Case law

Bach v. Board of River Port Pilot Commissioners

193 So. 3d 355 · Louisiana Court of Appeal · May 12, 2016

The correct defendant clearly got notice of the plaintiffs suit within the prescriptive period. Ms. … Clearly, in this case, the Consent Agreement is an existing, enforceable contract. . Mr.

Heirs of Gremillion v. Rapides Parish Police Jury

480 So. 2d 748 · Louisiana Court of Appeal · Mar 21, 1986

A Police Jury's property is immune from seizure for purposes of satisfying judgments against it. See Foreman v. … Appeals are favored, and damages for frivolous appeals are not granted unless they are clearly due. Hebert v. Knoll, 370 So.2d 151 (La.App. 3rd Cir.1979).

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.

Taylor v. Fishing Tools, Inc.

274 F. Supp. 666 · District Court, E.D. Louisiana · Oct 16, 1967

. ■ It sought -therefore to establish the essential constitutional basis for the statute’s application by relating coverage to accidents occurring in Louisiana. … But the statute merely gives a claimant a direct right of action against the liability insurer when he has a cause of action against the insured, or where the insured would be liable but for an immunity personal to him. *

State v. Callahan

47 La. Ann. 444 · Supreme Court of Louisiana · Jul 1, 1895

Or, put in other words, it is that laying the basis for the impeachment of an accomplice constitutes him a witness, entitling him to all the privileges and immunities of a witness. … The judge’s ruling was clearly erroneous, and the accused is entitled to relief.”

Bourgeois v. AP Green Industries, Inc.

716 So. 2d 355 · Supreme Court of Louisiana · Jul 8, 1998

Thus, when a defendant's tortious act causes someone bodily harm, be it a broken arm or asbestosis, the law clearly affords recovery. … Hansen, 858 P.2d at 979, n. 12 . (5) The monitoring procedure has been prescribed by a qualified physician and is reasonably necessary according to contemporary scientific principles.

Bruce v. Ford Motor Co.

13 La.App. 3 Cir. 179 · Louisiana Court of Appeal · Dec 18, 2013

An appellate court may not set aside a trial court’s finding of fact absent manifest error or unless the fact finder is clearly wrong. Lewis v. … Bruce’s primary complaint of the engine surging, there is ample evidence in the record establishing what the trial court described as a “litany” of problems.

State, Dept. of Highways v. Beaird-Poulan, Inc.

292 So. 2d 842 · Louisiana Court of Appeal · Jun 7, 1974

The burden is placed upon the landowner to establish that the land expropriated had a greater value than the amount deposited in the registry of the court; his burden extends likewise to the *845 establishment of severance … One of the firmly established principles of our law is the concept that special laws prevail over a general law.

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.

Successions of Ethridge

30 So. 2d 147 · Louisiana Court of Appeal · Apr 23, 1947

Louisiana, prayed for appointment as administratrix of the Successions of Alex and Mary Ethridge, and after advertisement and proper proceedings the prayer was granted, letters of administration were issued, and she was duly qualified … Consideration of these enumerated elements of the judgment leads us to the conclusion that the decree numbered (1) above is of importance only as establishing the basis of the right of plaintiff in rule to the issuance of

Roberts v. Boulmay

186 So. 2d 188 · Louisiana Court of Appeal · May 2, 1966

McAdams, who also qualified as a floor covering expert, testified that the cost of a new carpet over the old pad would be $140. … Norris, the pest control expert, since plaintiff failed to establish any material fact by this witness.

Senior

District Court, E.D. Louisiana · Feb 3, 2026

income sources (including social security or unemployment payments4) and the demands on his financial resources, including whether expenses are discretionary or mandatory.5 While one need not be absolutely destitute to qualify … Millender, 565 U.S. 535, 132 S.Ct. 1235, 1244–1251, 182 L.Ed.2d 47 (2012) (concluding that officers’ reliance on a facially valid warrant entitled them to qualified immunity despite a claim that they lacked probable cause

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.

Succession of Bordelon

14 La.App. 3 Cir. 274 · Louisiana Court of Appeal · Oct 1, 2014

Quillan’s uncontroverted testimony clearly established that the decedent retained the ability to converse normally, despite lacking normal cognitive function. Given Dr. … The record establishes that other family members spent much more time with the decedent than Appellant.

Woods v. Louisiana Special School District

District Court, E.D. Louisiana · Dec 4, 2023

Further, there is no indication that the state of Louisiana has waived its immunity in this case. Accordingly, plaintiff’s ADEA claim is barred by the doctrine of sovereign immunity. … Plaintiff has not met her burden of establishing the Court’s subject matter jurisdiction with respect to this claim.

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.

State v. Rodrigue

441 So. 2d 1274 · Louisiana Court of Appeal · Nov 22, 1983

Aggravated kidnapping is the doing of any of the following acts with the intent thereby to force the victim, or some other person, to give up anything of apparent present or prospective value, or to grant any advantage or immunity … Moore, 432 So.2d 209, 225 (La.1983), the Louisiana Supreme Court held: Although the evidence establishes that the victim was forcibly seized and deprived of his valuables, the essential element of the crime, intent to deprive

Nailor v. International Harvester Co.

430 So. 2d 784 · Louisiana Court of Appeal · Apr 11, 1983

Patricia Crowley, also an IH employee, qualified as an expert in mechanical engineering for the defense. … Since the evidence does not establish that the jury was clearly wrong, the verdict for defendants must be affirmed.

Opinion Number

Louisiana Attorney General Reports · Jul 5, 1975

The Court held that where there was nothing in the record from which the Court could establish that money paid by a public body to an association was for services, such payments would amount to a prohibited grant or donation … Such a loan or donation would be doing indirectly with state funds what is clearly prohibited directly. It is axiomatic that such indirect loans or donations are prohibited if direct loans or donations are prohibited.

Joseph v. R B D C

District Court, W.D. Louisiana · Sep 18, 2024

RDC does not qualify as a juridical person; accordingly, the Court should dismiss Plaintiff’s claims against RDC. 3. … A plaintiff must establish that a prison official “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard for