Case law

State v. Kahey

461 So. 2d 543 · Louisiana Court of Appeal · Dec 12, 1984

And they then select those which are qualified to be on the grand jury, or the jury venire. Mr. … Clearly, the penalty imposed in this case is not so disproportionate to the crime committed as to shock our sense of justice.

Terrell v. Terrell

151 So. 661 · Louisiana Court of Appeal · Jan 3, 1934

Terrell, qualified as administrator of his son’s succession December 12, 1932, as shown in probate proceedings No. 3862, this court. … The evidence which the court states it considered, although not admissible, to our mind clearly establishes the fact that, at the time.of the death of plaintiff’s husband, she was in necessitous circumstances, and in fact

Slaughter v. Torres

District Court, M.D. Louisiana · Mar 14, 2023

To rebut Defendant's qualified immunity defense, Plaintiff must establish “(1) that [Defendant] violated a federal statutory or constitutional right and (2) that the unlawfulness of the conduct was ‘clearly established … The Fourth Amendment right to be free from false arrest is clearly established. See Club Retro, L.L.C. v.

Mashburn v. Collin

355 So. 2d 879 · Supreme Court of Louisiana · Dec 13, 1977

In order to avoid confusion in this evolving area of law, it is desirable that we state clearly some of the issues which have not been decided. … This statute, which establishes a defense of qualified privilege to criminal defamation, in pertinent part, provides: "A qualified privilege exists and actual malice must be proved, regardless of whether the publication is

State ex rel. Rogers v. Louisiana State Board of Optometry Examiners

103 So. 2d 512 · Louisiana Court of Appeal · May 26, 1958

The purpose of the testimony of this witness was intended to establish the necessity for the adoption of the resolution in question, and Dr. … of unethical practices, specifically the advertising of business enterprises allegedly practicing optometry and the lending of the name of licensed practitioners to other persons representing themselves to the public as qualified

Le Blanc v. New Amsterdam Casualty Co.

202 La. 857 · Supreme Court of Louisiana · Mar 8, 1943

Furthermore, the plea of inter-spousal immunity, available to the husband in defeating any recovery sought by his wife for injuries sustained by her through his negligent operation of an automobile, is personal to him and … This, is unquestionably a logical deduction which is clearly established by a comparison of the policy without the rider and with it.

Marty Melerine and Oyster Fisheries, Inc. v. Tom's Marine & Salvage, LLC, Tom's Welding, Inc., Triple T Marine, LLC, Captain James Williams, Allianz Global Risks US Insurance Company, and Allianz Global Corporate and Specialty Se

Louisiana Court of Appeal · Mar 4, 2020

the finding is clearly wrong.’” … them cannot be manifestly erroneous or clearly wrong.”

Murray v. Department of Police

97 La.App. 4 Cir. 2650 · Louisiana Court of Appeal · May 27, 1998

Acknowledging the appointing authority's burden of proof as a preponderance of the evidence, the court reiterated, "Although the facts must be clearly established, they need not be established beyond a reasonable doubt as … Clearly, Blappert does not so hold. Indeed, the Blappert court noted that a qualified representative of MMU could have testified in place of the unavailable collector.

State v. Mead

16 So. 3d 470 · Louisiana Court of Appeal · Jul 1, 2009

Jurisprudence indicates that the trial court must be clearly and firmly convinced that the mandatory life sentence is excessive. … R.S. 15:308 are only available to qualified persons once their convictions and sentences are final, and the statute only allows a qualified person to seek relief with the Risk Review Panel, not with the judiciary.

Epps v. Society of the Holy Family

583 So. 2d 1216 · Louisiana Court of Appeal · Jul 16, 1991

Plaintiff presented the testimony of Robert Lipp, qualified as an expert in the field of mechanical engineering. … Vanderbrook, also qualified as an expert in the field of mechanical engineering. Vanderbrook inspected the ladder and *1218 stated that it appeared to be in generally good condition.

State v. Pizzolotto

209 La. 644 · Supreme Court of Louisiana · Feb 11, 1946

A reading of Articles 34 and 35 clearly shows that an aggravated battery is a battery committed with a dangerous weapon and that a simple battery is a battery committed without a dangerous weapon. … When the case was called for trial and before any evidence was introduced, relator objected to the introduction of any evidence whatsoever which would tend to establish either aggravated battery or simple battery, on the

Judson v. Connolly

5 La. 400 · Supreme Court of Louisiana · May 15, 1850

The qualify which the others assumed, in the suit which they instituted against the present defendant, rendered them liable as heirs pure and simple. … We have uniformly held, that a prescription established by art. 1982 of the Civil Code, does not apply to cases of simulation.

Murrin v. Sheldon

165 So. 26 · Louisiana Court of Appeal · Jan 13, 1936

But we think that the defendant overlooks the fact that the petition itself charges clearly that Sheldon was acting as a broker and not as the owner of the land in question. … Sheldon as a duly licensed and qualified real estate broker.” We do not find any contention that the amount claimed is incorrect.

Hamilton v. Burns

2016 La.App. 4 Cir. 0107 · Louisiana Court of Appeal · Sep 28, 2016

of fact unless that finding is clearly wrong in light of the record reviewed in its entirety.” … Second, “the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous).” Id.

Thibodeaux v. Paradigm Ins. Co.

96 La.App. 1 Cir. 0375 · Louisiana Court of Appeal · Feb 20, 1998

The petitioner sought a declaratory judgment against the Louisiana Patient's Compensation Fund (PCF) on the issue of qualified healthcare coverage pursuant to the Louisiana Medical Malpractice Act. … The interest of justice in this extreme case clearly requires that the legal error at the trial court level be addressed. Louisiana Rules of Court, Rule 1-3.

Chiel Kimble v. Curahealth New Orleans LLC

Louisiana Court of Appeal · Dec 1, 2021

The trial court did not err by finding that the medical expert established the standard of care. Further, the trial court’s finding that plaintiff established a prima facie case was not manifestly erroneous. … Songy established the standard of care and that Mr. Kimble produced evidence sufficient to establish that he would likely prevail at a trial on the merits.

Plotkin v. Martino

192 So. 2d 381 · Louisiana Court of Appeal · Feb 3, 1967

Accordingly, Plaintiff is clearly entitled to invoke the doctrine of res ipsa loquitur, thus shifting the burden of proof upon Defendant to establish his son's freedom from negligence. Adams v. … Furthermore, the Independent Appraisal Company's man was qualified as an expert, and Mr. Warren (the mechanic) acknowledged that it is common practice for repair shops to accept Independent Appraisal's estimates.

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

Smith v. Riley

424 So. 2d 1166 · Louisiana Court of Appeal · Dec 21, 1982

The article clearly provides in the first sentence that "(t)he congregation shall elect a board of trustees...". … Clearly, the pastor usurped the authority given to the congregation in this article.

Jones

District Court, W.D. Louisiana · Jun 3, 2026

Tucker's actions to be reasonable under the qualified immunity analysis.”).6 La. … It then held that “the individual officers are protected by Louisiana’s qualified immunity statute.” Id.