Case law

State v. Dudley

984 So. 2d 11 · Louisiana Court of Appeal · Sep 19, 2007

Only approximately 370 of the claims were for vision or hearing screening, and only three of the claims were for immunizations. Westend maintained a bank account at Community First Bank. … In the instant case, defendant was not denied his right of self-representation; rather, he simply failed to clearly and unequivocally invoke his right to self-representation.

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

Washington v. Magnolia Manor Nursing Home & Rehab., L.L.C.

247 So. 3d 156 · Louisiana Court of Appeal · Mar 28, 2018

They asserted that there were no allegations in the petition or documents attached to the petition that established Washington's right to sue or qualified him as a beneficiary under La. C.C. arts. 2315.1 or 2315.2. … App. 4 Cir. 5/7/10), 38 So.3d 1068 , writs denied , 2010-1312 (La. 9/24/10), 45 So.3d 1079 and 2010-1314 (La. 9/24/10), 45 So.3d 1080 , where the appellate court held that the petition for filiation clearly related back to

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).

State v. Berthelot

449 So. 2d 692 · Louisiana Court of Appeal · Apr 9, 1984

That case dealt with a defendant whose personal background and offense is clearly distinguishable from the case before us. … I don’t think he qualifies there. Ten: He’s particularly likely to respond to — respond affirmatively to probationary treatment. I can’t say that he would.

State v. Simard

817 So. 2d 366 · Louisiana Court of Appeal · Apr 30, 2002

The observations of an arresting officer may be sufficient to establish guilt. State v. Allen, supra . In the present case, defendant refused to submit to a field sobriety test and a breath-alcohol test. … LSA-C.E. art. 702 provides: *371 If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge

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

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.

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.

DeSalvo v. Orleans Parish School Board

97 La.App. 4 Cir. 1339 · Louisiana Court of Appeal · Apr 8, 1998

Such actions were clearly contrary to the provisions of the contract between the School Board and GIA, as well as La.Rev.Stat. 22:2018. … Clesi, who was qualified as an expert in employee health benefits and employee health benefits legislation and public policy, testified for an entire day.

Tugger v. Continental Casualty Insurance Co.

658 So. 2d 769 · Louisiana Court of Appeal · Jun 21, 1995

Thus, the trial court clearly did not err in allowing parol evidence. See Tolar, supra; Doyal, supra. … The self-insured City of Monroe qualifies as uninsured, thus potentially triggering any existing UM coverage. See Jones v. Henry, 542 So.2d 507 (La.1989).

University of Louisiana Monroe Facilities, Inc. v. JPI Apartment Development, L.P.

151 So. 3d 126 · Louisiana Court of Appeal · Oct 8, 2014

CRI clearly consented to the motion to compel arbitration filed by ULMFI in this case. … However, the law is firmly established that once the court finds that the parties made an arbitration agreement and failed to comply with it, the issue of alleged waiver is a question for the arbitrator, not for the court

Pham Vo, Inc. v. Colony Insurance Co.

96 La.App. 3 Cir. 1495 · Louisiana Court of Appeal · Apr 2, 1997

Pham’s own testimony, Fire Marshall Idal Guillot, who was qualified as an expert in the field of origin and causation of fires, and Detective Chris Lachney both testified that the fire was intentionally set. Mr. … Clearly, the trial court was justified in finding this was a case of arson.

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 ___.

In Re: Texas Petroleum Investment Company

District Court, E.D. Louisiana · Sep 6, 2024

TPIC has moved for summary judgment on the issue of the borrowed employee doctrine, which, if applicable, would cloak TPIC in tort immunity. … TPIC argues that Pierre clearly acquiesced due to his seven- day hitches, providing little else in the way of additional argument.

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.

McKinley v. Scott

17 So. 3d 81 · Louisiana Court of Appeal · Jul 15, 2009

The trial court was not clearly wrong in granting the exception. La. R.S. 9:5605.1 McKinley argues that her legal malpractice action was timely filed pursuant to La. … McKinley failed to establish that La. R.S. 9:5605.1 applied so as to make her claim timely.

Veritext Corp. v. Bonin

District Court, E.D. Louisiana · Dec 1, 2021

establishing a standard of competency for those persons engaged in it.” LA. STAT. ANN. § 37:2551(A) (2021). … Generally, two criteria must be satisfied: (1) “the challenged restraint must be one clearly articulated and affirmatively expressed as state policy to displace competition with state regulation

Venible v. First Financial Ins. Co.

718 So. 2d 586 · Louisiana Court of Appeal · Aug 26, 1998

Clearly this paragraph does not state a cause of action under La. R.S. 22:1220(B)(1)-(4). … Thus, plaintiff does not qualify as an insured and Section 1220B(5) does not apply to her claim. Smith, 699 So.2d at 1197 .

State v. George

115 So. 3d 730 · Louisiana Court of Appeal · May 15, 2013

Lieutenant Owen McDonnell of the Cad-do Parish Sheriffs Office was qualified and accepted as an expert in fingerprint examination and testified on behalf of the State. … 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