Case law

State v. Reese

250 La. 151 · Supreme Court of Louisiana · Jan 16, 1967

When this law is applied to the facts in the instant case, it is obvious the statements sought to he excluded under these four bills were clearly not admissible as “dying declarations” of Miss Blades. … This argument is clearly without merit.

Van Buren v. Minor

247 So. 3d 1040 · Louisiana Court of Appeal · Apr 11, 2018

Therefore, the jury finding is not manifestly erroneous or clearly wrong and this court cannot reverse. … C.E. art. 702 provides in part: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion[.] La.

Aetna Life & Casualty Co. v. AMI-Electrical & Hoist Service

93 La.App. 3 Cir. 1291 · Louisiana Court of Appeal · May 4, 1994

The trial court was clearly wrong in denying plaintiffs’ motion for Judgment Notwithstanding the Verdict, or in the alternative, a New Trial; 3. The trial court was clearly wrong in accepting Dr. … He also stated that he had been qualified as an expert at least 40 times during his career, including cases involving origins of fires.

In Re Succession of Haydel

2000 La.App. 1 Cir. 0085 · Louisiana Court of Appeal · Feb 16, 2001

It is undisputed that Lieux made such an election on the estate tax return with respect to the QTIP Trust established in this case. … Accordingly, the estate obtained a marital deduction equal to the value of the property placed in the QTIP Trust by virtue of the trust document establishing Loretta with a qualifying income interest for life in that trust

Roger v. Otterstater

498 So. 2d 1093 · Louisiana Court of Appeal · Dec 10, 1986

The manual provides no concrete standards for the establishment of school zones. … The department is uniquely qualified to survey the traffic situation, weigh the options and decide to reject certain of those options.

Hassen v. Bowman

District Court, W.D. Louisiana · May 27, 2025

And so construed, the Court has broad discretion in deciding these motions. , 367 F.3d 473, 482–83 (5th Cir. 2004).1 “A motion to alter or amend the judgment under Rule 59(e) ‘must clearly establish either … Treating medical providers clearly have an interest in this information to properly care for patients admitted to the hospital.

State v. White

535 So. 2d 929 · Louisiana Court of Appeal · Sep 21, 1988

She has also been qualified as an expert before. In State v. Abram, supra , this court found Ms. … Armstrong's qualifications adequate to qualify her as an expert in the detection and identification of Pentazocine, and we find no abuse of discretion in the trial judge's finding that she is also qualified to detect and

Jeansonne v. Jeansonne

171 So. 497 · Louisiana Court of Appeal · Jan 5, 1937

On the contrary, one of the above-quoted allegations clearly reveals that the signers were fully cognizant of the import of their act and they intended to and did adopt that form of instrument for a particular purpose. … Plaintiff has no present interest in the estate of his mother, who is alive, and plaintiff’s suit is therefore premature.” *501 Accordingly, the donation to defendant is immune from attack by such children at this time.

Wall v. Democratic Representative District Committee for District 15

317 So. 2d 308 · Louisiana Court of Appeal · Aug 28, 1975

The objection . shall be in writing and by petition and shall contain, in detail, the reasons for the objection . . . ’ “It was established that the plaintiff is a qualified elector and also has filed his application to become … convinced that both of them were aware of their acts in affixing their signatures to the form of the appraisal and since the document which they signed recited that it was “Sworn to” before the deputy sheriff, we think they clearly

ASSOC. FOR RET. CITIZENS/OUACHITA v. Wilson

981 So. 2d 246 · Louisiana Court of Appeal · Apr 30, 2008

ARCO cannot establish that it is entitled to the relief sought, and its arguments regarding standing cannot overcome the lack of a remedy for injunctive relief provided in the statute. La. … Therefore, we find that the trial court clearly abused its discretion in granting the preliminary injunction.

LeBlanc v. Baxter

905 So. 2d 415 · Louisiana Court of Appeal · May 31, 2005

Other courts have qualified the witness, who is by experience and education well qualified to testify as an expert in accident reconstruction. … On appellate review, the court's function is to determine whether the findings of the trier-of-fact were clearly wrong or manifestly erroneous. Himel v. State ex rel.

Calhoun v. Lane

39 La. Ann. 594 · Supreme Court of Louisiana · May 15, 1887

, to show that an established contract “turned to her advantage.” … Both the Code and the decisions quoted clearly indicate what defendant’s remedy and redress are.

West v. Rieth

152 F. Supp. 3d 538 · District Court, E.D. Louisiana · Dec 22, 2015

The Westfall Act and Government Employee Immunity Pursuant to 28 U.S.C. § 2679 , “commonly known as the Westfall Act,” “federal employees [have] absolute immunity from common-law tort claims arising out of acts they undertake … Both parties have submitted Department of Defense documentation regarding the programs established to facilitate the reporting of such allegations, which documentation establishes that the military’s “goal is a culture free

Donovan v. Gretna Machine & Ironworks, Inc.

100 F.R.D. 798 · District Court, E.D. Louisiana · Feb 13, 1984

The Secretary argued the application of sovereign immunity, and the absence of an independent basis of federal jurisdiction to support the claim for declaratory relief. … Clearly, however, other courts in identical circumstances have rejected plaintiffs’ objections and have allowed companies subject to inspection to maintain challenges to the validity of the inspection process, and have upheld

Bergeron v. Main Iron Works, Inc.

563 So. 2d 954 · Louisiana Court of Appeal · May 30, 1990

The cases establish that the mere fact that a dangerous condition is open and obvious to the ship repairer or stevedore will not automatically immunize the shipowner from liability for injuries sustained as a result of encountering … The jury was manifestly erroneous-clearly wrong in finding otherwise. For the foregoing reasons, I respectfully concur.

Caddo Parish School Bd. v. BD. OF ELECTIONS SUPERVISORS

384 So. 2d 448 · Supreme Court of Louisiana · May 8, 1980

interest. (7) Creating private corporations, or amending, renewing, extending, or explaining the charters thereof; granting to any private corporation, association, or individual any special or exclusive right, privilege, or immunity … In Dubuisson , a legislative act provided for the creation of a new parish by majority vote, but the Constitution required a two-thirds vote of qualified electors for such a purpose.

Charbonnet v. Braden

358 So. 2d 360 · Louisiana Court of Appeal · Apr 14, 1978

The evidence clearly preponderates that voter error accounts for the recording of a larger number of voters entering the machine than the combined total of votes cast. … In Ward 7, Pct. 6, the totals were Braden 41, Charbonnet 202, machine counter 245. [1] It is relatively insignificant that the new polling place was established in another precinct in violation of the Election Code.

Duhon v. Board of Supervisors for Louisiana State University and Agricultural and Mechanical College

District Court, E.D. Louisiana · Aug 23, 2021

“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 … person would have known.”61 “To overcome the immunity defense, the complaint must allege facts that, if proven, would demonstrate that [the Individual Defendants] violated clearly established statutory or constitutional

Chenault v. C & H ENTERPRISES, LTD.

514 So. 2d 535 · Louisiana Court of Appeal · Sep 18, 1987

This burden was on the plaintiff, a party whose credibility *540 was completely destroyed by the testimony of the forensic document examiner which clearly established that plaintiff had in fact signed the note. … The finding by the trial court to the contrary was clearly wrong.

State ex rel. Bell v. Hufty

11 La. Ann. 303 · Supreme Court of Louisiana · Apr 15, 1856

the removal of whom has been otherwise provided for by this Constitution;” and'whereas, a Sheriff is a- civil officer, whose removal is not otherwise'provided for by the Constitution ; and whereas, it has been indubitably established … The Act of March loth, 1855, (p. 370) relied upon by the appellant, fully recognizes the'two-distinct but co-existing modes of removal indicated so clearly in the Constitution Itself.