Case law

Mitchell v. Iolab Corp.

700 F. Supp. 877 · District Court, E.D. Louisiana · Oct 25, 1988

Sec. 813.5(c)(4) provides the general requirements for an exemption “to permit investigational studies of the device by experts who are qualified by scientific training and experience to investigate the safety and effectiveness … That section reads in pertinent part: *879 This section is incorporated by reference into 21 C.F.R. 813.1 et seq and clearly preserves the subject’s legal rights.

Reynolds v. Louisiana Board of Alcoholic Beverage Control

173 So. 2d 57 · Louisiana Court of Appeal · Mar 8, 1965

Sale by a wholesaler to himself as a retailer, or as a partner in a retail establishment is not a bona fide wholesale transaction. No wholesaler shall store any of his stock on the premises of any retail establishment. … We specifically limit this opinion and decree to said Subsection D which is clearly separable.

Branton v. WEBSTER PARISH SCHOOL BD.

596 So. 2d 840 · Louisiana Court of Appeal · Mar 20, 1992

Louisiana's present constitutional and statutory scheme clearly allows the inclusion of all registered voters in elections of the type presently under consideration. Art. … VI, § 22 by establishing a uniform procedure to conduct elections to authorize the issuance of bonds, the assumption of indebtedness, and the imposition or increase of taxes by a political subdivision.

Mistich v. Volkswagen of Germany, Inc.

666 So. 2d 1073 · Supreme Court of Louisiana · Jan 29, 1996

Vern Roberts, who qualified as an expert in biomechanics, occupant kinematics and highway statistics. … that the factfinder is clearly wrong (manifestly erroneous).

Siemann v. Teston

517 So. 2d 242 · Louisiana Court of Appeal · Nov 10, 1987

For these reasons we do not find the jury verdict clearly wrong. … This opinion, therefore, seems clearly within the purview of accident investigation, and as such was properly admissible.

Opinion Number

Louisiana Attorney General Reports · Jul 21, 2008

successor. (6) "Governing Authority" of Enterprise Zones means the governing body of a parish, municipality or other political subdivision, and the office of the sheriff in the case of a law enforcement district, within which a qualified … The office of the sheriff, in the case of a law enforcement district, clearly falls under the Governing Authority of Enterprise Zones.

Johnson v. Riverplex Intern.

609 So. 2d 1005 · Louisiana Court of Appeal · Nov 24, 1992

The trial judge disagreed and held that Darren Johnson's parents qualified for death benefits as per LSA-R.S. 23:1231(A-B). … Expert testimony alone is not enough to establish that Darren Johnson was intoxicated at the time of his accident.

State v. Gras

131 So. 2d 628 · Louisiana Court of Appeal · Jun 16, 1961

This method, as we have heretofore pointed out, is inapplicable for the reason that the "comparables" are clearly distinguishable from that of the subject property. … The allowance of such damages in proper cases is well established.

Grow v. Transocean Contractors, Inc.

610 So. 2d 830 · Louisiana Court of Appeal · Oct 16, 1992

Generally, negligence is defined as conduct which falls below the standard established by law for the protection of others against an unreasonable risk of harm. Dobson v. … (citations omitted) Under the duty-risk analysis in negligence actions, for liability to attach, the plaintiff must establish that: 1. The conduct of which plaintiff complains was a cause in fact of the harm; 2.

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.

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.

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.

Mitchell v. Geno

943 So. 2d 1235 · Louisiana Court of Appeal · Oct 18, 2006

Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. … Elmore, there clearly is no issue, as there is no evidence that Dr. Shaneyfelt ever changed his opinion from his original deposition testimony, at which time he testified that he did not believe Dr.

Heirs of Delogny v. Mercer

43 La. Ann. 205 · Supreme Court of Louisiana · Feb 15, 1891

The established facts are the following: In 1807 P. B. Delogny, who had previously acquired from J. F. … Clearly he !< obligated himself to leave free, for the common use of the purchasers, the space.” .

D.M.S. v. I.D.S.

225 So. 3d 1127 · Louisiana Court of Appeal · Mar 4, 2015

is clearly wrong. … Albert Sidhom as an expert in order to establish his PAS defense. While Dr.

GRAMBLING STATE UNIVERSITY v. Walker

31 So. 3d 1189 · Louisiana Court of Appeal · Mar 3, 2010

Factual findings in worker’s compensation cases are subject to the manifest error or clearly wrong standard of appellate review. Banks v. … “Substantive laws,” for purposes of determining whether a law should be applied retroactively, are those which establish new rules, rights, and duties, or change existing ones. Brown v.

Lachney v. Delaney

628 So. 2d 46 · Louisiana Court of Appeal · Oct 6, 1993

The 1983 amendments to the Worker’s Compensation Act established a stricter standard for proving permanent total disability. … Clearly, Dr. McKay did not believe that Lachney was in as much pain as he stated.

State v. Cronin

220 La. 233 · Supreme Court of Louisiana · Dec 10, 1951

You don't have to say anything if you don't want to but it is your right to say anything if you wish because you can waive immunity if you wish and this is not a statement that will in any way incriminate you whether you … The particular section cited relates to the State Industrial School for Girls established by the State and which is located in Rapides Parish.

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

Bankston v. Scaffolding Rental

513 So. 2d 307 · Louisiana Court of Appeal · Aug 21, 1987

An odd-lot claimant does not have to be absolutely helpless to qualify for total disability status. … The evidence in this case clearly establishes that plaintiff's injury was only partially disabling, limiting him to a maximum of four hundred and fifty weeks of payments, beginning April 29, 1983, in accordance with the formula