Case law

Jones v. State Board of Education

219 La. 630 · Supreme Court of Louisiana · May 28, 1951

He alleges himself to be a duly qualified elector and tax payer, residing in the City of Ruston, Louisiana, and that as such he is entitled to have the functions of the State Government carried out according to, and within … the Legislature unconstitutional unless it is shown that it clearly violates the terms of the articles of the Constitution.

State v. Pearson

939 So. 2d 568 · Louisiana Court of Appeal · Sep 8, 2006

Though we find no manifest error in the trial court's conclusion that Pearson intended to be domiciled at the Parkwood Street residence, we hold that the trial court clearly erred in concluding that Pearson actually resided … CONCLUSION For the reasons set forth above, we hereby reverse the trial court's decision and hold that Ricky Don Pearson is not qualified to seek the Office of Chief of Police of the Town of Arcadia.

Babineaux v. Pernie-Bailey Drilling Co.

250 So. 2d 224 · Louisiana Court of Appeal · Mar 15, 1971

The three remaining children are not properly represented in this action since no one has qualified to represent them.” Mr. … The record clearly discloses that the exception was not filed until after the answer had been filed. Under the holding in Davis v.

Allen v. Burrow

505 So. 2d 880 · Louisiana Court of Appeal · Apr 1, 1987

and (2) Did the trial court err in excluding the hearsay testimony of an unidentified bystander as it qualifies as a "present sense impression" and an "excited utterance?" … The disadvantaged class includes those legal heirs not within the degree of relationship established by the statute.

State v. Miller

940 So. 2d 864 · Louisiana Court of Appeal · Sep 27, 2006

The medical evidence adduced at trial clearly demonstrated that the victim died due to non-accidental trauma to her brain. Dr. … records librarian of the hospital in question" would be the ones who could certify any records so as to qualify them for admission in evidence.

State v. Darby

403 So. 2d 44 · Supreme Court of Louisiana · Jun 22, 1981

LSA-R.S. 15:463. [3] He was not qualified as an expert. No showing was made that the witness had special training or experience in the use of marijuana. LSA-R.S. 15:464. [4] The state's objection was properly sustained. … ASSIGNMENT OF ERROR NUMBER FIVE Defendant contends that two state exhibits were admitted into evidence without a proper chain of custody being established. There was no objection to the exhibits at trial.

Louisiana Pub. Facilities Auth. v. Foster

795 So. 2d 288 · Supreme Court of Louisiana · Sep 18, 2001

The Governor's acceptance established the state as the beneficiary of the LPFA trust. … For the purpose of enjoying tort immunity, the LPFA asserted that it was a state agency.

Bertrand v. Sandoz

260 La. 239 · Supreme Court of Louisiana · Dec 13, 1971

The hospital thus established at a cost of $892,184 opened with a capacity of 47 beds on May 27, 1957. It was then a three-story structure with only two floors completed. … Indisputably the trust will incur the debt, and trusts are clearly not included within the “subdivisions” intended to be regulated, for they are not named and they are not subdivisions of the State.

Cash

District Court, E.D. Louisiana · Mar 27, 2026

The individual capacity claim against Sheriff Lopinto is also barred by qualified immunity. See, e.g., Magnolia Island Plantation, L.L.C. v. … immunity.

Bonvillian v. State Ex Rel. Department of Insurance

2008 La.App. 1 Cir. 0591 · Louisiana Court of Appeal · Dec 23, 2008

The district court abused its discretion and was clearly wrong by granting summary judgment on a declaratory judgment action when it was biased by the findings of an ALJ that were contrary to the law. 3. … Bonvillian’s Louisiana resident property and casualty producer’s license so that he may continue to operate as a bail bond agent in this state until such time as he fails to qualify under the terms of the Insurance Code.

Dusang v. Henry C. Beck Builders, Inc.

389 So. 2d 367 · Supreme Court of Louisiana · Oct 6, 1980

An "odd lot" claimant need not be absolutely helpless to qualify for total disability status. … Clearly, under the facts, he can and was engaged in a gainful occupation for wages. La. R.S. 23:1221(2).

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.

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.

State v. Paramount Publix Corporation

178 La. 818 · Supreme Court of Louisiana · Nov 27, 1933

Paramount Pub-lix Corporation is, as we have said, a New York corporation, and has its domicile and principal business establishment in New York City, and a branch office, called a film exchange, in New Orleans, in charge … The business of the distributors of which the arrangement with the exhibitor here was an instance was clearly interstate.

Ragas v. Dewey

663 So. 2d 827 · Louisiana Court of Appeal · Oct 18, 1995

Hunter, 495 So.2d 1298 (La.1986) that a periodontist was qualified to testify relative to the standards of a general dentist. … The plaintiff must first establish by a preponderance of the evidence that the doctor’s treatment fell below the ordinary standard of care expected of physicians in his medical specialty, and must then establish a causal

Williams v. City of Baton Rouge

844 So. 2d 360 · Louisiana Court of Appeal · Mar 28, 2003

Clearly, the court erred in relying on this information, which was outside the record. … However, the constitutionality of this statute was called into question as an abrogation of sovereign immunity contained in Article XII, § 10(A) of the Louisiana Constitution.

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.

Granger v. Ridenour

15 So. 3d 384 · Louisiana Court of Appeal · Jul 22, 2009

They urge, first, that the evidence outweighed the verdict; and secondly, that the jury clearly acted improperly such that impartial justice was not accomplished. … He explained to the jury that the baby's problem was the underlying non-immune hydrops, [1] which was prenatal in origin.

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.

Bridges v. Carl E. Woodward, Inc.

663 So. 2d 458 · Louisiana Court of Appeal · Oct 12, 1995

However, plaintiff failed to establish that anyone at Woodward knew this. … Bazley, 397 So.2d at 481 . *466 Lehman's affidavit establishes, for purposes of summary judgment [1] , the substantial certainty of a two-blocking accident.