Case law

Marsalis v. La Salle

94 So. 2d 120 · Louisiana Court of Appeal · Mar 11, 1957

Marsalis a few times while she was hospitalized, but it clearly appears that these visits were on a friendly and not a professional basis. … Kirgis answered: "No, I don't think that it could be established that they are not associated with it.

Opinion Number

Louisiana Attorney General Reports · Apr 6, 2001

The procedure outlined in R.S. 32:398.2 clearly indicates that the mayor's court, having appropriate jurisdiction, is the proper depository for local traffic citations. … R.S. 33:401 (See above) establishes the role of the mayor as "manager" of the municipality, its property, and finances.

Riley v. Maison Orleans II, Inc.

829 So. 2d 479 · Louisiana Court of Appeal · Sep 25, 2002

It's not something that one expects of a person because they qualify for a diagnosis of Organic Brain Syndrome or Dementia. … It's not something that one expects of a person because they qualify for a diagnosis of Organic Brain Syndrome or Dementia.

Madison v. Ward

825 So. 2d 1245 · Louisiana Court of Appeal · Jul 3, 2002

This court concluded that a "post-conviction habeas corpus making the necessary allegations... qualifies as `any action' subject to the special venue requirements of La. R.S. 15:571.15[.]" Bartie, 501 So.2d at 265 . … This requirement is established by LSA-R.S. 15:1171 et seq.

Bourgeois v. Pennsylvania General Insurance Company

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

Bourgeois’ alleged exposure to asbestos occurring on or after September 1, 1975 because (i) there are no genuine issues of material fact, and (ii) Avondale is immune from these claims under the Louisiana Workers’ Compensation … P. 56(e), on the basis that each unopposed motion, in conjunction with the supporting material attached to it and the record as a whole, establishes that there is no genuine issue as to any material fact and that the moving

Simpson v. Bulkley

140 La. 589 · Supreme Court of Louisiana · Jun 30, 1916

Vaughan, a maternal uncle of the children, was appointed and qualified as their undertutor, and letters were issued to him as such. … Hence the question is clearly presented whether, after the death of the wife, a creditor of the community theretofore existing between her and her surviving husband can legally proceed against the surviving husband individually

State ex rel. Guion v. Chauvin

147 La. 703 · Supreme Court of Louisiana · Mar 1, 1920

Again, the Legislature in adopting Act No. 32 of 1902, p.' 39, clearly intended to repeal Act 30 of 1877 by adopting: “An act to amend and re-enact Act No. 30 of the General Assembly of 1877, Extra Session, approved March … The power which creates a public office, to define its duties, to fix its compensation, is essentially governmental, and there are no principles more firmly established than that, where no compensation is provided by law

State v. Elie

936 So. 2d 791 · Supreme Court of Louisiana · Jul 10, 2006

A reviewing court owes the trial court's evaluations of discriminatory intent great deference and should not reverse them unless they are clearly erroneous. … Jury duty is not only a civic responsibility and an obligation of all qualified citizens, it is also a constitutional right of citizens the United States Supreme Court has recognized. Powers v.

Fisher v. Cash Grocery and Sales

316 So. 2d 872 · Louisiana Court of Appeal · Jul 30, 1975

To qualify for compensation benefits from Cash Grocery under this provision as a "statutory employee", plaintiff would be required to establish that the work that Dewey Gremillion was doing for Cash *874 Grocery was part … hearing the plaintiff produces and attempts to call several witnesses to testify to facts within their personal knowledge, which contradict the material statements contained in the above affidavit, and which would show clearly

Chapa v. Louisiana State

District Court, E.D. Louisiana · Mar 29, 2021

Plaintiff’s motion could only qualify as a motion to vacate under Rule 60(b)(1), “mistake, inadvertence, surprise, or excusable neglect,” or 60(b)(6), “any other reason that justifies relief … However, plaintiff has not established that this neglect was excusable, instead conceding only that he is “absolutely unable to represent [him]self.” Id.

La Seafood Management v. La Wildlife

719 So. 2d 119 · Louisiana Court of Appeal · Sep 1, 1998

Clearly, the respective mandates contained in the plain language of §§ 638.3 and § 638.5 [8] are expressly directed *126 to the Commission. … The letter delineated the financial information the applicant would have to present in order to qualify.

Lacy v. ABC Ins. Co.

712 So. 2d 189 · Louisiana Court of Appeal · Apr 1, 1998

Lacy would be qualified. The jury awarded $19,000 to Ms. Lacy for loss of future earnings. This award, which represents approximately five and one-half months lost wages, is supported by the record. Ms. … Lacy only submitted $42,000 in medical bills, and that she failed to establish a causal link between some of those bills and her alleged injuries.

Henry v. Exchange Bank & Trust Co.

287 So. 2d 214 · Louisiana Court of Appeal · Nov 30, 1973

This is correct, but clearly not the situation when one comes in alleging they are entitled to the marital portion. This marital-fourth is not a bequest. … Townsend is in that he was not qualified as an expert, nor is there any designation as to his occupation or profession.

Roy v. Schilling Distributing Co.

13 La.App. 3 Cir. 242 · Louisiana Court of Appeal · Oct 16, 2013

STANDARD OF REVIEW Factual findings in workers’ compensation cases are subject to the manifest error/clearly wrong standard of review. Banks, 696 So.2d 551 . … The record does not reflect a reasonable basis for finding that Fontenot’s testimony on availability qualified as competent evidence.

Louisiana Health Service & Indemnity Co. v. Rapides Healthcare System

213 F. Supp. 2d 650 · District Court, M.D. Louisiana · Apr 15, 2002

obligated to reimburse the individual or to pay for him or on his behalf the charges for the services rendered by the hospital shall pay those benefits to the individual when the itemized statement submitted to such entity clearly … Ieyoub, the Fifth Circuit found that Louisiana’s “any willing provider” statute “related to” an ERISA plan because it specifically referred to entities that constituted ERISA-qualified plans and because it mandated the structures

State v. Zeigler

945 So. 2d 946 · Louisiana Court of Appeal · Dec 20, 2006

Only when this is accomplished will the state be required to establish the constitutionality of the previous conviction. … These court minutes clearly show that defendant was represented by counsel when he pleaded guilty to two counts of simple burglary in 1977.

Cimarex Energy Co. v. Mauboules

40 So. 3d 931 · Supreme Court of Louisiana · Apr 9, 2010

While the word "fraud" was not used in the letter, Privat clearly relayed this theory in his telephone conversation with Williams. … Does Filing a Concursus Immunize Cimarex from Damages? Cimarex argues filing a concursus should immunize it from statutory damages.

Robinson v. City of New Orleans

247 So. 3d 791 · Louisiana Court of Appeal · May 16, 2018

Continuing, we stated as follows: Whatever the true nature of the proposed establishment, the fact is that the record evidence indicates that the establishment qualifies as a "health club" under the New Orleans CZO, as it … of the establishment is not devoted to a particular purpose, such rules must be clearly set forth in the official zoning ordinance, not imposed on a case-by-case basis. *804 Id. , 00-0815 at pp. 10-11, 780 So.2d at 1151

State v. Sharp

810 So. 2d 1179 · Louisiana Court of Appeal · Feb 27, 2002

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … Mark Vigen ("Dr.Vigen") was qualified as an expert in general and forensic psychology. Dr.

State ex rel. Browne v. A. W. Wilbert's Sons Lumber & Shingle Co.

51 La. Ann. 1223 · Supreme Court of Louisiana · May 29, 1899

Upon this statement, the court say: “It will readily be perceived that the establishment is a manufactory in which raw materials are made into wares suitable for use. … We claim that a saw-mill proprietor is clearly a manufacturer under the foregoing definitions.