Case law

State v. Smith

10 La.App. 3 Cir. 830 · Louisiana Court of Appeal · Feb 9, 2011

Further, he had been granted immunity for his testimony. Cyriak testified that he sold crack cocaine five to seven times a day. … Further, the cell phone records of the Defendant, Cyriak, and Granville supported the contacts and time line established by Cyriak and Granville.

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).

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,

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.”

Grady Crawford Construction, Inc. v. City of Baton Rouge

2011 La.App. 1 Cir. 0377 · Louisiana Court of Appeal · Aug 17, 2011

The advertisement for bids clearly requires the contractors to comply with all provisions of the State Licensing Law for Contractors. … The evidence establishes by a preponderance that these requirements were not met in this case.

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.

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.

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.

Woolley v. Cinquigranna

188 So. 2d 701 · Louisiana Court of Appeal · Jul 5, 1966

The word ‘residence’ is one of multiple meanings, but the context in which it is used in this instance clearly indicates its meaning to be a dwelling house where, a person lives in settled abode. … It qualifies the phrase ‘to be used,’ with like effect as if the covenant had read that the property ‘is to be used only for residence purposes.’

O'Rourke v. O'Rourke

69 So. 2d 567 · Louisiana Court of Appeal · Mar 22, 1954

Cole followed the established pattern. … But, even if the existence of a psychosis had been established, in my opinion we would only consider that fact in mitigation of damages. It has nothing whatsoever to do with Dr.

Opinion Number

Louisiana Attorney General Reports · May 26, 1998

Suffice it to say, Section 3202 clearly limits the exemption from taxation to new manufacturing establishments, new headquarters and/or new warehousing and distribution establishments. … A review of the statutes and the rules and regulations interpretive thereof, clearly evidence the following: 1 .

Mincey v. Dow Chemical Co.

217 F. Supp. 2d 737 · District Court, M.D. Louisiana · Mar 15, 2002

However, even if one assumed that plaintiffs fibromyalgia qualifies as a disability protected by the ADA, in order to prevail on this claim plaintiff must also establish that she is a qualified individual for the job in question … The summary judgment evidence herein clearly, indicates that plaintiffs position at Dow was one which required her regular attendance at work.

Coleman v. Allen

347 So. 2d 84 · Louisiana Court of Appeal · Jun 10, 1977

Clearly, Paragraph B. of R.S. 42:343 prohibits a registrar from acting on requests for withdrawal of names from a petition for recall after he submits the petition to the executive officers designated by the legislature to … It is the legislature’s prerogative to overrule the courts and to establish the rules applicable to recall elections and it has done so. This Court is obligated to obey that mandate.

Dufrene v. Insurance Co. of Pennsylvania

790 So. 2d 660 · Louisiana Court of Appeal · May 30, 2001

The plaintiff is entitled to a JNOV for the reasonable damages which were established at trial. As part of its judgment, the trial court assessed liability for Ms. … s tort immunity claim should have been plead as an affirmative defense prior to trial.

State v. Chandler

5 La. 489 · Supreme Court of Louisiana · May 15, 1850

He qualifies the principle substantially, as Chief Justice Parker did, that there must be actual danger at the time from the violence and a reasonable belief that a felony is intended. … be clearly to point out to juries the state offfacts to which the principle is applicable, and that state of facts to which it is inapplicable; and in a case to which the principle is clearly inapplicable to decline giving

State v. Lagarde

2003 La.App. 4 Cir. 0606 · Louisiana Court of Appeal · Dec 10, 2003

Kamran Zaherí, who was qualified as an expert in emergency room medicine, was assigned to the Medical Center of Louisiana emergency room on November 27, 1995. … In this case, the first three elements are clearly satisfied. The first element was met because D.C. was forcibly seized.

Carter, Jr. v. Point Coupee Parish Sheriff's Department

District Court, M.D. Louisiana · Mar 3, 2020

The qualified immunity defense affords government officials not just immunity from liability, but immunity from suit.” Vander Zee v. Reno, 73 F.3d 1365, 1368 (5th Cir. 1996) (citing Mitchell v. … Qualified immunity shields government officials from individual liability for performing discretionary functions, unless their conduct violates clearly established statutory or constitutional rights of which a reasonable

Douglas v. Douglas

146 So. 2d 227 · Louisiana Court of Appeal · Nov 5, 1962

On the contrary, the trial judge found that both the mother and the father were well qualified and able to care for the child. However, the lower court decided that Decker v. … outside this state, but no such exception is established in favor of the husband.

Wright v. Bennett

924 So. 2d 178 · Louisiana Court of Appeal · Sep 28, 2005

The jurisprudence establishes that communications between an employer and the Department of Employment Security generally enjoy a qualified privilege. … 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; (3) was terminated; and (4) was replaced by someone outside the protected