Case law

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

Crooks v. Department Of Natural Resources

263 So. 3d 540 · Louisiana Court of Appeal · Dec 28, 2018

The district court erred in its application of the multi-factor test established by the Louisiana Supreme Court in State v. … Michael Mayeaux was qualified as an expert in the field of land surveying.

Jefferson Parish Firefighters Association v. Louisiana Board of Ethics

District Court, E.D. Louisiana · Apr 15, 2025

To obtain a preliminary injunction, a movant must establish: (1) a 59 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. … . . . a plaintiff must name individual state officials as defendants in their official capacities.”90 Because “the City clearly named only the ‘Texas Workforce Commission,’ a state agency immune to suite,

Williams v. E.I. du Pont de Nemours & Co.

180 F. Supp. 3d 451 · District Court, M.D. Louisiana · Apr 11, 2016

The high court referred to “material adversity” because: An employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and … And requiring a doctor’s note is certainly not an ultimate employment decision so as to qualify as an ad *464 verse employment action for purposes of a discrimination claim.

Hair v. City of Baton Rouge

297 So. 2d 451 · Louisiana Court of Appeal · Sep 20, 1974

For the reasons hereinafter stated, we do not deem it necessary to decide whether the sums spent were repairs or improvements to qualify for the statutory option under La. R.S. 41:1217. … The only statute relating to airport leases on the books at the time the Airport Commission was established was the Uniform Airports Act.

State v. Harris

79 So. 3d 1248 · Louisiana Court of Appeal · Dec 9, 2011

The state clearly proved that the defendant committed malfeasance. DECREE The defendant’s conviction and sentence are AFFIRMED. 1 . … 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

Rickey v. United States

427 F. Supp. 484 · District Court, W.D. Louisiana · Nov 16, 1976

Although this Article by its terms creates only a right in the corporation to have the first chance to redeem such shares, testimony at the trial clearly established that all the shareholders considered the corporation obligated … It was not until the 1973 case of Estate of Crawford, supra, that a court had clearly held that an estate could file such an agreement.

Miley v. La. Farm Bureau Cas. Ins. Co.

599 So. 2d 791 · Louisiana Court of Appeal · Feb 21, 1992

He was qualified as an expert witness in the fields of traffic engineering and accident reconstruction. He was the only witness so qualified to testify at the trial. … In holding that the jury verdict was not clearly wrong, the Magee court observed, in pertinent part, as follows at 598 So.2d at 537 : The jury was clearly entitled to find that plaintiffs failed to meet their burden of proof

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.

State v. Williams

458 So. 2d 1315 · Louisiana Court of Appeal · Oct 9, 1984

The standard established by La.C. … Furthermore, the remarks were clearly an appeal to the emotions of the jurors.

Beno's, Inc. v. Professional Gaming Technology

1 La.App. 3 Cir. 0436 · Louisiana Court of Appeal · Oct 3, 2001

(PGT), a corporation in the business of placing and operating video poker devices in qualified commercial establishments, wherein it gave PGT the exclusive right to place and operate video poker devices in Beno’s “business … The renewal agreement at issue in this litigation clearly and explicitly provides for a five-year term “commencing on the date [the renewal agreement] is signed.” (Emphasis added).

State v. Housley

117 So. 3d 1288 · Louisiana Court of Appeal · Jun 26, 2013

Olivia Thornhill Jones was qualified as an expert “sexual assault examiner.” … Monnie Malakhai was qualified as an expert in the field of DNA analysis.

Abraham v. Richland Parish Hospital Service District 1-B

938 So. 2d 1163 · Louisiana Court of Appeal · Aug 23, 2006

In order to establish a cause of action for monopoly, the pleadings must state facts sufficient to show that defendant (1) possessed monopoly power in a clearly defined economic and geographic market (the relevant market) … However, the federal court dismissed the federal antitrust claim on the grounds that the defendants were entitled to immunity from federal antitrust suits.

International Brotherhood of Boilermakers v. Delta Southern Co.

602 F. Supp. 625 · District Court, M.D. Louisiana · Jan 21, 1985

While the dispute may not have arisen until after termination of the employment relationship, it clearly arose from the employment relationship. … holding to a defense “aris[ing] solely during the course of the judicial process [involving] whether the judicial process has been abused by either party or at all or whether an equitable defense to the main dispute has been established

Rodriguez

District Court, E.D. Louisiana · Apr 30, 2026

(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … Plaintiff’s vague allegations do not establish that he is a qualified individual with a disability.

Gray v. Hartford Accident & Indemnity Co.

31 F. Supp. 299 · District Court, W.D. Louisiana · Feb 2, 1940

Moreover, and finally, the following language from the Quatray case qualifies definitely the holding of Sincer v. … Also, all related matters growing out of one occurrence, this highway accident, will be settled, definitely and clearly, in one action.

State v. Woods

2001 La.App. 4 Cir. 1995 · Louisiana Court of Appeal · Oct 30, 2002

Richard Tracy, qualified by stipulation as an expert in the field of pathology, performed an autopsy on the victim. … Officer Byron Winbush was qualified by stipulation as an expert in field of ballistics and firearms examination.

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 .

Montgomery v. C & C SELF ENTERPRISES, INC.

10 La.App. 3 Cir. 705 · Louisiana Court of Appeal · Mar 30, 2011

To reverse the trial court's judgment, this court must conclude: (1) that the record contains no reasonable factual basis for the trial court's finding; and, (2) that the record establishes trial court's finding clearly wrong … Therefore, the record contains a reasonable factual basis for the trial court's conclusion, and the record does not establish that the trial court's findings were clearly wrong.

Martin v. Blackburn

521 F. Supp. 685 · District Court, E.D. Louisiana · Aug 12, 1981

The state court record together with the evidence adduced at the federal evidentiary clearly establishes that this allegation is without foundation. … The evidence clearly established that when Martin went to Todd’s trailer on Sunday evening, he did so with the intent to shoot Todd.