Case law

Vestal v. Kirkland

11 La.App. 3 Cir. 419 · Louisiana Court of Appeal · Nov 23, 2011

that the fact finder is clearly wrong or manifestly erroneous. … The medical testimony clearly established he would be unable to work in any of these positions in the future because of his injuries. Dr.

John Nickelson v. Henry Whitehorn and Kyle R. Ardoin, in his official capacity as Louisiana Secretary of State

Louisiana Court of Appeal · Dec 12, 2023

In his post-trial brief, Nickelson argued that the testimony and evidence clearly established double voting by two individuals, voting by four fully interdicted individuals, and multiple irregularities in mail-in ballots … Clearly, irregularities existed in the voting for the office of Caddo Parish Sheriff. Nickelson has established that two voters illegally voted twice in clear violation of La. R.S 18:1305.

Narcisse v. Continental Ins. Co.

419 So. 2d 13 · Louisiana Court of Appeal · Jul 28, 1982

It was established that the door was made of metal, weighed 112 pounds, [1] and lacked a doorstop or closure. Dr. Louis V. … Testimony as to safety or design of doors would have clearly been outside of his field of expertise, as the trial court correctly concluded.

Boguille v. Chambers

96 La.App. 4 Cir. 1173 · Louisiana Court of Appeal · Dec 11, 1996

That argument, how *589 ever, ignores the provisions of La.R.S. 9:2798.1(B), which grants governmental units qualified immunity from liability “based upon the exercise or performance or the failure to exercise or perform … We hold that discretionary immunity absolves it from liability in its decision to set the territorial limits of the ordinance’s application at 225 feet north of the dolphin.

McLavy v. Martin

167 So. 2d 215 · Louisiana Court of Appeal · Sep 2, 1964

Thus our basic law clearly authorizes the naming of party candidates for political office by means other than party primaries or conventions. … Thus, we believe, the pertinent statutory authority, considered in pari materiae (as they must be) establish the validity of LSA-R.S. 18:621.

Community Chest v. Union Mission Ass'n

30 So. 2d 131 · Louisiana Court of Appeal · Mar 27, 1947

This question has been definitely settled by the jurisprudence of our State, and we find that the principle applicable is clearly set forth in the opinion of the Supreme Court in the case of Layne Bowler Co. v. … intent of a specific agreement, has been granted the supervision, administration and control of a particular institution, and, on the other hand, to contend that it is without right to properly staff such an institution with qualified

Davis v. Claiborne Electric Cooperative, Inc.

56 So. 3d 321 · Louisiana Court of Appeal · Dec 15, 2010

A workers’ compensation judge’s factual findings are subject to the manifest error or clearly wrong standard of appellate review. Hammock, supra; Gilliam v. … Thus, simply stated, and a point conceded by Claiborne, if plaintiff did hit a hole and jar his back, such an event would qualify as an accident.

State v. White

430 So. 2d 174 · Louisiana Court of Appeal · Mar 28, 1983

At trial, the state presented testimony of three officers who were qualified as experts in the field of fingerprinting to establish the match between the fingerprints lifted from the scene of the crime and those of Alfred … ASSIGNMENT OF ERROR NO. 5: At trial the state presented testimony of three employees of the Ruston Police Department who were qualified as experts in the field of fingerprinting to establish the positive match between the

Brown v. Southern Baptist Hosp.

715 So. 2d 423 · Louisiana Court of Appeal · Apr 15, 1998

On the other hand, the record establishes that this negative impact has ameliorated substantially. … SBH Nurses and Pharmacist as Qualified Health Care Providers LPCF argues that, if SBH was found to be a qualified health care provider, then its negligent employees should also be identified as such.

Del A. v. Roemer

777 F. Supp. 1297 · District Court, E.D. Louisiana · Oct 21, 1991

state has qualified for section 627 incentive funds in a given year, discontinuance of the qualifying programs has no consequence during the year. … The court went on to say that there is no clearly established right to a stable foster home environment. 84 Indeed, the Fifth Circuit rejected such a right in Drummond v.

Ober v. CUNA Mut. Soc.

645 So. 2d 231 · Louisiana Court of Appeal · Oct 26, 1994

We cannot say the trial court was clearly wrong in finding Ober was the driver of the truck. … This finding is clearly warranted by the record.

State v. Parker

596 So. 2d 315 · Louisiana Court of Appeal · Mar 11, 1992

This evidence is clearly relevant because it tends to show the defendant's knowing control and maintenance of a business where prostitution was habitually practiced. … The testimony also established that the defendant received support from the *322 profits made by the Tokyo Spa.

State Ex Rel. Garland v. Guillory

184 La. 329 · Supreme Court of Louisiana · Dec 13, 1935

Defendant filed an exception of no cause or right of action, which clearly presented in the lower court the question of the constitutionality of the act. … seven district courts in New Orleans it may establish more.

LeGrand v. State ex rel. Department of Highways

390 So. 2d 957 · Louisiana Court of Appeal · Oct 28, 1980

. *959 Appellant assigns as error the following (1) the trial court erred in applying an unreasonably onerous burden of proof, (2) the trial court placed weight upon opinion testimony of one not qualified to render opinion … When the trial judge made this finding which was supported by the evidence and which we do not find to be clearly wrong, he was required to have gone no further to conclude that plaintiff failed to establish that defendant

Fernandez v. Louisiana Department of Children and Family Services

District Court, M.D. Louisiana · Mar 4, 2025

This Court, relying on Fifth Circuit precedent, routinely stays discovery pending resolution of motions to dismiss raising threshold issues such as qualified immunity. Baxter v. Louisiana, 2022 WL 1509118, at *1 (M.D. … Despite Plaintiffs’ correct assertion of the good cause standard, Defendants in their Reply do not engage with the standard, and clearly have not met the movant’s burden to show good cause for a stay of discovery under

Blanc v. Dupré

36 La. Ann. 847 · Supreme Court of Louisiana · Jul 15, 1884

Duson had been appointed and qualified as curator thereof. In that capacity he brought the suit referred to against the same defendants and upon the identical cause of action presented in the present action. … The case falls clearly within the broad doctrine heretofore laid down by this Court: “ In order to determine the extent and effect of a legal interruption, we must inquire more particularly into the object and cause of the

State v. Aspara

113 La. 940 · Supreme Court of Louisiana · Dec 19, 1904

the jurors, and that some jurors were qualified (or attempted to be qualified) by a single commissioner, out of the presence of the others. … (S)That, to warrant conviction, the defendant must be proved guilty so clearly and conclusively that there is no reasonable theory upon which he could be innocent, upon all the evidence in the ease considered together. (4

McManus v. St. Tammany Parish Jail

District Court, E.D. Louisiana · Apr 19, 2024

Qualified Immunity Further, to the extent there is evidence establishing their personal involvement, Smith and Fleishman contend that they are entitled to qualified immunity … A plaintiff seeking to show that the qualified immunity defense is not available must show: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time

Ginn v. Woman's Hospital Foundation, Inc.

842 So. 2d 338 · Supreme Court of Louisiana · Apr 9, 2003

R.S. 40:1299.42(D)(5) clearly contemplates a partial settlement between the health care provider and/or his insurer with the plaintiff. … We, in turn, must interpret the language of the statute at issue as clearly written.

Katherine Winzer v. Bienville Parish School Board and Dr. Byron Lyons, In His Official Capacity as Superintendent of the Bienville Parish School Board

Louisiana Court of Appeal · Dec 3, 2025

Appointee shall be removable from his or her position for such cause in accordance with the procedures established by law. … As such, Winzer was qualified for both positions, and no additional training was necessary.