Case law

Trahan v. CITY OF JENNINGS, ETC.

411 So. 2d 1242 · Louisiana Court of Appeal · Mar 10, 1982

Thus, as department personnel qualify for higher positions by taking the requisite examinations, such higher ranks are reflected in the chain of command. … Further, plaintiff's own testimony clearly establishes that he had knowledge that his contact with the media regarding police business absent permission from his superior officers was proscribed by the applicable rules and

State v. Hernandez

478 So. 2d 1326 · Louisiana Court of Appeal · Nov 12, 1985

The record clearly shows that defense counsel did not object to the testimony of any of these witnesses. … Accordingly, we cannot say the trial judge clearly abused his discretion; therefore, we find no merit in this assignment.

Easton v. Chevron Industries, Inc.

602 So. 2d 1032 · Louisiana Court of Appeal · May 28, 1992

The question of causation is largely factual in nature and will be upheld by an appellate court unless it is clearly wrong and unsupported by a preponderance of the evidence. Youngblood v. … They point out the inequity that results from not considering the immune employer's fault when comparing fault with a third party tortfeasor.

Ouachita Parish Police Jury v. AM. WASTE AND POLLUTION CONTROL CO.

606 So. 2d 1341 · Louisiana Court of Appeal · Oct 14, 1992

This is so regardless of whether the substance qualifies as RCRA "hazardous waste." … On the contrary, it has proved the violation sufficiently to establish a prima facie case against American Waste.

Scarbrough v. J. Ray McDermott

2002 La.App. 4 Cir. 1235 · Louisiana Court of Appeal · Nov 20, 2002

Stumpfs affidavit in which he attests to the following facts that clearly establish J. Ray Vessels’ lack of minimum contacts with this state; to wit: • It is a foreign corporation registered in the Cayman Islands. … Ray’s vice-president, notifying the Secretary of State of that change in its principal business establishment. The Secretary of State certified that J. Ray's principal business establishment is in Amelia. .

State v. Dorsey

74 So. 3d 603 · Supreme Court of Louisiana · Sep 7, 2011

In the present case, we find Mouser’s voir dire testimony as a whole clearly shows her willingness to be a fair and impartial juror. … Wilson’s testimony is consistent with the physical evidence and clearly demonstrates he took part in the home invasion.

Cynthia Cannady v. Dr William Yates and Mary Stell, NP

Louisiana Court of Appeal · Apr 10, 2024

R.S. 40:1231.2(B) provides, in pertinent part: *** (2) A health care provider qualified under this Part is not liable for an amount in excess of one … agency has the power to require a medical inspection of the need of each claimant for medical care benefits every six months without a court order and more often with a court order. *** In establishing

Dietze v. Siler

414 F. Supp. 1105 · District Court, E.D. Louisiana · Jun 14, 1976

. § 239 , 1 and proceeded to the merits, ordering plaintiff’s federal license suspended for *1107 three months based on the finding that the charge of negligence was established. … In effect, the language of section 239 establishes a jurisdictional blueprint without which the grant of suspension/revocation authority in 214 must remain inchoate.

North Central Utilities, Inc. v. Consolidated Pipe & Supply Co.

62 F.R.D. 676 · District Court, W.D. Louisiana · Apr 12, 1974

Plastics, Inc., a Mississippi corporation, which has its principal place of business in Mississippi and is not qualified to do business in Louisiana. … La.R.S. 13:3201(d), as interpreted in the cited decisions, clearly renders U. S. Plastics amenable to process.

Phillips v. Wagner

470 So. 2d 262 · Louisiana Court of Appeal · May 13, 1985

The agreement clearly reflects the $8,000 payments for household expenses were in lieu of alimony pendente lite by a formal court judgment. Alternatively Mr. … We agree with the trial court that these expenses were intended to be covered by the original agreement and do not qualify as extraordinary expenses.

United States v. Mack

145 F. Supp. 3d 635 · District Court, M.D. Louisiana · Nov 10, 2015

Specifically, the Fifth Circuit has held: “A person who is stopped or detained illegally is not immunized from prosecution for crimes committed during his detention period.” United States v. … The Defendant claims that his custodial status coupled with clearly coercive police procedures demonstrate that his consent was not voluntary.

Bruno v. Department of Police

451 So. 2d 1082 · Louisiana Court of Appeal · Jun 6, 1984

The evidence clearly shows that no such permission was ever sought or granted. … Martin then withdrew the order to return to work, but reminded Bruno that only a few days before, he had been found fit for duty by a qualified physician.

State v. Oliphant

13 La.App. 3 Cir. 473 · Louisiana Court of Appeal · Nov 20, 2013

The analysts’ certificates — like police reports generated by law | ^enforcement officials — do not qualify as business or public records for precisely the same reason. … The second circuit concluded that the report was clearly testimonial as explained in Melendez-Diaz , but that “[a]s-suming, arguendo, that the report in this case violated the Sixth Amendment, it would still be subject to

Darrin Morgan and Kimberly Kay Morgan, on behalf of their minor child, Layla Rae Morgan, f/k/a Malayshia Denise Kinchen v. State of Louisiana through the Department of Children and Family Services, Leonard Burton and Christel Burton

Louisiana Court of Appeal · Feb 21, 2020

After reviewing the parties' responses to the directives set forth in this court' s show cause order, we conclude that the parties have failed to establish or otherwise show by briefs that the March 29, 2019 judgment is … In the absence of a valid final judgment clearly stating the party or parties in favor of whom the ruling is ordered and the exact relief granted or denied by the judgment, we are constrained to conclude that this court

City Bank & Trust Co. v. White

434 So. 2d 1299 · Louisiana Court of Appeal · Jun 29, 1983

Burden of establishing signature, defenses and due course * * * * * * "(2) When signatures are admitted or established, production of the instrument entitles a holder to recover on it unless defendant establishes a defense … As explained below we find that defendant has established a valid defense.

Lugenbuhl v. Dowling

701 So. 2d 447 · Supreme Court of Louisiana · Oct 10, 1997

"Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging that risk exists and the likelihood of occurrence. … The plain language of the written consent form clearly supports the jury's determination.

State v. Porter

454 So. 2d 220 · Louisiana Court of Appeal · Jun 27, 1984

Andrew Armstrong (qualified as an expert chemist at trial). Dr. … The circumstantial evidence when considered in its totality clearly excludes every reasonable hypothesis other than that the defendants attempted to commit an arson with the intent to defraud their insurer. [3] COUNT TWO

Shanks v. Exxon Corp.

984 So. 2d 53 · Louisiana Court of Appeal · Dec 21, 2007

Pursuant to law, a royalty is a right to share in gross production "free of mining or drilling and production costs," unless expressly qualified by the parties. LSA-R.S. 31:80. … Clearly, this position cannot prevail.

Foster v. Subsea International, Inc.

101 F. Supp. 2d 454 · District Court, E.D. Louisiana · Jul 27, 1998

Clearly, the definition of “insured” does not include “Alternate Employer’s.” … The American Empire insurance policy at issue clearly excludes coverage for longshoremen. Rec. Doc. No. 65 Ex. “E” pp. 1-2.

Lenard v. Dilley

805 So. 2d 175 · Supreme Court of Louisiana · Jan 15, 2002

The privileges afforded the EMT under the statute, to respond quickly and efficiently to an accident victim, clearly foster social utility. … Plaintiff argues that the phrase "due regard" in subsection *180 D establishes a "general negligence standard" for drivers of emergency vehicles.