Case law

Four States Realty Co., Inc. v. City of Baton Rouge

309 So. 2d 659 · Supreme Court of Louisiana · Mar 17, 1975

Clearly the acute parking problem has been one of long standing. … The record clearly establishes that only the subject property has received special treatment in the city zoning regulations.

Darcy Driver, Deann Driver & Danielle Driver-Roussel, Individually and On Behalf of Their Parents, Albert Driver, Jr. and Kathie Driver v. Willis Knighton Pierremont Health Center

Louisiana Court of Appeal · Feb 26, 2025

that the fact finder is clearly wrong or manifestly erroneous. … We find that the jury’s verdict is clearly wrong, manifestly erroneous, and must be reversed. The record reflects testimony that established the standard of care owed by the defendants to Mr. Driver.

Fruge v. Trahan

194 So. 2d 478 · Louisiana Court of Appeal · Jan 11, 1967

If Fruge actually slipped and fell, as indicated *484 by some of the testimony, then that clearly would have been the proximate cause of the accident and no negligence on the part of the truck driver could be inferred from … Since plaintiff has failed to establish negligence on the part of the defendants, the trial judge correctly rejected his demands.

Hall v. Manning

District Court, W.D. Louisiana · Oct 8, 2021

contentions are clearly baseless. Id. … Under Louisiana law, an entity must qualify as a 6 See Bailey, 647 Fed.

McHugh, III v. St. Tammany Parish

District Court, E.D. Louisiana · Aug 9, 2024

“Furthermore,” the panel continued, “the action did not purport to establish a general policy; it was particular to [the clerk].” Id. … The panel held that only the fourth set of activities qualified as “legislative.” See id. at 273–74.

Red River Parish Port Commission v. Headwaters Resources Inc.

698 F. Supp. 2d 684 · District Court, W.D. Louisiana · Mar 19, 2010

The $10,000 is clearly the result of the application of the previously established wharfage rate for fly ash, $0.20 per ton, to the 50,000 ton minimum cargo requirement. 30 The language also establishes the annual time frame … The agreement between Headwaters and the Port Commission establishing an obligation for Headwaters to build the barge loading facility qualifies as an agreement for a "public work” under the Public Bid Law. See La.

Minor Children v. Roman Catholic Church of the Archdiocese of New Orleans

Louisiana Court of Appeal · Aug 20, 2024

The trial court erred in ordering the “harsh, drastic remedy” of preliminary injunctive relief because the Plaintiff failed to establish a clear violation of either La. … First, it is plain to us that, based on our previous discussion, the Archdiocese qualifies as a place of public accommodation by virtue of the state funding it receives. Next, La.

Ritter v. U-Park System of Louisiana, Inc.

98 La.App. 4 Cir. 1699 · Louisiana Court of Appeal · Sep 1, 1999

The defendant relies upon the | ¡immunity clause in La. … The contract clearly informs the owner of the vehicle that | ¿this is a mere lease and not a deposit or “bailment” which would impose further responsibilities on the owner of the parking lot.

Rouse v. Ard

District Court, M.D. Louisiana · Jan 8, 2020

Lastly, Sheriff Ard is entitled to qualified immunity. … Dist., 891 F.3d 214, 220 (5th Cir. 2018) (qualified immunity protects officials from actions for money damages unless the official violates a clearly established right).

Shaw v. Texas & Pacific Railway Co.

170 So. 2d 874 · Louisiana Court of Appeal · Jan 11, 1965

Clearly this was a dangerous and hazardous condition which could have been remedied easily by installing a floor and walls or hand rails between the cars. … Apparently defendant’s objection is that Reuther was not qualified as an expert on “work trains”. It is not shown wherein that fact would make a difference.

Vicksburg, Shreveport & Pacific Railroad v. Scott

52 La. Ann. 512 · Supreme Court of Louisiana · Jan 15, 1900

Pardee, Judge, the said order placing the receivers in possession of all the property, effects or rights of said company, including any and all franchises, rights, immunities, donations, subsidies, etc.; that said receivers … qualified and took possession of all of said property, and that they and their successors have since proceeded with the collection of said subsidies and taxes now in contest, as well as all others; that on October 23rd,

Bennett v. Department of Highways

141 So. 2d 669 · Louisiana Court of Appeal · May 21, 1962

This the Department was able to establish in both the Dickson and Burton cases. The facts in those cases, however, are different from the facts presented here. … The evidence clearly indicates that the Department intended to abolish Bennett’s job as being no longer necessary to the efficient operation of the Department.

State v. Smith

97 La.App. 4 Cir. 1546 · Louisiana Court of Appeal · Jun 9, 1999

It is in this regard that this case is clearly distinguishable from Miller. Mr. … Thus there was ample evidence to establish that Mr.

Banks v. LeBlanc

District Court, M.D. Louisiana · Aug 27, 2019

deliberate indifference, the Court need not fully examine the qualified immunity defense. 41 R. … To establish a prima facie case of discrimination under the ADA, a plaintiff must demonstrate: (1) that he has a qualifying disability; (2) that he is being excluded from 89 The medical records in this matter show consistent

Raymond A. Crawford and Alice Crawford v. William Karl Ordoyne, Jr., M.D. and Lallie Kemp Regional Medical Center, through the State of Louisiana, LSU Health Care Service Division

Louisiana Court of Appeal · Mar 20, 2025

LeBlanc opined that " the imaging studies, particularly the CT scans referenced above, clearly show that all tacks used by Dr. … Bonner' s affidavit clearly states that his opinions were formulated after reviewing the medical records presented to him, which include the CT reports at issue, Dr.

McGurk v. City of Shreveport

191 So. 553 · Louisiana Court of Appeal · Jun 28, 1939

“Plaintiff does not know when, by whom, or under whose authority, nor upon whose property, the sidewalk was laid; and, further, defendant Compere and the officials of the City of Shreveport are or should be better qualified … These authorities are clearly inapplicable.

State v. Corey

339 So. 2d 804 · Supreme Court of Louisiana · Nov 8, 1976

This clearly distinguishes Hodgeson from Launey and the instant case. … Unquestionably, certain exceptions to the hearsay rule are clearly desirable.

Burnett v. Lewis

2002 La.App. 4 Cir. 0020 · Louisiana Court of Appeal · Jul 9, 2003

that the finding is clearly wrong (manifestly erroneous). … The trial court erred in giving credence to the testimony of experts who otherwise would not have qualified under the criteria established in the principles of Daubert v.

State, in Interest of Dj

2006 La.App. 4 Cir. 1491 · Louisiana Court of Appeal · May 16, 2007

the factfinder is clearly wrong or manifestly erroneous". … In order to protect his right to confidentiality and privacy, he will be identified solely by his initials. [2] Qualified Mental Retardation Professional. [3] Dr.

Parish v. National Collegiate Athletic Association

361 F. Supp. 1220 · District Court, W.D. Louisiana · Jul 31, 1973

Rights, privileges and immunities not derived from the federal Constitution or secured thereby are left exclusively to the protection of the states.’ … To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.