Case law

Kevin Cope and Roger Laine v. Board of Supervisors of Louisiana State University and A&M College

Louisiana Court of Appeal · Aug 4, 2025

Plaintiffs note that to be valid, the plan must be a qualified Social Security replacement plan. … However, where a prior disposition is clearly erroneous and will create a grave injustice, it should be reconsidered.'

Hunter v. R.J. Reynolds Tobacco Co.

2011 La.App. 4 Cir. 1433 · Louisiana Court of Appeal · Apr 11, 2012

That is to say, “abandonment is not meant to dismiss actions on mere technicalities, but to dismiss actions which in fact clearly have been abandoned.” Id. at 786 . … Hunter did not seek to establish a claim for her own non-action arising from a contra non valentem impediment. That is, Mrs.

Palisi v. City of New Orleans Fire Dept.

690 So. 2d 1018 · Louisiana Court of Appeal · Apr 15, 1997

The Gary court clearly could not have intended such an absurd result. … Clearly, the disability benefits are principally funded by the employer/City.

Bennett v. Brown

16 La.App. 3 Cir. 622 · Louisiana Court of Appeal · Dec 21, 2016

The argument has no merit, as the policy clearly does not provide coverage for the payment of medical expenses to persons sustaining “bodily injury” resulting from the use of an auto. There is no question that Ms. … "Insured” is defined by the policy as “any person or organization qualifying as an insured in the Who Is an Insured provision of the applicable coverage.” . We note that Ms. Bennett cites to Castille v.

McCann v. Christus St. Frances Cabrini Hospital

16 La.App. 3 Cir. 21 · Louisiana Court of Appeal · May 11, 2016

Hora was not named at all, their statements would not qualify as judicial admissions since Ms. Vondrak has failed to show that she relied on the McCanns’ statements to her detriment. … A trial court’s grant of an exception of prescription is reviewed under the clearly wrong-manifest error standard of review. Patin v.

D.O.H. v. T.L.H.

799 So. 2d 714 · Louisiana Court of Appeal · Oct 31, 2001

Rick Adams was not qualified to conduct the statutorily required treatment program. Dr. … The record also establishes a refusal on the mother’s part to facilitate a relationship between the children and the father.

Romero v. Northrop Grumman Corp.

6 La.App. 3 Cir. 1210 · Louisiana Court of Appeal · Mar 7, 2007

He explained that if Claimant were to develop sepsis, "it would be the end" since Claimant has diabetes, and his immune response function is considerably impaired. Dr. … Romero, that he suffers from immune mediated injury to the nervous system either centrally or peripherally."

Plaisance v. State of Louisiana

District Court, M.D. Louisiana · Mar 16, 2021

Plaintiffs allege ongoing “economic distress,” but have not set forth specific evidence establishing that monetary damages are inadequate, or that an immediate injunction is necessary to forestall additional … Such relief “is particularly disfavored, and should not be issued unless the facts and law clearly favor the moving party.” Id.

Mosley v. Pennzoil Quaker State

911 So. 2d 327 · Louisiana Court of Appeal · Sep 8, 2005

Factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of appellate review. … To qualify for SEB, a claimant is required *331 to prove by a preponderance of evidence that a work-related injury resulted in the inability to earn 90% or more of his average pre-injury wage.

State v. Snyder

277 So. 2d 660 · Supreme Court of Louisiana · May 7, 1973

The majority on first hearing accepted the fact that the subject of the alleged defamatory remarks was a "public figure", and the 10 bills of information filed by the State clearly demonstrate that the crimes charged arose … Qualified privilege "A qualified privilege exists and actual malice must be proved, regardless of whether the publication is true or false, in the following situations: "(1) Where the publication or expression is a fair and

Hayes v. Orleans Parish School Board

225 So. 2d 131 · Louisiana Court of Appeal · Jul 7, 1969

, whereas, petitioner was fully qualified for the position that he had formerly held. … It was clearly not the law as found in the Charbonnet and DeBarge cases, supra, which held the opposite. This legislation apparently was enacted to add an additional requirement that had previously been found lacking.

State v. Hamilton

16 La.App. 3 Cir. 587 · Louisiana Court of Appeal · Apr 5, 2017

are a means of “‘eliminating] extremes of partiality on both sides,’.. .thereby ‘assuring the selection of a qualified and unbiased jury.’ ” Holland v. … While peremptory challenges are one means of assuring the selection of a qualified and unbiased jury, the U.S.

David Pitts Jr. and Kenyetta Gurley v. Louisiana Medical Mutual Insurance Company and Rhoda Renee Jones, M.D.

218 So. 3d 58 · Supreme Court of Louisiana · Mar 15, 2017

Crowell and Gueringer), then, certainly, the district court’s grant, of a new trial on the ground that the verdict is clearly contrary to the evidence is an abuse of discretion. … In the final analysis, the jury verdict in this case was based on the testimonies of several highly qualified experts, including Drs. Litner and Breinholt.

Amer v. Roberts

2015 La.App. 1 Cir. 0599 · Louisiana Court of Appeal · Nov 9, 2015

Finally, the defendants asserted .that-.the evidence, established without dispute that Dr. … This provision qualified the term of employment. See Shepard v. Phycor of Ruston, Inc., 29,181 (La.App. 2 Cir. 5/7/97), 711 So.2d 288, 292 .

State v. Lampkin

253 La. 337 · Supreme Court of Louisiana · Jan 20, 1969

Lester” As already stated this bill of exception has merit for the additional reason that the affidavit and the warrant fail to clearly describe the premises to be searched. … The premises to be searched must be designated with such certainty that they are readily and easily identifiable by any officer qualified to execute the warrant.

Roberson v. Green

91 So. 2d 439 · Louisiana Court of Appeal · Nov 29, 1956

However, counsel qualifies this conclusion by an admission of the impossibility of proving any “specific, express and mutual agreement to the effect that the fence * * * has been agreed on by defendants or their predecessors … The alternative defense of prescription clearly indicates by its very wording that defendants and their predecessors in title have been “ * * * in the actual, physical, open, notorious, uninterrupted, peaceable and undisturbed

Parish v. National Collegiate Athletic Association

361 F. Supp. 1214 · District Court, W.D. Louisiana · Mar 27, 1973

Clearly, the plaintiffs have standing in this matter for they are directly affected by any ruling the NCAA promulgates that declares them ineligible to compete in interscholastic athletics in the school of their choice. … The Association assists, advises and aids in the effort, establishes standards and supervises and coordinates what the fielded teams do.

State v. Jones

767 So. 2d 862 · Louisiana Court of Appeal · Jul 25, 2000

Washington were clearly race neutral. The defense again made a Batson claim when the state used a peremptory challenge to excuse Ms. Williams. … Green, 94-0887 (La.5/22/95), 655 So.2d 272 . [2] LSA-C.Cr.P. art. 401 A(3) provides that, in order to qualify for jury service, a person must "[b]e able to read, write and speak the English language and be possessed of sufficient

Johnson v. Scimed, Inc.

92 F. Supp. 2d 587 · District Court, W.D. Louisiana · Mar 15, 2000

The removing party (Scimed) bears the burden of establishing “that there is absolutely no possibility that the plaintiff will be able to establish a cause of action” against the non-diverse defendant. Green v. … Judge Parker disagreed, holding that the allegations of the original state court petition clearly alleged facts which supported a medical malpractice cause of action.

City of New Orleans v. New Orleans Public Service Inc.

471 So. 2d 233 · Louisiana Court of Appeal · May 28, 1985

Establishment of Rates. … Clearly conditions [Section 9] (a) through (g) are derived from this authority.