Case law

State ex rel. Algiers Brewing Co. v. King

46 La. Ann. 490 · Supreme Court of Louisiana · Apr 15, 1894

He further returns that, in his opinion, the testimony taken in pursuance of said order established the fact that great loss and injury would be entailed upon the corporation and its property by *495 the proposed appeal of … Fashion, 10 An. 345, the principle is stated clearly. “The expressions of the article (O.

In re Anderson

267 So. 3d 1158 · Louisiana Court of Appeal · Dec 13, 2018

Anderson further notes that LSA-R.S. 40:1231.8(A)(2)(b) 4 establishes *1161 a mailbox rule for the filing of a complaint and, thus, logic dictates that this same rule should apply to the payment of the fee, as both subsections … Rather, the cases cited by the PCF address what actions may be taken by the PCF Board where the filing fees clearly and undisputedly were not timely paid. See Latiolais v. Jackson , 2006-2403 (La.

In re Anderson

267 So. 3d 1158 · Louisiana Court of Appeal · Dec 13, 2018

Anderson further notes that LSA-R.S. 40:1231.8(A)(2)(b) 4 establishes *1161 a mailbox rule for the filing of a complaint and, thus, logic dictates that this same rule should apply to the payment of the fee, as both subsections … Rather, the cases cited by the PCF address what actions may be taken by the PCF Board where the filing fees clearly and undisputedly were not timely paid. See Latiolais v. Jackson , 2006-2403 (La.

Scott v. UNUM Life Insurance Co. of America

80 So. 3d 740 · Louisiana Court of Appeal · Dec 19, 2011

Penalty and attorney fees Unum argues that the trial court was clearly wrong in finding that La. R.S. 22:1821 was violated and that a penalty and attorney fees were warranted. … The party claiming entitlement to penalties and attorney fees bears the burden of proving that the insurer had sufficient proof that payment on a claim was due as a basis for establishing that *751 the insurer was arbitrary

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. .

McNeely v. National Tea Co.

653 So. 2d 1231 · Louisiana Court of Appeal · Mar 28, 1995

The criminal statute unequivocally does not include damage to merchandise. [3] The case at bar can be factually distinguished in that there were clearly batteries contained in the package before it was opened. … McNeely was subjected to further detainment and questioning after her innocence was established.

State v. Davis

154 La. 295 · Supreme Court of Louisiana · Jan 2, 1923

That some of the jurors drawn are not qualified is not per se good ground for setting aside the panel. … The trial of the charge for the violation of the city ordinance pending on appeal is necessarily before the district judge, and that such a charge is not a crime against the state is well established.

Lacey v. Baywood Truck & MacHinery

381 So. 2d 863 · Louisiana Court of Appeal · May 9, 1980

To prove the theoretical price to which the actual sale price should be reduced, a plaintiff attempts to establish the fair value as of the time of the sale, if the defects had been known. … A diminution of the price to zero is clearly erroneous. There was testimony that the salvage value of a truck of that type was $5,000. The new dump bed alone cost Baywood $3,100.

State v. Juniors

915 So. 2d 291 · Supreme Court of Louisiana · Nov 29, 2005

Defendant contends the trial court erred in excluding the letter, arguing it was clearly admissible as impeachment evidence attacking Williams' credibility. … As the transcript of defendant's guilty plea colloquy clearly reflects, all constitutional requirements for accepting defendant's guilty plea were satisfied.

State of Louisiana v. Dolan McGinnis

Louisiana Court of Appeal · Mar 11, 2020

There are no qualifying provisions in the statutes; thus, under the provisions of La. R.S. 14:11, the term “intentional” refers to “general criminal intent.” … Further, jurisprudence clearly provides that the crime of aggravated battery is a general criminal intent crime. See State v.

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.

Akula v. Cassidy

District Court, E.D. Louisiana · Apr 10, 2024

from suit pursuant to the doctrines of absolute, qualified, or sovereign immunity, and because Plaintiff’s claims are now barred under Heck v. … Humphrey, the Supreme Court established that, before ruling on a Section 1983 claim to recover damages for “harm caused by actions whose unlawfulness would render a conviction or sentence invalid,” “the district court must

DePaul Hospital v. Every

96 La.App. 5 Cir. 39 · Louisiana Court of Appeal · Aug 28, 1996

He felt that she was clearly not a candidate for a full-time job. … However, he qualified his statement in his letter to the rehabilitation counsel by his testimony at trial. At trial, Dr. Manale stated that Every needs a FCE to determine the extent of her disability.

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.

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.

Durant v. Gretna City

District Court, E.D. Louisiana · Aug 27, 2021

Gretna, Chief Lawson, and “Unidentified Parties.”14 On November 4, 2019, Defendants filed a motion for summary judgment asserting qualified immunity.15 On January 17, 2020, the Court granted in part and denied in part Defendants … Defendants sought interlocutory review of this Court’s denial of qualified immunity, which the Fifth Circuit affirmed on September 23, 2020.16 On July

Williams v. James

34 F. Supp. 61 · District Court, W.D. Louisiana · Jul 26, 1940

The venue in this case is clearly established as the plaintiffs have residence in this district. Judicial Code, Section 51, 28 U.S.C.A. § 112 (a). … We have been unable to imagine a factual situation where Rule 4 (f) could be applied at all, if it be qualified 'as being of substantive jurisdiction and as not being merely procedural.

Everhardt v. LOUISIANA DOTD

978 So. 2d 1036 · Louisiana Court of Appeal · Feb 20, 2008

The diaries establish that the shoulder was not brought up to *1043 grade until 6 July 1998. … that the fact finder is clearly wrong or manifestly erroneous.

Edwards v. Sawyer Industrial Plastics, Inc.

739 So. 2d 856 · Louisiana Court of Appeal · Jun 18, 1999

Thus, the workers’ compensation judge was clearly wrong in concluding that the claimant was permanently and totally disabled pursuant to LSA-R.S. 23:1221(l)(c). … To qualify for supplemental earnings benefits, a plaintiff is required to prove by a preponderance of the evidence that a work-related injury resulted in the inability to earn 90% or more of the pre-injury wages.

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