Case law

DeGrilleau v. Frawley

48 La. Ann. 184 · Supreme Court of Louisiana · Dec 4, 1895

The vendor did not, in terms, convey the property of the alley to his different vendees, but for all practical purposes they had qualified property rights in it (Heirs of Delogny vs. … The principle established is that an owner may make any lawful disposition of it which he deems most beneficial.

Succession of McBurney

162 La. 758 · Supreme Court of Louisiana · Oct 5, 1926

The will was •probated, and the three executors named *761 were confirmed and qualified on September 8, 1924. … The act of the testatrix clearly evidenced an intention of revocation. It is contended on behalf of the Presbyterian Hospital that the withdrawal of the funds from the two banks was the voluntary act of Dr.

Lalla v. City of New Orleans

161 F. Supp. 2d 686 · District Court, E.D. Louisiana · Apr 4, 2001

To qualify as a “prevailing party” under § 1988(b): “[A] civil rights plaintiff must obtain at least some relief on the merits of his claim. … It must be observed that in Brady , the case was initially appealed following a denial of qualified immunity to defendants on summary judgment, remanded to the district court for trial, tried to a jury, a post-trial motion

Rebel Distributors Corp. v. Luba Workers' Comp.

12 La.App. 3 Cir. 909 · Louisiana Court of Appeal · Mar 6, 2013

Thomas Clinic are qualified Health Care providers in the state of Louisiana[.]” … The June 29, 2007 contract clearly did not establish a mandate relationship between Physician Partner and Dr. Heard/Clinic. As previously stated, it was an assignment in full ownership of the accounts arising from Dr.

Walker v. Jim Austin Motor Company

162 So. 2d 135 · Louisiana Court of Appeal · May 27, 1964

In these latter instances the rule is well established that where fraud or error is properly pleaded and it is made clearly to appear that through fraud or mistake the written instrument expresses a purpose different from … Guest, La.App., 147 So. 771 , the court, as reflected from the syllabus, held: "`"Though parol evidence is inadmissible to establish promise to pay debt of third person, it is admissible to establish absolute primary obligation

State v. Bolden

680 So. 2d 6 · Louisiana Court of Appeal · Apr 17, 1996

The high court reviewed the record from the original murder trial and made the following analysis of the facts in light of well-established jurisprudence. … On January 17, 1995, the court called potential jurors into the courtroom and proceeded to qualify the jury. The defendant had waived his presence as to the "initial qualifying" of the voir dire.

Hooter v. Wilson

273 So. 2d 516 · Supreme Court of Louisiana · Feb 19, 1973

Clearly, an amendment subsequent to that judgment, which changed the amount of exemption, should not be retrospectively applied * * *." … For that reason Congress concluded it was necessary to regulate the garnishment remedy in order to regulate commerce and establish uniform bankruptcy laws. 15 U.S.C.A. § 1671 .

ENTERGY LOUISIANA, INC. v. James

974 So. 2d 838 · Louisiana Court of Appeal · Jan 23, 2008

Did the Trial Court err in its determination that there was a prior trim point established by or on behalf of Entergy Louisiana, Inc.? 5. Did the Trial Court err in dismissing Paul R. … them cannot be manifestly erroneous or clearly wrong.

Patrick M. Wartelle v. Ellen Mintz

Louisiana Court of Appeal · Jun 8, 2022

Wartelle’s statement, the deposition of Corporal Fontenot establishes otherwise. Corporal Fontenot clearly states that he did not believe that he was being deceived by the complainant Ms. Mintz, nor by Ms. Gibson. … Clearly, Corporal Fontenot took the statements of Ms. Mintz to be merely her perceptions or opinion as to what happened.

Johnson v. Berg Mechanical Industries, Inc.

847 So. 2d 216 · Louisiana Court of Appeal · May 16, 2003

Moreover, Johnson did not establish that the WCJ abused her great discretion in refusing to continue the trial based upon *223 a good ground. … 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.

Mrs. Salvatore Paul Provenza, Sr., Salvatore Paul Provenza, Jr., Victoria C. Provenza, and the Unopened Succession of Salvatore Paul Provenza, Sr. v. The City of Bossier City, Louisiana, Bossier Parish, Louisiana, Pam Glorioso, Individually and in her Official Capacity as an Employee of the City of Bossier City, Louisiana, and H & W Demolition, Inc.

Louisiana Court of Appeal · Jun 30, 2021

Abandonment functions to relieve courts and parties of lingering claims by giving effect to the logical inference that a legislatively designated extended period of litigation inactivity establishes the intent to abandon … The plaintiffs also argue that they “clearly” did not intend to abandon the action because they “engaged in discovery pre-trial motion practice.”

State v. Vice

997 So. 2d 904 · Louisiana Court of Appeal · Dec 10, 2008

However, La.R.S. 15:438 does not establish a stricter standard of review on appeal than the rational juror's reasonable doubt standard. … charged with one count of extortion, a violation of La.R.S. 14:66, which provides: Extortion is the communication of threats to another with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity

Burns v. CLK Investments V, L.L.C.

2010 La.App. 4 Cir. 0277 · Louisiana Court of Appeal · Sep 1, 2010

To conclude on the requirement that a plaintiff must establish that the thing, here the ramp, presents an unreasonably dangerous consideration, we consider former La. … Burns herself and by Ladd Ehlinger, a forensic architect, qualified by the court as an expert in the "field of architecture including how people move through spaces and causation of accidents only as it relates to architectural

Graves v. Cain

District Court, M.D. Louisiana · Oct 11, 2019

Defendants argue that there can be no finding of the deliberate indifference required to overcome their Qualified Immunity defense. … Defendants devote much of their Objection to the argument that Plaintiff fails to establish subjective knowledge. However, Plaintiff has alleged sufficient facts to overcome Rule 12(b)(6) dismissal.

Gwen Fontenot and Renee M. Brown v. Todd P. McKellar

Louisiana Court of Appeal · Aug 23, 2023

At the hearing, both plaintiffs introduced evidence to establish that they are qualified electors of House District 38 and have standing to bring this action. … When the “qualifications for an office include a residency or domicile requirement, a candidate shall meet the established length of residency or domicile as of the date of qualifying.” La.R.S. 18:451.

State v. Trammell

78 So. 3d 205 · Louisiana Court of Appeal · Nov 9, 2011

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 … He explained that entry wounds are more defined and he could clearly tell that the wound in Off. Madjerick’s cheek was from a bullet entry.

Woods v. City of New Orleans

2003 La.App. 4 Cir. 1776 · Louisiana Court of Appeal · Mar 31, 2004

The RTA qualifies this reduction by subtracting a bill for Ms. … Christopher Marrero, established that it is possible that Ms. Woods may require a knee replacement in the future. However, Dr.

Opinion Number

Louisiana Attorney General Reports · Jul 6, 2001

The statute clearly states All Necessary and Unavoidable expenses , be paid by the police jury." … In that case, a lawyer qualified for, and was elected, Coroner for the Parish of St. Landry. He then brought a lawsuit against the St.

Dual Drilling Co. v. MILLS EQUIPMENT INVS., INC.

705 So. 2d 1246 · Louisiana Court of Appeal · Jan 7, 1998

wrong based on the evidence, or clearly without evidentiary support. … The testimony clearly establishes that this rig was one of only 18 of its type ever manufactured, and no general after-market exists from which a used replacement might be obtained.

State v. White

178 La. 98 · Supreme Court of Louisiana · Oct 30, 1933

The jury returned a qualified verdict and, after the refusal by the trial court of a new trial, the accused was sentenced to life imprisonment, at hard labor, in the state penitentiary. … As to the purpose of the defendant in covering up the arsenic, if, in fact, it was covered up, the question clearly called for the opinion of the witness.