 of this act the City of New Orleans is empowered— when authorized by a vote of a majority in number and amount of the property taxpayers qualified to vote at an election held after due notice has been published … Clearly, therefore, the contention of the plaintiffs that this election was unauthorized is without merit.

Maxwell v. Maxwell

217 So. 3d 1227 · Louisiana Court of Appeal · Apr 5, 2017

Maxwell had poor credit and Rcould not qualify for any type of mortgage. He explained that he purchased properties on his line of credit in his name and then refinanced them and added Mrs. … He states that the use of the OIB Line was clearly for the common interest of the spouses and was, therefore, a community obligation. Mrs.

Federal Savings & Loan Insurance v. Derbes

731 F. Supp. 755 · District Court, E.D. Louisiana · Jan 12, 1990

establish an upper limit of value for the subject. … Oetzel is a former president of the Institute and was qualified as an expert in real estate appraisal reviews.