Case law

United States v. State of La.

718 F. Supp. 525 · District Court, E.D. Louisiana · Aug 4, 1989

Thus, Southern's invocation of the clearly erroneous rule is inapposite. … The Court has endeavored to appoint a qualified Monitoring Committee with geographical and racial diversity. As a Louisiana resident and educator, Dr.

Chatelain v. Southern Baptist Health Systems

907 F. Supp. 206 · District Court, E.D. Louisiana · Nov 27, 1995

Here the plan was established by the employer to provide medical, surgical or hospital care benefits through the purchase of health insurance. … Further, this plan qualifies as an ERISA employee benefit plan. 6 ERISA applies to employee benefit plans maintained “by any employer engaged in commerce or in any industry or activity affecting commerce.” 29 U.S.C. § 1003

State v. Bussa

176 La. 87 · Supreme Court of Louisiana · Nov 28, 1932

The prescription of one year in criminal prosecutions is established by section 986 of the Revised Statutes as amended by Act No. 73, .of 1898. The period thus fixed is not .changed by the Code of Criminal Procedure. … The change in the law, to which defendant refers, is clearly a change in the pleading, that is, in the procedure, required in criminal prosecutions.

United States v. Bradford

148 F. 413 · District Court, E.D. Louisiana · Dec 23, 1905

Even if it were true that to sustain the indictment in this case it was requisite to show that the carrying out of the conspiracy was to cause pecuniary loss, to the United States, I am satisfied the proof established that … But, conceding, arguendo, what is clearly untrue, viz., that a collateral attack was permitted in this cause, what then ?

Trotter v. Ruff

District Court, W.D. Louisiana · Jul 9, 2025

Courts are also afforded the unusual power to pierce the veil of the factual allegations and dismiss those claims whose factual contentions are clearly baseless. … Here, Shreveport Police Department does not qualify as a juridical person. See Cozzo v.

Kennedy-Fagan v. Estate of Graves

2007 La.App. 1 Cir. 1062 · Louisiana Court of Appeal · Jul 21, 2008

all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity … Based on these limited facts, I do not believe that the evidence clearly established that Ms. Graves consented to her own death immediately prior to the murder/suicide.

Chauvin v. Chevron Oronite Co., LLC

263 F.R.D. 364 · District Court, E.D. Louisiana · Sep 30, 2009

However, the numerosity requirement does not require the plaintiff to establish the exact number of potential class members. Id. … Consequently, typicality appears to be established at this time.

LA. CRAWFISH PRODUC. v. Amerada Hess Corp.

935 So. 2d 380 · Louisiana Court of Appeal · Jul 12, 2006

Fishermen's inability to establish a private property interest in free-swimming corporeal fish has precluded recovery under this theory. Douglas F. … under the law of delictual obligations . . ., but not for violation of obligations established by Articles 667 and 668."

Michael Gros v. Fred Settoon, Inc.

Louisiana Court of Appeal · Dec 23, 2003

The Administrative Law Judge found Gros’ injury upon navigable waters was sufficient -1- to qualify him for benefits under the LHWCA. … Furthermore, imposing such a bar would result in subjecting to suit an employer who immediately and voluntarily begins compensation payments while immunizing from suit an employer who forces his employee

State v. Brown

627 So. 2d 192 · Louisiana Court of Appeal · Nov 17, 1993

However, the record clearly reveals Sabrina had no solid recollection of when or if these sexual acts occurred after the month of April, 1991. … I submit the following subsections of § 209 of the guidelines qualify as sufficiently aggravating to allow a departure: 2.

Opinion Number

Louisiana Attorney General Reports · Jul 25, 2005

Allen, 382 So.2d 924 (La. 1980), found that the Constitution (Art. 10, §§ 16-20) clearly establishes a system of classified fire and police civil service in all towns of a certain size and in all parishes and fire protection … Allen, 382 So.2d 924 (La. 1980), found that the Constitution (Art. 10, §§ 16-20) clearly establishes a system of classified fire and police civil service in all towns of a certain size and in all parishes and fire protection

Douglas Bienvenu v. 1 and 2 87184 C/W John Doe v. 1 and 2 87515

Supreme Court of Louisiana · Mar 22, 2024

R.S. 9:2800.9 retroactively by reviving previously prescribed claims is clearly and explicitly stated in Act 386. … To the extent any case contradicts this established law, I would overrule it.

Louisiana Mun. Ass'n v. State

773 So. 2d 663 · Supreme Court of Louisiana · Oct 6, 2000

A party challenging the constitutionality of a statute must establish that the statute violates a specific constitutional provision. Matter of American Waste & Pollution Control Co., 588 So.2d 367 (La.1991). … Moreover, this result is at odds with the purpose of the amendment which, as clearly shown by its legislative history, was not concerned with local taxes.

Poland v. American Mutual Insurance

409 So. 2d 1292 · Louisiana Court of Appeal · Jan 25, 1982

An odd lot claimant need not be absolutely helpless to qualify for total! disability. … We consider the evidence clearly establishes a prima facie case for his classification in the odd lot category as plaintiff’s pain and disability appreciably limit the types of work available to him and greatly diminish his

State v. Johnston

546 So. 2d 1231 · Louisiana Court of Appeal · Jun 20, 1989

He was clearly serving a sentence under color of law. … Helm was allowed to give opinion testimony without the proper foundation first being established.

Lafayette Steel Erector, Inc. v. Constance

13 La.App. 3 Cir. 1367 · Louisiana Court of Appeal · Apr 16, 2014

Where there are two permissible views of the evidence, a factfinder’s choice between them can never be manifestly erroneous or clearly wrong. Id. … Constance further submits 112that he is not qualified for the jobs offered given his advanced age, his lack of office and computer skills, and his educational level. 3 The WCJ determined that Appellants’ improperly converted

Quincy L. Cawthorne v. Jace Fogleman

Louisiana Court of Appeal · Feb 6, 2013

For the expert‟s testimony to qualify as knowledge which would assist the trier of fact, it must meet four criteria originally established in Daubert v. … It was within the trial court‟s discretion to rule that Lock was qualified to render expert testimony in his field of accident reconstruction. This was not clearly erroneous.

State v. Berryhill

562 So. 2d 1105 · Louisiana Court of Appeal · May 31, 1990

With exception provided in Art. 405(B), character may not be established by proof of specific instances. … The admission of her testimony was clearly erroneous. The identification of the defendant as the perpetrator of the crime in this case was based solely upon the testimony of Darlene Belton.

State v. Barnes

491 So. 2d 42 · Louisiana Court of Appeal · Jun 2, 1986

However, in a non-homicide case, the Louisiana Supreme Court clearly considered the justification defense of aggravated assault to be an affirmative one. State v. … Although a sentence is clearly within the limits established by statute, it may be held to be excessive. State v. Sepulvado, 367 So.2d 762 (La.1979).

Johnson v. Louisiana Power & Light Co.

98 La.App. 4 Cir. 2271 · Louisiana Court of Appeal · Jun 9, 1999

Dick, M.D., a neurologist previously qualified as an expert in a civil case in this state, who treated plaintiff. Dr. … wrong based on the evidence, or clearly without evidentiary support.