Case law

McLure v. Alexandria Golf & Country Club, Inc.

344 So. 2d 1080 · Louisiana Court of Appeal · Apr 13, 1977

Thus, when a right of passage is expressly reserved `for the benefit and advantage of the property,' a predial servitude is clearly established. … The holding of the trial court is clearly contrary to this codal authority.

State v. Henton

682 So. 2d 777 · Louisiana Court of Appeal · Sep 25, 1996

Armstrong qualified as an expert witness and criminalist in the field of identification of controlled dangerous substances. … In this case, the testimony of the law enforcement officials clearly established a proper foundation for the introduction of the cocaine.

State v. Brown

414 So. 2d 689 · Supreme Court of Louisiana · Jun 8, 1982

Noting the lack of evidence of incapacity, we cannot find the trial court's determination of defendant's competency to be clearly erroneous. … Under this argument a jury which has been so qualified is not representative of a fair cross-section of the community. We have rejected this argument, most recently in State v.

Duhon v. Board of Supervisors for Louisiana State University and Agricultural and Mechanical College

District Court, E.D. Louisiana · Aug 20, 2021

Official Capacity Claims and Sovereign Immunity Defendants first argue that Plaintiff’s official capacity claims are barred by the Eleventh Amendment’s grant of sovereign immunity. … [the deprivation] of any significant property interest,”34 Plaintiff’s allegations do not clearly state what pre-deprivation process he was owed.

Joseph v. Eagle Inc.

District Court, E.D. Louisiana · Mar 12, 2021

established by Boyle v. … Yearsley established that a federal government contractor, performing at the direction and authorization of a federal government officer, is immune from suit based upon performance of the contract

Frazier v. Donelon

381 F. Supp. 911 · District Court, E.D. Louisiana · Aug 23, 1974

GRIEVANCE PROCEDURE The recently established inmate council is considered a satisfactory mechanism for use in helping to resolve grievances. … Clearly the Court could not and would not uphold such a nebulous degree of personal latitude on the part of the authorities caused by the lack of specific rules.

Grieff v. Parish of Jefferson

98 La.App. 5 Cir. 1262 · Louisiana Court of Appeal · Dec 13, 2000

Additionally, the sheriff complains that the trial judge seriously erred when she relied on the testimony of a social worker, who was not qualified and not able to make a medical diagnosis, in preference to a duly qualified … The record clearly supports the observations of the trial judge that plaintiffs future earnings will be affected by his physical and psychological condition.

State v. Huntley

13 La.App. 3 Cir. 127 · Louisiana Court of Appeal · Jul 10, 2013

“Whatever the precise scope of this [second] exception, it is clearly meant to apply only to a small core of rules requiring observance of those procedures that ... are implicit in the concept of ordered liberty.” … The sentence was mandated by the penalty provision of the statute establishing the offense. R.S. 14:30.1.

Doucette v. Barthelemy

598 So. 2d 600 · Louisiana Court of Appeal · Apr 14, 1992

Clearly, any claims plaintiffs may have against the defendants based on 42 U.S.C. Section 1981 have prescribed. … R.S. 38:2241(0) expressly provides that “[sjureties and contractors executing payment bonds for public works contracts under this Part shall be immune from liability for payment of any claims *603 not required by this Part

Duplessis v. Tulane University Medical Center

2010 La.App. 4 Cir. 0267 · Louisiana Court of Appeal · Aug 25, 2010

DISCUSSION In a workers’ compensation case, the appropriate standard of review applied to the OWC’s factual findings is the manifest error-clearly wrong standard. Dean v. … Duplessis did not believe he could perform any type of work. *997 Finally, Tulane presented the testimony of Kathleen Riche, who was qualified as an expert in the field of vocational rehabilitation. Ms.

Elliott v. Eaves

476 So. 2d 388 · Louisiana Court of Appeal · Sep 25, 1985

In the first place, he neither witnessed the accident nor qualified as an expert in accident reconstruction; as a result, his explanation lacks any reliable, factual basis. … Therefore, the appellate review is not complete until the record establishes that any finding of facts by the judge or jury is not clearly wrong (manifestly erroneous). Arceneaux, supra.

Duhon v. Harbor Homeowners' Ass'n

2015 La.App. 4 Cir. 0852 · Louisiana Court of Appeal · Jun 30, 2016

No set number has been established that automatically makes joinder impractical, instead, the determination is based on the facts and circumstances of each case. … The record clearly reflects that the Association was responsible for the maintenance and repair of the common areas, as well as the post-hurricane repair and recovery 5 .

Calton v. U.S. Court of Appeals

District Court, E.D. Louisiana · May 2, 2023

“[A] motion to alter or amend the judgment under Rule 59(e) ‘must clearly establish either a manifest error of law or fact or must present newly discovered evidence’ and ‘cannot be used to raise arguments which could, and … In the supplemental motion for reconsideration, Plaintiff argues that this Court erred by failing to consider his argument that the judges are not entitled to sovereign immunity under the Larson-Dugan exception.18 In Larson

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).

Kavanagh v. Hebron

266 So. 3d 338 · Louisiana Court of Appeal · Jan 24, 2019

STANDARDS OF REVIEW An appellate court may not set aside a trial court's findings of fact in the absence of manifest error or unless it is clearly wrong. Stobart v. … date of La.Const. art. 1, § 10.1, on December 12, 2018, and slightly over one year from the date in January 2019 that Hebron would be required to assume and hold the office of mayor, well under the five-year limitation established

Housing Authority of Shreveport v. Green

200 La. 463 · Supreme Court of Louisiana · Apr 27, 1942

The testimony of these witnesses and that of those who testified for the defend *472 ants clearly show that the foundation and walls of the house are in perfect condition with the exception of the defects mentioned. … This is the rule established long ago and consistently adhered to by the Supreme Court of the United States. Taking into consideration all the testimony, we think an award of $4,500 would be adequate but not excessive.

Nebo Construction Co. v. Southeastern Electric Construction Co.

200 F. Supp. 582 · District Court, W.D. Louisiana · Dec 21, 1961

to do business in Louisiana, (2) Southeastern Constructors, Inc., a Florida corporation qualified to do business in Louisiana, (3) Houston Gas and Oil Corporation, a Florida corporation qualified to do business in Louisiana … McCullough, it is clearly established that the following “details,” among others, were not “worked out” or agreed upon among the parties : (1) who would supply the expensive equipment for clearing the right-of-way, for example

Opinion Number

Louisiana Attorney General Reports · Feb 18, 2000

In interpreting the above provision, we have consistently held that in order to qualify for an exemption under § 21(B)(1)(a), the property must meet all four requirements set forth therein, to wit: 1. … Further, an exemption, constituting an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haney Corp. v. Larpenter , 583 So.2d 867 (La.App. 1st Cir. 1991), writ denied.

Robertson v. Cambon

176 La. 753 · Supreme Court of Louisiana · Feb 27, 1933

The evidence in the case clearly establishes the fact that the real estate firm of Cambon Bros., composed of Sylvester J. Cambon and Dr. Ferdinand J. … In order to establish a partnership in fact between Maurice C.

Mouton v. New York Insurance

5 Pelt. 614 · Louisiana Court of Appeal · Dec 11, 1922

Testimony'by de-' positions taken on behalf of the defendant, is found upon examination to be of little value save to establish the dates upon which certain premium payments were made by George Clinton Mbutoji, the insured … trial court dismissing plaintiff's petition is justified hy abundant authority found in the jurisprudence of the highest courts of other states, where similar notes under like conditions have been construed as in no manner qualifying