Case law

Hensley v. Harrell

District Court, M.D. Louisiana · Sep 22, 2023

Doc. 30, Plaintiff is clearly requesting permission to file an amended complaint (R. Doc. 30, p. 1), and the amended allegations follow beginning on page two of the document. 3 R. … Defendants also argue that the statement regarding “playing games” is futile because Defendants did not have actual knowledge of the danger posed to Plaintiff and would be entitled to qualified immunity. R.

JR Watkins Co. v. Stanford

52 So. 2d 325 · Louisiana Court of Appeal · Apr 30, 1951

Section 2 of said Act further provides: "The burden of proof shall rest upon such foreign corporation to establish that it has complied with the laws of this State for doing business herein * * *." … a substantial business in Louisiana and not authorized to do so, and that therefore it is not entitled to sue in the courts of Louisiana upon matters arising out of its doing business in Louisiana until it has properly qualified

STATE DEPT. OF TRANSP. & DEV. v. Scramuzza

95 La.App. 5 Cir. 786 · Louisiana Court of Appeal · Apr 30, 1996

Because we find that the trial judge was clearly wrong in the weight he gave to Evans's testimony, and also clearly wrong in the assessment of Evans's credibility, we find that the trial judge clearly erred in invoking the … Zurawel and Oubre were not qualified as experts, but testified as fact witnesses. As such, they are not entitled to expert fees and therefore we reverse these awards.

Shorts v. St. Charles Parish Sheriff's Office

District Court, E.D. Louisiana · Sep 15, 2025

facts if “the facts alleged are clearly baseless.”32 If a court finds a prisoner’s claims are frivolous, the court must dismiss the claims sua sponte.33 IV. … During the Spears hearing Plaintiff did not testify that these officers participated in his physical apprehension, and mere presence at the scene or involvement in unrelated actions such as searches is insufficient to establish

State v. Calderon

16 La.App. 5 Cir. 690 · Louisiana Court of Appeal · Apr 12, 2017

Although she was romantically involved with each of these men to varying degrees at various points in time, the evidence suggests Katherine established a steady relationship with Mr. … Laura Oliver, a DNA analyst with the JPSO DNA Laboratory and a qualified expert in the field, conducted DNA analysis in this case. Ms.

Stutson v. McGee

125 So. 2d 482 · Louisiana Court of Appeal · Dec 19, 1960

Plaintiff appealed from the ruling of the trial court and filed in the appellate court a plea of prescription of thirty years under the provisions of Articles 3475 and 3499, as qualified by Articles 3430, 3495, 3500, 3501 … But clearly if plaintiff through Mrs.

State v. White

476 So. 2d 1162 · Louisiana Court of Appeal · Oct 10, 1985

Swenson, 498 F.2d 207 (8th Cir.1974), the court established the first inquiry to be whether counsel violated some duty to the client. … Although a defendant's poverty does not immunize him from punishment, a court cannot impose a fine as a sentence and then automatically convert it into a term of imprisonment solely because the defendant is indigent and cannot

State v. Sosa

921 So. 2d 94 · Supreme Court of Louisiana · Jan 19, 2006

Officer Guidry and Agent Springer, who were qualified as experts in the field of cause and origin of fires, testified that they determined the fire started at the east wall of the kitchen near the gas range and that it spread … The defense's theory of the case at trial took two approaches: that the evidence did not establish that he had set the fire and that he had had no financial motive for setting such a fire.

State v. Alexander

430 So. 2d 621 · Supreme Court of Louisiana · Apr 4, 1983

The remaining assignments of error involve legal issues governed by clearly established principles of law. They will be treated in an unpublished appendix which will comprise part of the record of this case. … In other Louisiana cases, absent dialogue as in Rodman , where the judge completely avoided any qualified language (such as "at this time" in the case under consideration), reversible error has not been found when the judge

State v. Essex

618 So. 2d 659 · Louisiana Court of Appeal · May 5, 1993

Our review of the record reveals that the state successfully established the requisite components of the crime. … Of course, such a requirement clearly existed before the 1983 legislative change. See Repealed LSA-C.Cr.P. Art. 800(A).

City of Baton Rouge v. Overton

367 So. 2d 305 · Supreme Court of Louisiana · Jan 29, 1979

A certificate indicating that he was qualified to administer PEI tests was received in evidence without objection. The officer stated that he used machine # 777 to administer the breath test to defendant. … Recognizing the importance of establishing safeguards to guarantee accuracy in chemical testing, the legislature further provided that in order to be considered valid, the chemical analysis must be performed according to

Simmons, Morris & Carroll, LLC v. Capital One, N.A.

144 So. 3d 1207 · Louisiana Court of Appeal · Jun 27, 2014

Applicable Law: A trial court’s factual findings will not be disturbed unless the record establishes that no reasonable, factual basis exists for the findings and that they are clearly wrong or manifestly erroneous. … R.S. 6:1124, “did not intend to totally immunize banks from all legal duties in their relationship with customers and third parties.” BizCapital Business & Industrial Dev. Carp. v.

Ledet v. Roy

544 So. 2d 105 · Louisiana Court of Appeal · May 24, 1989

Blueprinting was never clearly defined, but apparently it is a procedure in which the engine is mapped. … The defendant and his witnesses, none of whom were qualified as experts, disputed Mr. Benoit’s testimony in regard to balancing.

Mitchell v. Jefferson Parish

District Court, E.D. Louisiana · Mar 4, 2020

Because Burkett has not requested leave to amend her complaint to attempt to state plausible First Amendment retaliation claims, the Court assumes that she has 4 Qualified immunity … defendant violated a clearly established right.

NATIONAL BLDG. v. Alerion Bank & Trust Co.

772 So. 2d 938 · Louisiana Court of Appeal · Nov 8, 2000

By releasing the escrowed amount to Dibidale, the bank clearly breached its fiduciary duty to NBC. … Theriot had incorporated to qualify for lower unemployment and workers compensation charges. [3] Wil Whitmore admitted that closing costs, interest, quitclaim deed, taxes and interim loan reimbursements were a breach of the

In Re Basf Corporation's Exemption Permit

765 So. 2d 1171 · Louisiana Court of Appeal · Jul 31, 2000

This language established the effective date of the amendment as the date of signature by the governor, which was July 3, 1997. … It is well-settled that substantive laws either establish new rules, rights, and duties, or change existing ones, while interpretive laws merely establish the meaning the statute had from the time of its enactment.

Westerfield v. LaFleur

480 So. 2d 973 · Louisiana Court of Appeal · Dec 11, 1985

All of the evidence clearly shows, as the trial court found in its reasons for judgment, “that the child had been moving towards the school bus, but had not yet reached it when she was hit. … Here, plaintiffs contend that as Angie was in the process of entering the school bus there was a physical relationship established between Angie and the bus.

State v. Monk

315 So. 2d 727 · Supreme Court of Louisiana · Jun 23, 1975

Any judge of a court serving according to law is qualified to hear a case. … The evidence clearly establishes the relevancy and chain of custody of these items. Hence, they were properly received in evidence by the trial court. State v.

Whitfield v. East Baton Rouge Parish School Board

43 So. 2d 47 · Louisiana Court of Appeal · Nov 25, 1949

the suit, and we affirmed a judgment of the lower court, maintaining an exception of no cause or right of action, based on the ground that the School Board was an agency of the State and therefore, was subject to the same immunity … In this case, defendant was shown not to have control over the drainage ditch, canal or creek, and the way which the accident happened has been fully established.

State v. Walker

567 So. 2d 581 · Supreme Court of Louisiana · Sep 6, 1990

The officers testified before the grand jury under a grant of immunity obtained by Cicardo. … Clearly, defendant's sixth amendment right to counsel had not attached at the time that Ryland conferred with defendant and the records were delivered.