Case law

Opinion Number

Louisiana Attorney General Reports · Apr 4, 2008

Allen , 382 So.2d 924 (La. 1980), found that the Constitution (Art. 10, §§ 16-20) clearly establishes a system of classified fire and police civil service in all towns of a certain size and in all parishes and fire protection … Allen , 382 So.2d 924 (La. 1980), found that the Constitution (Art. 10, §§ 16-20) clearly establishes a system of classified fire and police civil service in all towns of a certain size and in all parishes and fire protection

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

Jones v. Gee

District Court, E.D. Louisiana · Feb 5, 2020

open workers compensation claims; (3) created negative entries in plaintiff’s human resources file; (4) over assigned work to plaintiff; and (5) denied plaintiff promotions “for which she was duly qualified … Third, defendant notes that plaintiff’s complaint references multiple EEOC complaints but fails to clearly differentiate between the complaints by name or date. Id. at 10.

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.

Greenwald v. Cantrell

District Court, E.D. Louisiana · Sep 16, 2024

Title II of the ADA states that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities … of a public entity, or be subjected to discrimination by any such entity.”47 To state a claim under under Title II of the ADA, a plaintiff must allege: “(1) that he has a qualifying disability; (2) that he is being

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 ex rel. E.K.

766 So. 2d 661 · Louisiana Court of Appeal · Aug 23, 2000

Glen Fontenot, a supervisor with the fire marshal’s office, was qualified as an expert in fire investigation origin and causes. … When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable

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.

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

Motley

District Court, M.D. Louisiana · Aug 6, 2026

Doc. 33 at 2), but does not clearly state when this request occurred. … Ex parte Young provides jurisdiction over official-capacity suits because it can prevent Eleventh Amendment immunity. See McCarthy ex rel. Travis v. Hawkins, 381 F.3d 407, 410 (5th Cir. 2004).

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.

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

State v. Lambert

749 So. 2d 739 · Louisiana Court of Appeal · Nov 17, 1999

Patricia Daniels, a medical technologist with the Orleans Parish Coroner's Office, was qualified by stipulation as an expert in the field of medical technology. Ms. … The testimony of a rape victim alone is sufficient to establish the elements of the offense of aggravated rape. State v.

State of Louisiana v. Casey Lejeune

Louisiana Court of Appeal · May 2, 2024

Calogero testified that the State had informed him that Defendant qualified as a “triple lifer.” … LeJeune was a “triple lifer” if he went to trial, I clearly, forcefully and in terms that left nothing to the imagination, repeatedly informed Mr.

Moore v. Conagra Poultry Co.

893 So. 2d 137 · Louisiana Court of Appeal · Jan 26, 2005

We further hold that such evidence can qualify as "competent evidence," provided that the evidence has some degree of reliability and trustworthiness and is of the type that reasonable persons would rely upon. … By virtue of the July 1, 2002 order from her doctor preventing Moore from working until she had surgery, Moore established by clear and convincing evidence that she was disabled from employment.

Ferguson v. Sugar

988 So. 2d 816 · Louisiana Court of Appeal · Aug 13, 2008

that the fact finder is clearly wrong or manifestly erroneous. … R.S. 9:5628 establishes a preemptive time period. Borel, p. 7, ___ So.2d at ___.

Weis v. DSM Copolymer, Inc.

160 F. Supp. 3d 954 · District Court, M.D. Louisiana · Feb 2, 2016

The 29-page Report issued by Magistrate Judge Bourgeois is well reasoned and defendants’ arguments relative to error clearly lack merit, particularly in view of the response made by plaintiffs. … Even if DSM established this element, it has failed to establish a causal nexus exists between DSM’s actions under color of federal office and the Plaintiffs’ claims. IV.

Ausberry v. City of Monroe, La.

456 F. Supp. 460 · District Court, W.D. Louisiana · Sep 7, 1978

The three members of the Council are required to qualify and be elected on an at-large basis. L.R.S. 33:522. 21. … However, a substantial number of well-qualified candidates have run for various offices.