Case law

State v. Murphy

2015 La.App. 1 Cir. 1326 · Louisiana Court of Appeal · Apr 15, 2016

Further, the eighteen-foot tall structure with a padlocked gate was clearly designed to keep the public out and to allow for employee-access only. … Undeniably, the defendant was not given permission to enter this area; to the contrary, the cut padlock via bolt cutters established the defendant entered a prohibited area.

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

Hotard v. Murphy

11 La.App. 5 Cir. 1143 · Louisiana Court of Appeal · May 31, 2012

That opinion, however, was qualified on Mrs. Hotard’s misrepresentation that she had not sustained any previous shoulder injury. Thus, the workplace fall was the only acute trauma upon which Dr. … The findings of the OWC will not be set aside by a reviewing court unless they are found to be clearly wrong in light of the record viewed in its entirety. Dean, supra.

St. Augustine High School v. Louisiana High School Athletic Ass'n

270 F. Supp. 767 · District Court, E.D. Louisiana · Jul 6, 1967

state facilities, the more he associates himself with state officials and agencies acting in their official capacities, the more he uses and relies on state power to achieve his ends, then the more surely he forfeits the immunity … The authority for this allowance of a class action with respect to this one specific issue is clearly contained in new Rule 23(c)(4)(A).

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.

Rideau v. State Farm Mut. Auto. Ins. Co.

2006 La.App. 1 Cir. 0894 · Louisiana Court of Appeal · Aug 29, 2007

Minors who are incapable of discernment are immune from being found legally at fault. … Ward was not clearly wrong. Since we agree with the allocation of 60 percent of the fault to Mr.

State v. Smith

777 So. 2d 584 · Louisiana Court of Appeal · Dec 20, 2000

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 doubt that defendant was guilty … In the absence of qualifying provisions, the term "intent" refers to "general criminal intent." La.R.S. 14:11.

Cooper v. Lafayette Parish School Board

16 La.App. 3 Cir. 169 · Louisiana Court of Appeal · Nov 23, 2016

The salary schedule at issue clearly sets forth that the salaries are to be computed based on a 244 day year. … It shall be the responsibility of the superintendent to ensure that all persons have proper certification, as applicable, and are qualified for the position. Dr.

In Re: Gregory F. Williams, Sr.

218 So. 3d 1009 · Supreme Court of Louisiana · Dec 6, 2016

The court record clearly reflects respondent’s presence at all times during the sentencing proceeding. … This crime is a felony under federal law and clearly warrants serious discipline.

Louisiana College v. Sebelius

38 F. Supp. 3d 766 · District Court, W.D. Louisiana · Aug 13, 2014

Alternatively, Defendants argue that any burden is too attenuated to qualify as substantial. D. … GuideStone established the GuideStone Plan as a multiple-employer, self-insured health plan that qualifies as a "church plan” and thus is not subject to ERISA.

Parker v. Centenary Heritage Manor

677 So. 2d 568 · Louisiana Court of Appeal · Jun 26, 1996

that the finding is clearly wrong (manifestly erroneous). … The jury's verdict is not clearly wrong or manifestly erroneous.

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.

Evans v. DeRidder Mun. Fire

815 So. 2d 61 · Supreme Court of Louisiana · Apr 3, 2002

Even though he was not yet a suspect in Prater's murder, Pickens' first statement clearly indicated that he had a motive to kill Prater. … Clearly the Creadeur court recognized as much.

Guillot v. Guillot

14 La.App. 3 Cir. 364 · Louisiana Court of Appeal · Dec 23, 2014

The majority also finds the record establishes Reece was wrong to follow Wayne to his home and confront him in his own driveway. … Nor does the evidence establish that Wayne impliedly consented to the batteries perpetrated by Reece and Benjamin.

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.

Held v. Aubert

845 So. 2d 625 · Louisiana Court of Appeal · May 9, 2003

If the scope of a law is not clearly stated, interpretation of the law is essentially a search for the legislative intent. Fontenot v. … A qualified health care provider is not liable for damages from injuries or death in excess of $100,000.00, plus the interest arising from those awards. La. R.S. 40:1299.42 B(2).

Churchman v. Ingram

56 So. 2d 297 · Louisiana Court of Appeal · Dec 15, 1951

But it is strenuously urged by diligent counsel for defendant that under the established jurisprudence of the Texas laws, legal title alone does not establish ownership. … In answer to this we simply point out that the determination of ownership is a conclusion of law which must be based upon established facts.

SIEMENS BLDG. TECHNOLOGIES v. Jefferson Parish

298 F. Supp. 2d 415 · District Court, E.D. Louisiana · Jan 9, 2004

Plaintiffs decision *421 to purchase and install the HVAC clearly stemmed from its contract with Towers, as did any financial obligation due Siemens as a result of its work. … Therefore, this Court holds that a public works contract existed between Siemens and Towers and that Siemens consequently qualifies as a “claimant” pursuant to La. R.S. 38:2242.

Administrators of Tulane Educational Fund v. Debio Holding, S.A.

177 F. Supp. 2d 545 · District Court, E.D. Louisiana · Oct 24, 2001

Debiopharm, on the other hand, argues that the phrase “in the manner provided in the License Agreement,” qualifies the entire royalty payment provision. … There is clearly a genuine issue of material fact as to whether the parties intended to incorporate wholly the royalty payment provisions in the original license agreement, or whether they intended to establish an separate

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.