Case law

U.S. Equal Employment Opportunity Commission v. Council for the Advancement of Social Services and Education d/b/a CASSE Community Health Institute

District Court, W.D. Louisiana · Jan 5, 2026

Chumley’s comment, the third element of the retaliation claim is clearly met. Therefore, the EEOC has established a prima facie case for the retaliation claim. … Therefore, the EEOC has established that Johnson was qualified.

Southlake Dev. v. Secretary, Dept. of Rev.

745 So. 2d 203 · Louisiana Court of Appeal · Nov 5, 1999

R.S. 47:6006, thereby qualifying for the inventory tax credit granted by the statute. 3. … However, exemptions from taxation are strictly construed and must be clearly, unequivocally and affirmatively established. Goudchaux/Maison Blanche, Inc. v. Broussard, 590 So.2d 1159, 1161 (La.1991).

State v. Jones

46 So. 3d 756 · Louisiana Court of Appeal · Aug 11, 2010

The trial court’s admission of an allegedly gruesome photograph will be overturned on appeal only if the prejudicial effect clearly outweighs the probative value. … Though the photographs are not pleasant, they hardly seem to qualify as gruesome. Moreover, the defense merely alleges that the photographs are prejudicial.

Patterson v. Holmes

464 So. 2d 394 · Louisiana Court of Appeal · Feb 26, 1985

TRIAL COURT The court established the boundary line between plaintiffs and Grezaffi as the section line between Section 54 and 55. … With regard to the boundary line between plaintiffs and defendants’ (Grezaf-fi) the chain of title clearly indicated that defendants’ property was located in Section 54 of T-2-S, R-7-E.

Lewis v. St. Charles Parish Hospital District

323 So. 2d 842 · Louisiana Court of Appeal · Dec 9, 1975

Lewis has not sought employment in any of the various fields of endeavor that are clearly open to her. … Furthermore, we find that she is clearly entitled to reimbursement for those proven out-of-pocket medical expenses which our computation indicates amount to a total of $115.68.

Brazan v. Washington

16 La.App. 5 Cir. 61 · Louisiana Court of Appeal · Jun 14, 2016

Thus, Hallmark asserted, the undisputed facts established that Arabie Trucking did not exercise any control over WHY or Mr. … Thus, under the plain language of the nonowned autos provision, the trailer was clearly “used in connection with” Arabie Trucking’s business at the time of the accident.

Wooley v. Lucksinger

961 So. 2d 1228 · Louisiana Court of Appeal · May 4, 2007

In brief, Health Net asserts the following: Health Net's Third Party Claim alleged numerous facts which establish that LDIs [DOI] actions represented to Health Net that it was permissible to sell the Louisiana HMO to AmCareCo … by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable.

Atkinson v. Harbor Homeowners Ass'n

2016 La.App. 4 Cir. 1141 · Louisiana Court of Appeal · May 24, 2017

Thereafter, if the adverse party fails to produce factual support sufficient to establish that it will be able to satisfy its evidentiary burden of proof at trial, no genuine issue of material fact exists, and the movant … The text clearly states that the proxy “shall be valid only for the particular meeting designated therein.” The alleged proxy does not contain a meet *190 ing date on its face, or . anywhere else in the document.

Natchitoches Parish Port Commission v. Deblieux & Kelley, Inc.

760 So. 2d 393 · Louisiana Court of Appeal · Mar 22, 2000

Those powers included doing anything necessary to establish, operate, and maintain a public port. See La.R.S. 34:3153. … All four experts who valued the property are eminently qualified as real estate appraisers.

Etchison Drilling Co. v. Flournoy

131 La. 442 · Supreme Court of Louisiana · Jun 19, 1912

Act No. 254 is “to establish a department of mining and minerals, including oil and gas production,” etc. Act No. 261 establishes the “department of forestry,” etc. … Act No. 254 is entitled: “An act to establish a department of mining and minerals, including oil and gas production,” etc. .

Hanna-Abington Alexandria, Inc. v. BUDD CONST. CO., INC.

487 So. 2d 743 · Louisiana Court of Appeal · Apr 23, 1986

Hixson, a witness for the plaintiff, qualified as an expert in construction engineering but not in soil analysis. … Under these cases, Article 2762 clearly applies to the construction of an asphalt parking lot. "In Worst [Wurst] v.

Jones v. Letcher

District Court, M.D. Louisiana · Sep 6, 2024

Though the Court cannot address qualified immunity on screening, the rationale of Aucoin coupled with the fact that the complaint is verified (R. … Doc. 4, p. 15) likely forecloses the qualified immunity defense on a motion to dismiss. 18 R. Doc. 4, p. 10. 19 Farmer v.

Miller v. City of New Orleans

95 La.App. 4 Cir. 1005 · Louisiana Court of Appeal · Dec 14, 1995

or unless it is clearly wrong. … In order to establish entitlement to these benefits, a claimant must show that because of his injury, he is no longer able to earn wages equal to 90% or more of the wages earned prior to the injury. Schmitt v.

Opinion Number

Louisiana Attorney General Reports · Dec 17, 2008

*Page 3 In the instant case of Slidell Memorial Hospital Foundation, it is the opinion of this office that it would qualify as a quasi-public corporation. … Provided that members of the Board of Commissioners meet the criteria established, they may serve as Trustees.

Brandao v. Wal-Mart Stores, Inc.

803 So. 2d 1039 · Louisiana Court of Appeal · Dec 19, 2001

However, he felt that, before the accident, she was qualified for many office jobs, but that after the accident, the number of jobs she was qualified to perform had been significantly reduced. Dr. … The record establishes, however, that the Brandaos are a close and loving family. Mr.

Utley-James v. State, Div. of Admin.

593 So. 2d 1261 · Louisiana Court of Appeal · Sep 11, 1991

Change Order Number Four clearly provides that the contractor shall bear all costs of any damages, delays and/or additional costs that may have been incurred.... … The record establishes that this clause was not included in the final draft of Change Order Number Four and in fact was completely deleted from the final agreement.

Tony Berard, Et Ux. v. the Lemoine Company, LLC

Louisiana Court of Appeal · Jul 8, 2015

Thus, the statutory employer doctrine through the two contract theory was established to protect the employee, not the principal. Yet, in the matter before us, Lemoine seeks statutory-employer status, not for Mr. … Exhibition Hall Authority, 02- 1072 (La. 4/9/03), 842 So.2d 373, wherein the court stated: A careful reading of the above statutes, especially the highlighted language, reveals that the Louisiana legislature clearly

Smith v. W. Horace Williams Company

84 So. 2d 223 · Louisiana Court of Appeal · Jan 3, 1956

Newman found evidences of the limited fractures, but very clearly stated that the plaintiff could return to work if he was willing to do so. … From what we have already said it clearly appears that in our opinion there was nothing capricious or arbitrary about the refusal to make payment in this case.

Staley-Wynne Oil Corporation v. Loring Oil Co.

182 La. 1007 · Supreme Court of Louisiana · Jul 1, 1935

Clearly the cause of action arose outside of this state and did not arise out of or have any connection with any business transacted by defendant in this state. … As to a cause of action so arising against a foreign corporation, whether it arises ex contractu or ex delicto, whether the foreign corporation has qualified to do business in this state or not, the general rule is that,

State v. Rodgers

202 So. 3d 1187 · Louisiana Court of Appeal · Oct 26, 2016

Ann Troy, a forensic nurse practitioner qualified as an expert in child maltreatment, physical abuse, and sexual abuse, interviewed and examined Jane at the Audrey Hepburn Care Center at Children’s Hospital. Ms. … Clearly, the jury chose to accept the uncontroverted, consistent portions of Jane’s testimony in spite of any alleged inconsistencies therein.