Case law

Kirby v. Field

923 So. 2d 131 · Louisiana Court of Appeal · Sep 23, 2005

Kirby's invitation to establish a new "foreign body" exception to the prescriptive periods of La. R.S. 9:5628. … Allegations deficient in the factual particularity required to establish a cause of action are not "well-pleaded."

Dugas v. Bayou Teche Water Works, Inc.

13 La.App. 3 Cir. 890 · Louisiana Court of Appeal · Feb 12, 2014

On remand, the defendant filed a motion for summary judgment, supplementing the record regarding the question of whether it qualified as an entity offered the prescriptive limit of La.R.S. 9:5624. … Bayou Teche also attached deposition testimony and bills of sale associated with the plaintiffs’ property in an attempt to establish that the plaintiffs failed to file suit within two years of the damages being sustained.

State v. Carthan

377 So. 2d 308 · Supreme Court of Louisiana · Nov 12, 1979

The procedure was conducted by qualified medical personnel. Marlon K. … Clearly, the question *314 asked of Deputy Pullin called for objectionable hearsay evidence.

Barlow v. Safety National Casualty Corp.

856 F. Supp. 2d 828 · District Court, M.D. Louisiana · Mar 6, 2012

The defendants seek dismissal of the plaintiffs complaint on the grounds that (1) the pursuit of indemnity does not qualify as a “debt” under the Fair Debt Collection Practices Act and, therefore, her claims invoking the … To state a claim under the FDCPA, a plaintiffs allegations must establish that the money being collected qualifies as a “debt.” See 15 U.S.C. § 1692a(5).

State v. Evans

249 La. 861 · Supreme Court of Louisiana · Nov 7, 1966

“When knowledge or intent forms an essential part of the inquiry, testimony may be offered of such acts, conduct or declarations of the accused as tend to establish such knowledge or intent and where the offense is one of … Nowhere did he deny or qualify his original statement that he felt that his work and his dealings with boys would hamper his judgment in the matter.

Lincoln Parish School Board v. Ruston College

162 So. 2d 419 · Louisiana Court of Appeal · May 27, 1964

Art. 3478 runs against the levee district, an agency of the State, in view of the fact that the State itself is immune from the running of prescription against it. … Such acquisition would have to be through a public or governmental entity. 3 Am.Jur.2d, "Adverse Possession," § 139, p. 225, states: "* * * Clearly, title by adverse possession may be acquired by the United States, or by

Smith v. Insurance Co. of State of Pennsylvania

161 So. 2d 903 · Louisiana Court of Appeal · Mar 2, 1964

The stop sign is near the aforesaid commercial establishment situated at the northeast corner of the junction. … To hold otherwise is to completely erase from the policy the qualifying phrase "against the insured", contained in Clause II(a) quoted above.

Moran v. State ex rel. Department of Health & Hospitals

97 La.App. 3 Cir. 1464 · Louisiana Court of Appeal · Jun 3, 1998

In this case, the Court is satisfied that good cause is shown in that this is about the only way that the plaintiff can have any hope at all of being able to try to establish its theory of the case, but that, in and of itself … R.S. 46:56(H)(1) and in the absence of any jurisprudence to the contrary, we are unable to find that the trial court was clearly wrong or abused its discretion in allowing plaintiffs’ use of the juvenile records in question

State v. Lewis

112 So. 3d 796 · Supreme Court of Louisiana · Mar 19, 2013

are a means of “ ‘eliminating] extremes of partiality on both sides,’ ... thereby ‘assuring the selection of a qualified and unbiased jury.’ ” Holland v. … While peremptory challenges are one means of assuring the selection of a qualified and unbiased jury, the U.S.

Fuller v. Baggette

847 So. 2d 26 · Louisiana Court of Appeal · May 6, 2003

This court on rehearing concluded that Wade was qualified to serve as succession representative; however, his appointment was voided because the petition seeking Wade's appointment lacked an affidavit establishing the trial … R.S. 9:5621 clearly states that the action is prescribed two years from the day of the judgment homologating the final account.

Jurisich v. Jenkins

749 So. 2d 597 · Supreme Court of Louisiana · Nov 17, 1999

Accordingly, we find that this first argument is easily distinguishable and clearly irrelevant to the facts now before us. Defendants next assert that La. … The activities of navigation and maintenance of navigation are not qualified by the terms "normal, usual and permissible."

Ruiz v. Oniate

697 So. 2d 1373 · Louisiana Court of Appeal · Aug 6, 1997

Compensation Fund, the court "shall consider the liability of the health care provider as admitted and established." … Where two permissible views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Stobart v.

State v. Gene

587 So. 2d 18 · Louisiana Court of Appeal · Aug 21, 1991

The state also established through the testimony of Detective Fried, who was qualified as an expert in the packaging, use, and distribution of cocaine, that crack dealers typically carry rocks in prescription pill bottles … In light of his prior felony record and his poor response to probationary treatment, defendant's sentence is clearly not excessive.

Gedward v. Sonnier

728 So. 2d 1265 · Supreme Court of Louisiana · Mar 2, 1999

Further, the trial court found that the ATV qualified as a "motor vehicle" under the terms of AIC's policy. … Kodi is clearly a resident of his father's dwelling.

Beard v. Summit Institute

707 So. 2d 1233 · Supreme Court of Louisiana · Mar 4, 1998

Although this Court has never addressed whether accrued vacation pay qualifies as "wages," every court of appeal that has addressed the issue has held that accrued vacation pay is wages under La. R.S. 23:631. Baudoin v. … It is well established that a company policy can have no adverse effect on the requirement of prompt payment of earned wages upon termination of an employee."); Macrellis v.

State v. Pruett

49 La. Ann. 283 · Supreme Court of Louisiana · Jan 18, 1897

establishes the prisoner’s guilt.” … The presiding judge in the exercise of this discretion has absolute immunity from all review unless it should clearly appear that there was a wilful abuse *300 of the discretion confided to him.

In re Everett

520 B.R. 498 · District Court, E.D. Louisiana · Sep 29, 2014

Section 408(a) defines IRA, and provides several requirements for IRAs to qualify for special tax treatment. … If an account does not satisfy each of these requirements, it will not qualify or comply with the Internal Revenue Code.

Yolanda Taylor, Catina Smith, Cynthia Smith, and Vernaon Taylor, Individually and On Behalf of Delores Jean Bogan (D) v. Nexion Health at Pierremont, Inc., D/B/A Pierremont Healthcare Center – Shreveport, University

Louisiana Court of Appeal · Dec 14, 2022

As noted in the judgment, Pierremont, as a qualified healthcare provider, is not liable for an amount in excess of $100,000 plus interest and costs, pursuant to La. … that the factfinder is clearly wrong or manifestly erroneous.

Succession of Packwood

9 Rob. 438 · Supreme Court of Louisiana · Jan 15, 1845

Packwood was subsequently produced, by which she appointed her husband, Samuel Packwood, her execu. tor, and he qualified as such in the Court of Probates of the parish and city of New-Orleans, and proceeded to have a new … This doctrine is especially true of debts; which clearly, according to all the authorities, follow the person of the owner, or creditor. Story’s Conflict of Laws, No. 362.

State v. Cage

337 So. 2d 1123 · Supreme Court of Louisiana · Sep 13, 1976

The record is devoid of evidence that any of these adults could not qualify as a juror under La.C.Cr.P. art. 401. … Clearly, no constitutional doctrine requires this result. In any event, there is no showing of fraud or great wrong as required by Article 419 of the Louisiana Code of Criminal Procedure. See State v.