Case law

Griffith v. Latiolais

48 So. 3d 1058 · Supreme Court of Louisiana · Oct 19, 2010

C.C. art. 134 clearly fell in Resa’s favor. Griffith, 32 So.3d at 389 . … Bouillion for co-parenting help before it issued a judgment establishing custody and the parents saw him for two years.

Cameron v. AWS Amazon Services

District Court, E.D. Louisiana · May 30, 2025

“A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges violation of a legal interest which clearly does not exist.” Samford v. … Moreover, Plaintiff does not indicate that any Defendant would qualify as a common carrier by railroad, nor does Plaintiff indicate that he is an employee of any defendant who was harmed while working for the carrier.

Adams v. Falcon Equipment Corp.

717 So. 2d 282 · Louisiana Court of Appeal · Aug 21, 1998

Falcon asserted that the agreement was clear and unambiguous and is not affected by Breck's tort immunity. … Breck also contends that a valid indemnity agreement must have explicit, unequivocal language, clearly expressing the intent to provide indemnification for the indemnitee's negligence before such intent will be found to exist

State v. Bernard

31 So. 3d 1025 · Supreme Court of Louisiana · Mar 16, 2010

. *1029 15The First Circuit affirmed, holding “defendant’s incarceration in the East Baton Rouge Parish Prison clearly qualified him as being ‘in custody’ ” and that the “trial court did not abuse its discretion in determining … Hathorn, Perry and Phillips , when read together, clearly establish Miranda applies not to all “state actors” but only to persons who are either law enforcement officers or acting as an agent of law enforcement.

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.

Moreau v. Woman's Benefit Ass'n

16 La. App. 33 · Louisiana Court of Appeal · Jan 27, 1931

The evidence does not establish that the insured could not have passed a medical examination. … There is not anything whatsoever in the receipt which indicates that it was conditional, but on the other hand, the receipt very clearly shows that the insured had paid all amounts due by her from the date of suspension to

In re Simpson

959 So. 2d 836 · Supreme Court of Louisiana · Jun 29, 2007

Violations of Rule 1.4(a) and Rule 1.4(b) are clearly present. … Under these facts, a violation of Rule 7.2(a) has been established by the ODC.

Al Perry Thomas v. Neal Lartigue

Louisiana Court of Appeal · Aug 11, 2022

Defendant filed to qualify for office on July 21, 2022, within the qualifying period for the November 8, 2022 election. … Based on the evidence, as discussed in depth in the previous section, we find that Plaintiff has clearly carried his burden of proving that Defendant was not qualified to run for the office of Chief of Police of Ville Platte

Succession of Burgess

359 So. 2d 1006 · Louisiana Court of Appeal · Apr 11, 1978

This modification will be made since the provision as written is clearly inconsistent with the law. … However, nothing herein is to be construed as a prohibition to the trustees from employing qualified investment advisors. 6.

Womack v. Louisiana Commission on Governmental Ethics

250 La. 833 · Supreme Court of Louisiana · Jun 5, 1967

In 1962, the Legislature passed Act 147 which established the Louisiana Financial Assistance Commission. 2 The membership, tenure, and expenses of the Commission were established as follows: “A. … Plaintiff contends that Act 110 of 1964, as of the time of its passage and even after the passage of Act 528 of 1964, the constitutional amendment, is clearly in violation of Art.

Provident Bank v. Leslie

2002 La.App. 4 Cir. 1449 · Louisiana Court of Appeal · Jan 13, 2010

Proe. art. 1702 to qualify as a confirmation of default judgment. We agree. |sThe judgment granting “permanent default” was signed on July 18, 2005. … of the demand sufficient to establish a prima facie case as required by La.Code Civ.

Williams v. Ace Transportation, Inc.

9 La.App. 3 Cir. 1071 · Louisiana Court of Appeal · Mar 10, 2010

Accordingly, the findings of the OWC will not be set aside by a reviewing court unless they are found to be clearly wrong in light of the record viewed in its entirety. Alexander [v. … Landry qualified that suggestion by acknowledging that the company would use a specific driver — one that had proved to be reliable — if that driver was available.

John Benjamin, Sr. v. William Zeichner, M.D.

Louisiana Court of Appeal · Jun 27, 2012

Shamblin was licensed in both Alabama and Louisiana, and clearly qualified under La.R.S. 9:2794D(1)(d) to provide expert testimony. Thus, Dr. … Zeichner’s potential negligence in this case, came when he was clearly qualified under the statute as an expert witness. We find therefore, that to require Dr.

Thibodeaux v. St. Landry Parish Police Jury

561 So. 2d 163 · Louisiana Court of Appeal · Mar 14, 1990

Harry, District Traffic Operations Engineer with the Department of Transportation & Development, who was qualified as an expert in the fields of traffic engineering and accident reconstruction. … We cannot say that there was manifest error or that the trial court and jury were clearly wrong in concluding that Hodges was not contributorily negligent."

Opinion Number

Louisiana Attorney General Reports · May 16, 2007

Section 2 presents a somewhat closer question, for, unlike § 1, it appears to establish a procedure for hiring and firing. … Inasmuch as we consider injunctive relief clearly proper under the rationales of Lentini v. City of Kenner , 252 La. 413 , 211 So.2d 311 (La. 1968) and Caddo Parish School Bd. v.

Anthony Gibbs & Co. v. Munson S. S. Line

12 F. Supp. 913 · District Court, E.D. Louisiana · Dec 12, 1935

From the language of the exemption in the bill of lading above quoted the shipowner is clearly not liable for any fire occurring without the owner’s personal design or neglect, and consequently fully relieves the respondents … In a case such as this where the fire starts on a pier and is communicated to cargo on a ship, the Fire Statute is applicable and, accordingly, the respondents are entitled to complete immunity. Providence & N. Y. S. S.

State v. Zeno

1 La.App. 3 Cir. 1340 · Louisiana Court of Appeal · Mar 13, 2002

Bourque, 94-291 (La.App. 3 Cir. 11/2/94) ; 649 So.2d 670 , this court set aside the defendant’s conviction because the two state eyewitnesses were clearly unreliable. … case of discrimination moot when it asked the prosecutor for his race-neutral reasons for qualifying the jurors.

Stewart v. Robinson

521 So. 2d 1241 · Louisiana Court of Appeal · Jun 2, 1988

`Insured' means any person or organization qualifying as an insured in the WHO IS INSURED section of the applicable insurance. … The trial court clearly erred in deciding to the contrary. Our conclusion in this regard renders Aetna's other assignments of error and the issue raised by plaintiff's answer to the appeal moot.

Guidry v. Toups

351 So. 2d 1280 · Louisiana Court of Appeal · Jan 11, 1978

Upon seeing this, Harris Pitre, the owner of the Stagecoach Lounge, came from behind the bar and according to his testimony told both the decedent and the defendant Toups that he wanted no fighting in his establishment and … Toups' use of a knife to maim one and kill another seems to me clearly to be excessive force. I cannot agree with the use of a psychiatrist's testimony of an absence of consciousness as being a reason for no liability.

Nelson v. Williams

707 So. 2d 436 · Louisiana Court of Appeal · Apr 13, 1998

defense that appears clearly on the face of the pleading. … The right to amend is qualified by the restriction that the objections be curable. Doe v. Entergy Services, Inc, supra . Amendment is not permitted when it would constitute a vain and useless act. Doe v.