Case law

Bonvillain v. Terrebonne Parish Consolidated Government

District Court, E.D. Louisiana · May 14, 2024

immunity. … If this was a self-inflicted gunshot wound – which this video does not clearly establish – then Leone’s flight from the scene makes little sense.

Romo v. Massman Construction Co.

615 F. Supp. 2d 488 · District Court, E.D. Louisiana · May 5, 2009

Massman was Romo’s employer and Romo is clearly not a Jones Act seaman. … The LHWCA establishes a workers’ compensation program for longshoremen and other maritime workers injured or killed in work-related accidents. Watkins v.

State v. Robinson

223 La. 595 · Supreme Court of Louisiana · Feb 16, 1953

Accordingly, since he did not observe the speed at which defendant’s truck was travelling, his statement was clearly hearsay and could only be received on the theory 'that he was an expert on the speed of motor vehicles qualified … On the contrary, Section 6233 merely provides that the speed of an automobile may, like any other fact, be established by circumstantial evidence and Section 6234 declares that the physical effect of the impact of vehicles

Ellis v. Hicks

485 So. 2d 1003 · Louisiana Court of Appeal · Mar 12, 1986

Clearly he could have also retained his own expert, which he did not do. We find no merit to this argument. … It is well established in our jurisprudence that we will not disturb a trier of fact’s conclusions unless manifestly erroneous. We find no such error in this case.

Hingle v. General Motors Corp.

411 So. 2d 647 · Louisiana Court of Appeal · Mar 9, 1982

Plaintiffs called Dennis Suarez who was qualified as an expert in automotive repairs. … We feel the evidence is sufficient to sustain the Trial Judge’s finding that plaintiffs failed to establish their automobile was defectively manufactured and we will not disturb *650 that determination absent the “clearly

State v. Boothe

532 So. 2d 203 · Louisiana Court of Appeal · Oct 5, 1988

The third is the admission or acknowledgment of facts which tend to establish guilt, but which do not involve the existence of criminal intent. … "[A] blanket prohibition against the taking of voluntary statements or a permanent immunity from further interrogation, regardless of the circumstances, would transform the Miranda safeguards into wholly irrational obstacles

Howard v. Mamou Health Resources

12 La.App. 3 Cir. 820 · Louisiana Court of Appeal · Mar 6, 2013

The supreme court held the filing of suit against a qualified health care provider in the district court neither suspends nor interrupts the one-year prescriptive period for filing medical malpractice claims. … A study of the jurisprudence interpreting La.R.S. 40:1299.44(0 clearly establishes a medical malpractice claimant seeking recovery from the PCF is unquestionably subject to the notice requirements set forth in La.R.S. 40:

Fisher v. Department of Social Services

600 So. 2d 1368 · Louisiana Court of Appeal · May 22, 1992

Fisher alleges essentially that she is more experienced and better qualified for the position than the person who received the appointment. … Fisher's application for review herein, rather than granting it, the present situation is clearly inapposite to the situation in Schneider . For these reasons, Ms.

Denoux v. Vessel Management Services, Inc.

964 So. 2d 1081 · Louisiana Court of Appeal · Jul 11, 2007

The Belle of Orleans must also qualify as a vessel for the Crew members to qualify as seamen under the Jones Act. In Cappiello , the Stingray vessel navigated bodies of water daily. … Supreme Court has established a two prong test for determining a maritime nexus sufficient to establish admiralty jurisdiction: (1) the court must determine whether the incident has a potentially disruptive impact on maritime

State v. Whittaker

463 So. 2d 1270 · Supreme Court of Louisiana · Feb 26, 1985

This note is clearly relevant. It indicates consciousness of guilt and an attempt to persuade a co-defendant to remain silent or lie. … His alibi witnesses did not establish that he was at the Dunn home that evening at the time of the crime.

Cimarex Energy Co. v. Mauboules

8 La.App. 3 Cir. 452 · Louisiana Court of Appeal · Mar 11, 2009

“Appellate courts review the trial court’s findings of fact under a ‘manifest error’ or ‘clearly wrong’ standard.” Rosell v. ESCO, 549 So.2d 840, 844 (La.1989). … The Mineral Code clearly contemplates a situation in which someone, other than the lessor, might seek payment of royalties from a lessee. La.R.S. 81:212.21 8 .

Judice v. Hospital Serv. Dist. No. 1

919 F. Supp. 978 · District Court, E.D. Louisiana · Mar 13, 1996

To make out a prima facie case under the ADA, one must establish: (1) that he is a qualified individual with disabilities; (2) that he was discriminated against by a public entity; and (3) that the discrimination occurred … Judi-ce has established a prima facie case of discrimination. The Court now turns to the defendants’ justifications for their conduct. B.

State Ex Rel. Mims v. Butler

601 So. 2d 649 · Supreme Court of Louisiana · May 26, 1992

Because of ambiguity in the habitual offender statute, we will apply the well established principles of strict statutory construction, and lenity. … The Fifth Circuit concluded that: Since the legislature could have clearly stated its intention if it chose to do so, and since it did not repudiate the rule established in the Simmons case by the 1982 amendment, for the

Veritext Corp. v. Bonin

District Court, E.D. Louisiana · Jul 10, 2020

Limitations on state action immunity are critical when the State delegates its regulatory power to active market participants, as “established ethical standards may blend with … It is sufficiently clear from the record that the members of the Board qualify as active market participants.

Valet v. City of Hammond

577 So. 2d 155 · Louisiana Court of Appeal · Mar 5, 1991

This is a well settled rule and was first established in Harvey v. Travelers Insurance Company, 163 So.2d 915 (La.App. 3rd Cir.1964). See, Recard v. … However, this is an operational decision, not a policy-making or discretionary function decision for which La.R.S. 9:2798.1 provides immunity.

Scarberry v. Entergy Corp.

2013 La.App. 4 Cir. 0214 · Louisiana Court of Appeal · Feb 19, 2014

Searberry asks that we find the jury’s assessment of his reduced earning capacity to be clearly wrong and that we increase it to the amount established by the uncontradicted expert testimony of an economist. … establish the amount of his loss of earning capacity.

Lemann v. Mutual Life Ins. Co. of NY

523 So. 2d 948 · Louisiana Court of Appeal · Apr 12, 1988

Louisiana has established, for reasons of public policy, certain communications which are privileged and excluded from evidence. … They are immunized from liability if they dissiminate an insured's medical information.

Oleszkowicz v. Exxon Mobil Corp.

12 La.App. 5 Cir. 623 · Louisiana Court of Appeal · Dec 19, 2013

Convoluted factual or legal scenarios could qualify as exceptional circumstances, which justify the application of this exception. Brouillard v. … In order to obtain an award of punitive damages, the plaintiff must establish by a preponderance of the evidence that, one, the defendant’s conduct was wanton and reckless, involving extreme departure from ordinary care in

State v. Duque

946 So. 2d 760 · Louisiana Court of Appeal · Jan 18, 2007

The trial court conducted a hearing and later issued an order denying the motion to quash, finding that the BOCS is a public agency and that, therefore, the defendant qualified as a "public officer" or a "public employee. … R.S. 23:61 et seq. and thereby established "a procedure for the designation of community action agencies; fixing the responsibilities of community action agencies; defining community action programs; and establishing a formula

Starnes v. Police Jury of Rapides Parish

27 So. 2d 134 · Louisiana Court of Appeal · May 27, 1946

Lewis Ates, the duly elected, commissioned and qualified police juror from Ward 10 of the Parish of Rapides, being the ward in which the said roadway is located. … And, finally, we find that the evidence clearly fails to establish an intent on the part of the Police Jury to abandon the old road. [5] Regardless of any agreement with an individual police juror, we hold it to be conclusively