Case law

In Re: Medical Review Complaint by Daron Downing, Andrus Downing, Andria Downing, and Andre Downing for Melissa Downing (D) .

Louisiana Court of Appeal · May 26, 2022

Mayer’s Affidavit clearly established his expert qualifications and the foundation upon which he concluded that Interim LSU, including its nurses, breached the standard of care that resulted in Ms. Downing’s death. … Mayer qualifies as an expert witness physician in accord with La.

Louisiana Real Estate Appraisers Board v. United States Federal Trade Commission

District Court, M.D. Louisiana · Jul 29, 2019

immunity, a state must establish that the anticompetitive act is a clearly articulated state policy, and that such activity is actively supervised by the state.2 (Id.). … Forsyth, 472 U.S. 511, 512 (1985), the Supreme Court found that the denial of qualified immunity was similar to the denial of absolute immunity, and that both are effectively lost if a case is erroneously allowed to proceed

Opinion Number

Louisiana Attorney General Reports · Jan 22, 2002

All ERISA plans must establish reasonable, written procedures to determine the qualified status of a domestic relations order, to communicate those procedures to alternate payees, and to administer the distribution of benefits … It is our recommendation that the domestic relations order clearly specify each plan to which such order applies.

United States v. Fink

703 F. Supp. 503 · District Court, E.D. Louisiana · Dec 19, 1988

He was promised immunity. … Compliance as above indicated by January 31, 1989. .The provisions of 28 U.S.C. section 2255 provide in part that: A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released

Gary Crockett v. State of Louisiana; Jeff Landry, in His Official Capacity as Governor of the State of Louisiana C/W Chelsey Richard Napoleon, in Her Official Capacity as Clerk of Court for Orleans Parish v. City of New Orleans; Jean Paul "j.P." Morrell in His Official Capacity as President of the New Orleans City Council; Helena Moreno in Her Capacity as the Mayor of the City of New Orleans & Calvin Johnson, in His Capacity as City Appointed Interim Clerk of Court for Orleans Pairsh

Supreme Court of Louisiana · Jun 1, 2026

This case clearly meets that standard. Id. … Notably, by doing so, the per curiam seemingly ignores the qualifying term of “contrary.”

State v. Douglas

541 So. 2d 285 · Louisiana Court of Appeal · Mar 15, 1989

The sole purpose of this hearsay testimony was to prove that the defendant’s seized property qualified as derivative contraband and was thus subject to seizure. … This hearsay testimony was clearly inadmissible in this forfeiture proceeding and should not have been admitted or considered by the trial judge. The trial judge was clearly in error in admitting this evidence.

ST. MARTINVILLE v. Louisiana Tax Com'n

917 So. 2d 38 · Louisiana Court of Appeal · Jun 10, 2005

While it is true that the Assessor was not qualified as an expert pursuant to La. … Where there are two permissible views of the evidence, a factfinder's choice between them can never be manifestly erroneous or clearly wrong. Stobart v.

Kennedy v. Columbus America Properties

751 So. 2d 369 · Louisiana Court of Appeal · Jan 12, 2000

We further stated that: "Appellate courts may not set aside a jury's finding of fact unless it is clearly wrong. … Conversely, the defendants have not shown that the jury verdict was manifestly erroneous or clearly wrong.

Thibodeaux v. Audubon Insurance Co.

539 So. 2d 689 · Louisiana Court of Appeal · Feb 8, 1989

This is unlike the expert testimony in the Fontenot case, *693 which clearly established that the explosions caused the damages. The case of Price v. … Vanderbrook had never been qualified as an expert in a case where an explosion allegedly damaged property two or three miles away.

State v. Duvall

97 La.App. 1 Cir. 2173 · Louisiana Court of Appeal · Dec 28, 1999

He spoke clearly. After defendant consented to a search of his apartment, a stainless steel Ruger Security Six Revolver with two spent cartridges was recovered from the foot of the bed in the bedroom. … In order to qualify under the hearsay ex *799 ception for “things said or done,” pursuant to La.

State v. East

553 So. 2d 1046 · Louisiana Court of Appeal · Nov 30, 1989

The test of an expert’s competency is his knowledge of the subject which must be established to the court’s satisfaction. La.R.S. 15:466. … Experience alone is sometimes enough to qualify as an expert. It is not always necessary that a witness have formal training or education to qualify as an expert in a certain field. Roper on Behalf of Roper v.

Opinion Number

Louisiana Attorney General Reports · Jun 13, 1994

As is clearly stated in the statute, the intent of Congress was to encourage States, local agencies, and private interests to establish trails on unused or seldom used railroad rights-of-way in furtherance of a national policy … However, the law also clearly provides that the interim use of rights-of-way must be subject to future possible restoration or reconstruction for railroad purposes.

DAIQUIRI CAFE SHERWOOD INC. v. Parish of E. Baton Rouge

818 So. 2d 1 · Louisiana Court of Appeal · Nov 9, 2001

is clearly wrong. … To establish that the conflict actually exists, the litigant must show that the state statute and the ordinance are incompatible and cannot be effectuated in harmony.

O'Bryan v. Patients Comp. Fund Over. Bd.

832 So. 2d 438 · Louisiana Court of Appeal · Nov 8, 2002

This part establishes and governs the Patient's Compensation Fund. LSA-R.S. 40:1299.44D(3). … Louisiana Revised Statute 40:1299.42E establishes two separate procedures to establish financial responsibility depending on the type of medical malpractice insurance coverage a health care provider maintains.

Bulot v. Intracoastal Tubular Services, Inc.

2004 La.App. 4 Cir. 1376 · Louisiana Court of Appeal · Nov 3, 2004

Clearly, if his exposure was significant in 1968, it was of the same significance for each subsequent year, including the effective dates of La. Civ.Code art. 2315.3. … American Optical Corp., 98-0455 (La.9/8/99), 740 So.2d 1262 , where it considered the statutory amendment granting immunity to executive officers applied to wrongful death claims filed after the effective date of the amendment

Clomes v. T.R. Henning Co.

510 So. 2d 1262 · Louisiana Court of Appeal · May 12, 1987

Based on the record before us, we find this conclusion clearly wrong. … How this water enters the garage has not been established. Plaintiffs are apparently content to assume that the water seeps in under the garage door.

Frank L. Beier Radio, Inc. v. Brown

453 So. 2d 656 · Louisiana Court of Appeal · Jun 29, 1984

It is well established in Louisiana that factual determinations of the trial court are subject to review under the manifest error doctrine in this State. … "`manifestly erroneous', in its simplest terms means `clearly wrong'." Arceneaux v. Domingue, 365 So.2d 1330 (La. 1978).

Ballew v. Southland Corp.

482 So. 2d 890 · Louisiana Court of Appeal · Jan 22, 1986

The failure to do so clearly amounts to a breach of the duty to exercise reasonable care to protect plaintiff from injury. … However, she had never qualified as an expert in any court.

State v. Howard

626 So. 2d 459 · Louisiana Court of Appeal · Nov 3, 1993

Tingle possessed sufficient training, education and experience to qualify as an expert in their respective fields. … Tingle were each qualified to give expert testimony in their respective fields.

State v. Martin

250 La. 705 · Supreme Court of Louisiana · May 1, 1967

Article 9 of the Code of Criminal Procedure provides in essence that, whenever it shall be established to the satisfaction of the Court in which a criminal prosecution is pending that prescriptive periods (three years in … It is difficult to understand how appellant was prejudiced by the failure of the State to submit evidence to establish every, fact it alleged it intended to prove in its answer to the bill of particulars.