Case law

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.

West v. Gajdzik

425 So. 2d 263 · Louisiana Court of Appeal · Dec 22, 1982

Article 3521 provides that prescription runs against all persons unless they are included in some exception established by law. … He also advised defendant that she would have no duty to contact plaintiff, regarding her father's death, if she did not qualify as executrix of decedent's will.

Cassandra Crow v. Richard Foster and The State of Louisiana, through the Department of Transportation and Development

Louisiana Court of Appeal · Nov 6, 2024

Plaintiff also asserted that the motor grader qualifies as a motor vehicle pursuant to La. … is clearly wrong.

State v. Harris

406 So. 2d 128 · Supreme Court of Louisiana · Nov 16, 1981

As we said: "Only the court, not the doctor, is qualified to make this decision." 345 So.2d at 1138 . … Acceptance of defendant's guilty pleas under these circumstances was clearly contrary to the law, and, we determine in this type of situation at least, not correctable retroactively.

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.

Jacquet

District Court, E.D. Louisiana · Nov 25, 2025

income sources (including social security or unemployment payments4) and the demands on her financial resources, including whether expenses are discretionary or mandatory.5 While one need not be absolutely destitute to qualify … ‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional’ . . .

King v. Thompson Meat Packing

District Court, E.D. Louisiana · Aug 8, 2025

does not exist.”3 A factually frivolous claim alleges only facts that are “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional’ . . . … Timeliness Only Deputy Casey could qualify as proper defendant for a § 1983 claim.

Landreneau v. St. Landry Parish Police Jury

355 So. 2d 978 · Louisiana Court of Appeal · Dec 20, 1977

“Classification plan” means all the classes or positions established for the classified service. … It could hardly be the intention of the statute that the in-charge requirement would call for a captain to be present on the truck solely to chaperone the driving of an otherwise qualified driver.

Dubea v. Roy

200 So. 2d 744 · Louisiana Court of Appeal · Jun 29, 1967

We think the evidence fails to establish that the tree in plaintiff’s front lawn was damaged. … The evidence, we think, fails to establish that there will be a loss of income from the beauty shop as a result of the 1966 accident.

State v. Griffin

540 So. 2d 1144 · Louisiana Court of Appeal · Feb 28, 1989

The record clearly establishes that the trial court did not consider the motion in question and defendant did not re-urge the motion in question. … Darwin Givins' testimony about the victim's last statements was admissible because the statements would qualify as "excited utterances" and "dying declarations." See, State v.

Doyle v. Picadilly Cafeterias

576 So. 2d 1143 · Louisiana Court of Appeal · Mar 13, 1991

It is well-established in our jurisprudence that a trial court has wide discretion in acting upon a motion for continuance. … In the instant case, in light of the standard set out above, we cannot say that penalties for frivolous appeal are clearly due here.

Davis v. Contorno

234 So. 2d 470 · Louisiana Court of Appeal · Apr 13, 1970

It also clearly states that amounts paid for a particular period pursuant to order of either court shall be credited against amounts accruing or accrued for the same period under both decrees. … The legislature, in its wisdom, may grant, withhold, qualify or restrict the right to such a defense as it sees fit.

State, Department of Transportation & Development v. Regard

567 So. 2d 1174 · Louisiana Court of Appeal · Oct 3, 1990

The expert testimony established that after taking the 56.15 acres, 864.751 acres remained north of 1-49, and 444.099 acres remained south of 1-49. … After thoroughly researching the issue presented, we find that the trial court’s award of an additional $23,435 was clearly wrong. See St. Through Dept. of Hwys. v.

Sims-Smith, Ltd. v. Stokes

466 So. 2d 480 · Louisiana Court of Appeal · Feb 11, 1985

Defendant, who contracted to advise plaintiff in the development, opening and establishment of the store, has appealed. … We find no error in the trial judge's refusal to qualify as an expert the witness defendant offered to prove the value of her services. That individual, Ms.

Louise Kaltenbaugh, ph.D. and Kathernie Robinson, ph.D. v. Board of Supervisors, Southern University and Agricultural and Mechanical College at Baton Rouge (Southern University at New Orleans Campus)

Louisiana Court of Appeal · Oct 23, 2019

that the finding is clearly wrong (manifest error). … The Board conceded that each of the Plaintiffs were qualified faculty members in the areas for which they were employed prior to Hurricane Katrina.

Kelty v. Brumfield

691 So. 2d 242 · Louisiana Court of Appeal · Mar 12, 1997

Brumfield, a qualified health care provider, induced labor by injecting Mrs. Lynn Kelty with Pitocin. Mrs. … statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Arbitrary or capricious or characterized by abuse of discretion or clearly

State v. Broussard

16 La.App. 3 Cir. 974 · Louisiana Court of Appeal · Jun 13, 2017

are a means of “ ‘eliminat[ing] extremes of partiality on both sides,’,.. thereby ‘assuring the selection of a qualified and unbiased jury.’ ” Holland v. … While peremptory challenges are one means of assuring the selection of a qualified and unbiased jury, the U.S.

State v. Tonubbee

420 So. 2d 126 · Supreme Court of Louisiana · Oct 21, 1982

, the trial judge did not clearly abuse his discretion in concluding that the probative value overcame any possible prejudicial effects. … Reno's testimony about defendant's conversation does not qualify as hearsay because it was not introduced to prove the truth of the matters asserted. "...

Donna D. Johnson, Et Ux. v. State of Louisiana, Dept. of Transportation & Development

Louisiana Court of Appeal · Feb 15, 2012

We are compelled to review the record in its entirety to determine whether the jury‟s finding was clearly wrong or manifestly erroneous. Id. … His own testimony demonstrates that he is indeed qualified to be an expert on that subject, and has been qualified as such by courts in the past.

State of Louisiana v. Davieontray Lee Breaux

Supreme Court of Louisiana · May 9, 2025

It is well established that “[t]he legislature is presumed to enact each statute with deliberation and with full knowledge of all existing laws on the same subject. … The issue recognized in even older jurisprudence applying the relevant provisions of the prior 2 constitution were clearly based on the practical problems of combining a case with