Case law

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.

Commodore v. City of New Orleans

275 So. 3d 457 · Louisiana Court of Appeal · Jun 20, 2019

Plaintiffs, however, claim there is no ambiguity in the last sentence of the provision and that it clearly states that the City Council "shall adopt" the ordinance ratifying the May 24, 2018 decision to grant conditional … Accordingly, neither the state nor its political subdivisions is immune from court costs unless such immunity is statutorily provided. Jefferson Par. Hosp. Dist. No. 1 v.

Day v. Baton Rouge City Police

District Court, M.D. Louisiana · Nov 30, 2020

immunity doctrine” because the “undisputed facts demonstrate the any BRPD officers involved in [P]laintiff’s arrest are entitled to qualified immunity.” … “A municipality is not entitled to qualified immunity.” Estate of Sorrells v. City of Dallas, 192 F.R.D. 203 (N.D. Tex. Feb. 25, 2000) (citations omitted); see also Pearson v.

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 ...

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

Ducorbier v. Board of Supervisors of Louisiana State University

386 F. Supp. 202 · District Court, E.D. Louisiana · Nov 19, 1974

The records and affidavits clearly establish that if plaintiff was under the impression that she had tenure in view of the year-to-year renewals of her contract in writing, the explicit provisions on tenure in the University … The evidence establishes no express contract guaranteeing her reemployment.

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.

Stokes v. Bonin

366 F. Supp. 485 · District Court, E.D. Louisiana · Sep 1, 1973

Quite the contrary, it is not a prerequisite to receive food stamps that a household be on public assistance; so that a finding that a household is ineligible for public assistance would not determine whether 'it should qualify … for food stamps because its income falls below the máximums established pursuant to the Act. 5 .

Miller v. Hooper

District Court, E.D. Louisiana · Nov 13, 2023

This standard requires the Court to decide whether the state court’s Brady or Napue determination resulted in a decision that is contrary to, or involved an unreasonable application of, clearly established … writ;” rather, relief under § 2254(d)(1) “remains available, but is reserved for cases where a state adjudication ‘resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established

In Re Beychok

495 So. 2d 1278 · Supreme Court of Louisiana · Oct 20, 1986

The purpose and policy of this code is the implementation of enumerated ethical objectives designed to protect the integrity of state government and to facilitate recruitment and retention of qualified personnel by prescribing … Clearly, this attempt to rewrite 1123 does harm to the legislative scheme of the Code of Governmental Ethics. This decision would effectively scrap the "exceptions" section of the Code.

Mobile-One Auto Sound, Inc. v. Whitney National Bank

2011 La.App. 4 Cir. 0535 · Louisiana Court of Appeal · Nov 9, 2011

Mobile One argues that there is no qualifying term in the agreement giving Whitney any |7more rights than those listed, and that before any remedy can be pursued by Whitney, it must make a formal declaration of default, which … Mobile One maintains that the establishment and operation of its ZBA account at Wachovia Bank is separate and apart from the credit agreements.

Duhon v. Board of Supervisors for Louisiana State University and Agricultural and Mechanical College

District Court, E.D. Louisiana · Aug 20, 2021

Hammond are immune from suit under Louisiana Revised Statutes § 37:1287, which provides: D. … Establishing whether a conditional privilege exists is a two-step process.

Tyler v. Rapid Cash, LLC

930 So. 2d 1135 · Louisiana Court of Appeal · May 17, 2006

Hampton estimated that he enters into between five and ten similar transactions per month with potential Rapid Cash customers who do not qualify for loans from Rapid Cash. … The trial court was also clearly wrong in rejecting Tyler's unfair trade practices demand. The UTPCPL, La.

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

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

Boudreaux v. Mid-Continent Cas. Co.

950 So. 2d 839 · Louisiana Court of Appeal · Nov 3, 2006

However, he also qualified that statement by noting, "Trying to translate my lone opinion into the standard of care is not a valid proposition." … Given that her own medical expert stated clearly, "I do not believe Dr.

Linton v. Bossier City Mun. Fire & Pol. Bd.

428 So. 2d 515 · Louisiana Court of Appeal · Feb 22, 1983

Linton pointed his gun at the guest and cocked it, although this particular fact was not clearly established. Mr. Linton testified that he was angry at the man for "trying to make advances toward" his fiancee. Mr. … A judicial rule prohibiting such review would clearly frustrate the intent of LSA-R.S. 33:2500(A)(15).

Davidson v. Broadhead

94 La.App. 3 Cir. 97 · Louisiana Court of Appeal · Nov 2, 1994

Davidson supported its motion with seven affidavits establishing diversity. … Jack Keith was qualified as an expert in the handling insurance claims. He said that he had never seen a case where onejgon a contingency fee basis.

Lucas v. St. Frances Cabrini Hosp.

562 So. 2d 999 · Louisiana Court of Appeal · May 23, 1990

PLAINTIFF DAMAGES AS FOLLOWS: $ 300,000" *1002 Defendant appealed and the Louisiana Patients' Compensation Fund intervened in the appeal since they are legally obligated to pay part of plaintiff's recovery since defendant is a qualified … From this evidence, we cannot say that the jury was clearly wrong in finding that Nurse Roberts breached her duty of care.

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.