Case law

Cherry v. Audubon Insurance Co.

2010 La.App. 4 Cir. 1646 · Louisiana Court of Appeal · Oct 20, 2010

“It is well-established that the trial judge has wide discretion in determining whether to allow a witness to testify as an expert, and his judgment will not be disturbed by an appellate court unless clearly erroneous.” … Carr’s testimony and the qualified weight to be given to his testimony, we do not find that the trial judge abused her discretion or manifestly erred in qualifying Mr. Carr as an expert witness.

Parker v. Sears, Roebuck & Co.

418 So. 2d 1361 · Louisiana Court of Appeal · Aug 17, 1982

The affidavits clearly reflect that she was upset by the incident, but they do not in any respect reflect that she was unreasonably detained or treated in an unreasonable manner. [3] The facts shown by the affidavits could … Plaintiffs further contend that the trial court has interpreted Article 215 of the Code of Criminal Procedure as granting civil immunity to persons who subjected Mrs.

Dominique v. Favorite

2003 La.App. 1 Cir. 1894 · Louisiana Court of Appeal · Sep 8, 2003

Favorite appeals, contending the trial court legally erred in disqualifying him as a candidate and was clearly wrong in making a factual finding that he was not a qualified voter in District 3 at the time he filed his notice … Section 2-01C of the charter provides that a council member “shall have been legally domiciled and shall have actually resided for at least one (1) year immediately preceding the time established by law for qualifying for

State, Department of Transportation & Development v. Walter

527 So. 2d 563 · Louisiana Court of Appeal · Jun 22, 1988

Clearly neither value meets the threshold testified to by Mr. Lejeune. Therefore, the trial court concluded the highest and best use was agricultural. … McNew’s opinion which the State urges establishes the following: (1) 70% of the property floods, (2) an expensive levee system would be required to permit farming, *566 (3) 88 acres is too small to be economically farmed,

Melerine v. Democratic Parish Executive Committee

164 La. 855 · Supreme Court of Louisiana · Nov 28, 1927

does not allege in his petition facts sufficient to show that he is duly qualified to hold the office to which he aspires. … The evidence shows clearly that plaintiff has a business establishment at Violet, at which he is habitually present, and that he has. no other business connection.

Wheeler v. Louisiana Department of Transportation & Development

95 La.App. 4 Cir. 1700 · Louisiana Court of Appeal · May 22, 1996

The three factors to consider when determining whether a decision should be made nonretroactive are: (1) the decision to be applied nonretro-actively must establish a new principle of law, either by overruling clear past … XII, § 10(A), unambiguously rejects sovereign immunity and foreshadowed the conclusion reached by the Supreme Court in Rick .

Berry v. City of Bossier City

911 So. 2d 333 · Louisiana Court of Appeal · Sep 8, 2005

Among other things, they also asserted prescription, qualified immunity, discretionary action of a public entity and official, and failure of the plaintiffs to exhaust their administrative remedies. … Under the circumstantial evidence test of McDonnell Douglas, supra, a plaintiff is first required to establish a prima facie case by showing that he: (1) is a member of a protected class; (2) was qualified for the position

Smith v. Lee

District Court, W.D. Louisiana · Mar 7, 2024

On appeal, the court affirmed the denial of qualified immunity for the unlawful entry claim. However, it reversed the Court’s denial of qualified immunity for Stewart's excessive force claim. … It determined that Lee was entitled to qualified immunity because, under the required qualified immunity analysis, no binding precedent “establishes under analogous circumstances how long a bite is too long

Wainwright v. Leary

623 So. 2d 233 · Louisiana Court of Appeal · Aug 18, 1993

that the finding is clearly wrong (manifestly erroneous). … The trial court's denial of Wainwright's request to qualify Dr. Anderson as an expert was predicated upon its pre-trial order. We note that Dr. Leary did not object to Wainwright's attempt to qualify Dr.

PELTS & SKINS EXPORT v. State

735 So. 2d 116 · Louisiana Court of Appeal · Jun 15, 1999

Experience alone may be sufficient to qualify a person as an expert. Hebert v. Broussard, 450 *122 So.2d 1038, 1040 (La.App. 1 Cir.1984). Bias does not preclude a witness from being qualified as an expert. State v. … Finding the error of excluding Sagrera's opinion testimony harmless, we will apply the clearly wrong-manifest error standard of Stobart v.

Ricard v. State

390 So. 2d 882 · Supreme Court of Louisiana · Nov 10, 1980

Carlson is clearly distinguishable from the instant case. … Clearly, an award of compensatory damages will serve the same deterrent purpose as an award of punitive damages.

Polk v. Edwards

626 So. 2d 1128 · Supreme Court of Louisiana · Aug 20, 1993

The opponent must establish clearly and convincingly that the constitutional aim was to deny to the legislature the power to enact the legislation. Id. at 388 . … Within these parameters, the Legislature has clearly fulfilled its constitutionally established obligation to suppress gambling.

Licciardi v. Licciardi

16 La.App. 5 Cir. 289 · Louisiana Court of Appeal · Dec 7, 2016

The trial court established a payment plan for Ms. … Clearly, separate funds spent on the children born during the parties’ marriage benefitted the community. In addition, funds spent to satisfy Mr.

Leyva v. Iberia General Hosp.

643 So. 2d 1236 · Supreme Court of Louisiana · Oct 17, 1994

Further, the testimony established that the Parkland Procedure was taught both doctors in medical school pursuant to the Williams Obstetrics textbook. In fact, Dr. … The court of appeal should therefore decide the case on the record without having to find first that the district court's judgement was clearly wrong. Gonzales v. Xerox, 320 So.2d 163 (La.1975).

Kathleen Welch and Carroll Dewayne Welch Versus United Medical Healthwest-New Orleans, L.L.C. and United Medical Healthcare Inc.

Louisiana Court of Appeal · Aug 24, 2022

R.S. 29:771(B)(2)(c) is a qualified tort immunity statute, and thus an affirmative defense, with a burden of proof that United Medical did not meet; 2) applying that tort immunity statute in the instant matter is against … Because Appellants’ claims only accuse United Medical of ordinary negligence, United Medical urges that LHEPA’s qualified tort immunity statute applies and Appellants have failed to state a cause of action.

Gunasekara v. City of New Orleans

264 So. 3d 1236 · Louisiana Court of Appeal · Jan 30, 2019

There is a significant amount of precedence on whether or not competitive harm qualifies as a special interest. … doctrine of sovereign immunity or other, more specific bars ....

Moore v. LaSalle Corrections Inc

District Court, W.D. Louisiana · Oct 30, 2020

The doctrine of qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … violated clearly established law.”

Taylor v. Getty Oil Co.

637 F. Supp. 886 · District Court, E.D. Louisiana · Jun 16, 1986

Elf and InterNorth contend that they are joint venturers with Getty and as such are entitled to tort immunity as employers of Taylor and Stringfellow. … In this case, the contract as a whole and the uncontroverted affidavits of representatives of Getty, Elf and Inter-North clearly establish that the parties intended to form a joint venture.

Clark v. Wallace

District Court, E.D. Louisiana · Mar 8, 2024

refused to consider qualified immunity as an alternative bar. … of qualified immunity); McNeal v.

Sevario v. State Ex Rel. Dept. of Transp.

752 So. 2d 221 · Louisiana Court of Appeal · Nov 10, 1999

The record clearly demonstrates that this allowed DOTD time to conduct an effective cross-examination of each of these witnesses. … Consequently, DOTD must establish that each requirement for the privilege under section 409 has been met.