Case law

Ducksworth v. MacMurdo

District Court, M.D. Louisiana · Jan 21, 2020

Qualified Immunity Because Dr. MacMurdo asserts qualified immunity, Plaintiff “bears the burden of pleading facts that demonstrate lability and defeat immunity.” Shaw uv. … MacMurdo violated a statutory or constitutional right and (2) the right was clearly established at the time of his conduct. See id. at 417.

Wallace v. Upjohn Co.

535 So. 2d 1110 · Louisiana Court of Appeal · Nov 22, 1988

Joseph O'Neil, qualified by the court as an expert on the history and development of tetracyclines, believed this article, along with the Regna article, established the basis for predicting the chelation phenomenon and its … In this case we find that the record clearly supports the awards made by the trial court.

Grace v. Crespo

970 So. 2d 1007 · Louisiana Court of Appeal · Sep 19, 2007

Thus, Elizabeth does not qualify for coverage under that provision. Plaintiffs also rely on another provision of the umbrella/excess portion of the policy to establish coverage for Elizabeth. … Clearly, Elizabeth is a family member.

State v. Baum

33 La. Ann. 981 · Supreme Court of Louisiana · May 15, 1881

The Court properly held that this was establishing a new rule of evidence, the object of which was not expressed in the title of the act, and that the provision should, therefore, be considered as unwritten or unconstitutional … James, wherein the identical resident of East Baton Rouge can do the same act with perfect freedom and with absolute immunity from any criminal prosecution in the premises. Cooley, Const. Lim., p. 141.

McNally v. Teledyne Movible Offshore, Inc.

94 La.App. 1 Cir. 0430 · Louisiana Court of Appeal · Dec 22, 1994

The amendment broadens the reach of the statutory employment language, and clearly reflects a legislative intent to return the courts to a stronger standard of tort immunity. See Frith v. … Clearly, the repair of these cranes is an integral part of Teledyne’s business; there exists no genuine issue as to this material fact.

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.

Burckett v. State, Department of Health & Hospitals, Bureau of Health Services Financing

704 So. 2d 1266 · Louisiana Court of Appeal · Dec 10, 1997

It is well established that a valid dation necessitates the existence of a real debt. Krauss Co. v. Godchaux, 13 La.App. 607 , 128 So. 673 (1930); Jones v. Longino, 10 La.App. 256 , 120 So. 711 (1929). … The ALJ found the transfer to be for less than fair market value and solely for the purpose of qualifying for benefits due to the lack of evidence of the existence of a legal debt.

State v. Gauthier

263 La. 678 · Supreme Court of Louisiana · Nov 6, 1972

It is submitted that the Mayor-President of East Baton Rouge Parish should qualify as an individual to whom the term ‘chief law enforcement officer’ should apply.” The contention is unimpressive. … It is hornbook law that criminal' enactments are strictly construed; consequently, since under this statute the chief executive officer of the Parish of East Baton Rouge is clearly not the chief law enforcement officer, the

Broussard v. Heebe's Bakery, Inc.

263 La. 561 · Supreme Court of Louisiana · Nov 6, 1972

Plaintiff’s position is that the-facts establish a vendor-vendee relationship, placing Heebe without the purview of the act, and, thus, as a third person, subject to an action in tort. … The evidence clearly discloses that Wolf loaded the baked items on special collapsible trays furnished by Heebe as an accommodation.

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.

Oddo v. Asbestos Corp.

2014 La.App. 4 Cir. 0004 · Louisiana Court of Appeal · Aug 20, 2015

Rather than declining to qualify Drs. Hammar and Finkelstein as experts, however, the trial court limited their testimony. … (iii) A person who may be immune from suit because of immunity granted by statute. (3) If appropriate, whether there was negligence attributable to any party claiming damages, and, if so: (a) Whether such negligence was a

Noel Estate, Inc. v. Kansas City Southern & Gulf Ry. Co.

187 La. 717 · Supreme Court of Louisiana · May 24, 1937

Surely, these •clauses are highly restrictive and qualify the previous general language contained in the. first paragraph of the instrument. … It is only necessary that the parties make clear their intention in the instrument to establish one. Rev.Civ.Code, arts. 709, 722.

Creadeur v. Department of Public Safety

364 So. 2d 155 · Louisiana Court of Appeal · Oct 9, 1978

The officer was also informed that he was not a suspect, was not charged with any crime and would not be subject to dismissal if the test proved adverse and that he would not be requested to waive immunity from prosecution … While Roux , above, adopted and applied the rule espoused in Fichera , above, the following language appearing in Roux indicates clearly that the rule is not unqualified: "We are guided to a great extent in our holding in

Roy v. Coco

94 La.App. 3 Cir. 920 · Louisiana Court of Appeal · Feb 1, 1995

Roy is not qualified to run a bank. (b) He hires incompetent people. (c) He is not running the bank for the benefit of the stock holders or the community. … He established his statements were protected as opinion and subject to his privilege as a shareholder in the corporation.

Rainbow Investors Group, Inc. v. Fuji Trucolor Missouri, Inc.

168 F.R.D. 34 · District Court, W.D. Louisiana · May 13, 1996

However, while this proposition seems reasonable in theory, plaintiff offers nothing in either of his briefs to establish the privilege. … Plaintiff does not contend that the information sought from Delaunay by defendants is entitled to the qualified work-product immunity. Nonetheless, some comment regarding this issue is in order.

Wright v. Coastal Fabrication, L.L.C.

4 La.App. 3 Cir. 1408 · Louisiana Court of Appeal · Apr 6, 2005

Coastal instead contracted with Specialized Services to supply a qualified scaffolding foreman. Coastal also hired some qualified scaffold workers and [.¿employed other workers provided by Total Staffing. … Armand’s affidavit also clearly notes that Louisiana Safety conducted the meetings and made safety recommendations as required under the contract.

Kimberly R. Roberts v. Georgia Boxer and Chubb National Insurance Company

Louisiana Court of Appeal · Nov 18, 2020

Failing to qualify Dr. Ogbuokiri as an expert in orthopedic surgery In Mrs. Roberts’ first assignment of error she complains that the trial court abused its discretion in failing to qualify Dr. … the finding is clearly wrong.

Kimberly R. Roberts v. Georgia Boxer and Chubb National Insurance Company

Louisiana Court of Appeal · Nov 18, 2020

Failing to qualify Dr. Ogbuokiri as an expert in orthopedic surgery In Mrs. Roberts’ first assignment of error she complains that the trial court abused its discretion in failing to qualify Dr. … the finding is clearly wrong.

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.

Dupre v. Exxon Pipeline Co.

93 La.App. 3 Cir. 1528 · Louisiana Court of Appeal · Jun 1, 1994

Since Dupre was not an Exxon employee and was injured through the negligence of an on-duty Exxon employee, Exxon was not immune from a tort suit by Dupre. … Dupre further contends that he established future lost wages of $284,040.00. Dr.