Case law

Unisys Corp. v. La. Office of Motor Vehicles

270 So. 3d 637 · Louisiana Court of Appeal · Dec 28, 2018

The record establishes that Hoyt, Green, and Aranyosi routinely signed for and approved deliverables on behalf of the Department. … law judge when judicial interest was not prayed for by the qualified health provider).

Babin v. Caddo East Estates I, Ltd.

496 B.R. 804 · District Court, E.D. Louisiana · Aug 9, 2013

If Congress had intended this result — a significant curtailment of traditional remedies commonly available — it would have spoken more clearly. The Trustee’s claim is not preempted. II. … Loss distribution and financial protection rules involve issues like immunity from suit, whether liability is joint and several, contribution rules, and the like.

Dufrene v. Gautreau Family, LLC

980 So. 2d 68 · Louisiana Court of Appeal · Feb 22, 2008

At the trial, Bhola Dhume, an architect, who was employed by the City of New Orleans as Deputy Director of Department of Public Safety and Permits was qualified *74 as an expert in building codes and designs. … clearly wrong.

West v. Bruner Health Group, Inc.

3 La.App. 3 Cir. 152 · Louisiana Court of Appeal · Oct 29, 2003

West traveled to Oklahoma, attended J.A.B. training classes and qualified as a J.A.B. sales agent. While in Oklahoma, she met the Bruners. On December 1, 1997, J.A.B. retained Mrs. … Clearly, the evidence was sufficient to establish with reasonable certainty the J.A.B. profits from the sale of the wheelchairs and therefore was sufficient to establish the appropriate commissions.

State v. Morehead

870 So. 2d 428 · Louisiana Court of Appeal · Apr 2, 2004

The state clearly established that the gun in question was the murder weapon. The salient portions of Clarissa's testimony was borne out by other evidence, particularly as to motive and time frame. … The trial court found the state had clearly established that the murder *441 had occurred in Ouachita Parish, and denied the defendant's motion.

Amalgamated Transit Union v. New Orleans Regional Transit Authority

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

immunity and municipal liability, as well as plaintiffs’ substantive First Amendment claims.14 In the motion currently before the Court, defendants argue that Wiggins is entitled to qualified immunity, that Wiggins’ decision … Defendants did not brief qualified immunity or municipal liability in their initial summary judgment motion, but implicitly raised the issues in their proposed jury instructions. R. Doc.

Averna v. INDUSTRIAL FABRICATION AND MARINE SERVICE

562 So. 2d 1157 · Louisiana Court of Appeal · May 31, 1990

First, it argues that the trial court admitted summaries of deposition testimony when Averna had not qualified under the statutory exceptions requiring the original depositions. LSA-C.E. articles 1002 and 1004. … For an appellate court to disturb a general damage award by a trial court, the record must clearly reveal an abuse of discretion by the trier of fact in making the award. Coco v.

Bossier Elec. v. Cubley

821 So. 2d 685 · Louisiana Court of Appeal · Jun 14, 2002

A work injury subsequent to a known permanent partial disability qualifies an employer to seek reimbursement for worker's compensation benefits from a statutorily designated second injury fund under certain circumstances. … Thus, BEC failed to establish that it was prejudiced on the basis that the excluded medical information either directly related to the injury that is the subject of the claim or affected BEC's ability to recover from the

Dauenhauer v. Rossner

146 La. 349 · Supreme Court of Louisiana · Dec 5, 1919

Relators, seven in number, alleging that they are qualified voters of the parish of Jefferson, affiliated with the Democratic party and candidates for various Democratic nominations in that parish, apply for writs of certiorari … —and he says: “No complaint is made that the registrar intends to establish his office on any boat or water craft.

Core v. Winn-Dixie of Louisiana, Inc.

471 So. 2d 240 · Louisiana Court of Appeal · May 29, 1985

After reviewing the proffered evidence, we find it insufficient to establish that plaintiff had recovered from his injuries *246 prior to trial. … He had previously qualified as an expert in the field of professional economics.

Darlene Ward Pellecer, Individually and as the Administrator of the Estate of Carlos F. Pellecer, and Cynthia Pellecer Keppler, Linda Pellecer Seward, and Bonnie Pellecer Perez v. Werner Co., a Corporation of Delaware

Louisiana Court of Appeal · Oct 16, 2024

Pellecer purchased the ladder, and from what source, was never established. Mr. … Ricks was qualified as an expert in marketing and branding. His opinion, that the Werner Defendants held themselves out as the manufacturers of Mr.

Dwayne Alexander v. Louisiana State Board of Private Investigator Examiners, Phyllis Glazer, James P. Englade, Lance Wallace, Annette Kovac, and Meeks and Associates

Louisiana Court of Appeal · Apr 1, 2020

In their answer, the Defendants asserted multiple affirmative defenses, including discretionary immunity and quasi-judicial immunity. … The trial transcript clearly reflects that once the trial court deemed Mr. Alexander’s suit was premature and also granted LSBPIE’s Special Motion to Strike, the remaining exception filed by Ms. Kovac was moot.

State v. New Bethany Baptist Church

535 So. 2d 1214 · Louisiana Court of Appeal · Nov 30, 1988

These girls provided detailed accounts of child abuse and neglect, establishing good cause for a preliminary investigation of the reports. … This clearly shows that the authorities did not believe that extraordinary circumstances existed which would support removal of the children without court authority.

Marange v. Custom Metal Fabricators, Inc.

11 La.App. 3 Cir. 743 · Louisiana Court of Appeal · Nov 2, 2011

that the finding is clearly wrong (manifestly erroneous). … Mar-ange failed to establish his case by a preponderance of the evidence. We disagree.

Succession of Bertaut

572 So. 2d 142 · Louisiana Court of Appeal · Nov 14, 1990

This error does not make the provision defective because it clearly states the substance of a cause for disinherison under La.C.C. art. 1621(12). See Ambrose Succession v. Ambrose, 548 So.2d 37 (La.App. 2nd Cir.1989). … The duly qualified testamentary executor of the Succession of Shelly M. Barto, William J. Oberhelman, Jr., was substituted as the appellant in these proceedings. [2] The record reveals that prior to World War II Mr.

I E C I, LLC D/B/A Ieci & Associates Versus South Central Planning and Development Commission, Inc. and St. Charles Parish

Louisiana Court of Appeal · Feb 23, 2022

IECI further alleges the trial court erred in sustaining IECI’s exception of no cause of action based on defendants’ discretionary immunity or state action immunity. … R.S. 9:2798.1, or state action immunity under Parker v.

Foti v. Holliday

27 So. 3d 813 · Supreme Court of Louisiana · Oct 30, 2009

R.S. 42:65 to qualify the State's claim was only actionable while Ms. Holliday was engaged in the misconduct. The court reasoned Ms. … R.S. 42:65 differently, and failed to do so, does not permit the Court to abandon long-established tools of statutory construction.

Pappion

District Court, W.D. Louisiana · Dec 16, 2025

The record clearly indicates that Plaintiff was not qualified for the position, he had multiple instances of absenteeism, and he lacked leadership qualities. … Additionally, Plaintiff has not demonstrated that Defendant’s proffered explanation was false or unworthy of credence, or that Defendant was clearly better qualified than his co-worker.

Fransen v. City of New Orleans

988 So. 2d 225 · Supreme Court of Louisiana · Jul 1, 2008

Because the home rule charter existed at the time the 1974 state constitution was adopted, Article VI, section 4 of that constitution grants the City both the power to initiate local legislation and the power of immunity … This court’s recognition of the constitutional prohibition of the collection of delinquent ad valorem taxes by suit was established early on with the exception of Succession of Mercier, supra.

Vita Chenet v. Colgate-Palmolive Company

Louisiana Court of Appeal · Sep 19, 2024

Attanoos is probably one of the best qualified experts this Court ever encountered. 6. The Court gave Colgate an opportunity to allow Dr. … Here, the law of the case established only that asbestos was a cause of Ms. Chenet’s mesothelioma.