Case law

Bercegeay v. Cal-Dive Intern., Inc.

583 So. 2d 1181 · Louisiana Court of Appeal · Jun 27, 1991

Dwain Bercegeay therefore does not qualify as a Jones Act seaman.... … Such was clearly set forth in the decision Pizzitolo v.

Dehart v. Burlington Northern & Santa Fe Railroad

860 So. 2d 248 · Louisiana Court of Appeal · Oct 28, 2003

When the train was in the “hazardous proximity” of between 750 and 900 feet away, it would have been clearly visible. … that the finding is clearly wrong or manifestly erroneous.

State v. Meche

98 La.App. 3 Cir. 327 · Louisiana Court of Appeal · Dec 16, 1998

The Lafayette Parish Council was authorized to create by resolution the Lafayette City-Parish Charter Commission consisting of nine persons, each to be a resident and qualified voter of Lafayette Parish. … not have the authority to impose parish restrictions on such establishments located within the corporate limits of the municipality.”

State v. McMorris

343 So. 2d 1011 · Supreme Court of Louisiana · Feb 28, 1977

sought to establish as the robbery weapon. … However, defendant further urges on appeal that the witness was not qualified to answer it.

In re Anderson

496 B.R. 812 · United States Bankruptcy Court, E.D. Louisiana · Jul 26, 2013

No property can be exempted (and thereby immunized), however, unless it first falls within the bankruptcy estate. … In 1985, Florida amended its homestead law such that the condominium, which had not previously qualified for a homestead exemption, became eligible for an exemption.

Reichert v. State, Department of Transportation & Development

656 So. 2d 47 · Louisiana Court of Appeal · May 10, 1995

As noted by the court in Harrison , clearly both Highways 33 and 821 qualify as a “road, street or parkway” under 23 U.S.C.A. § 101 (a). … We do not find however, that this testimony serves to rebut the prima facie case established by the state.

Theriot v. Bayard

37 La. Ann. 689 · Supreme Court of Louisiana · Jul 15, 1885

Mary, and has not since changed his domicile, was appointed tutor to the plaintiff and qualified as such. … In the present instance it cannot be claimed, nor is it, that the court which rendered the judgment of homologation was incompetent ratione materia, for it clearly had probate jurisdiction.

Rowsey v. Jones

655 So. 2d 560 · Louisiana Court of Appeal · May 10, 1995

Clearly, the law requires that Rowsey establish a causal connection between Dr. Jones's negligence and Mrs. Rowsey's death; he must prove that she had a "chance of survival," which was lost as a result of Dr. … The evidence established that the "Parkland Procedure" he used was governed by a common nationwide standard. The expert was thus qualified to testify based on his proven knowledge of that procedure.

Broome v. Gauthier

443 So. 2d 1127 · Louisiana Court of Appeal · Nov 10, 1983

George Hero was qualified as an expert in electrical and mechanical engineering and the causation of fires. Mr. … Because the defendant's experts could not establish how the fire started, they could not establish that the cause was unrelated to the fault of the owner.

Gabriel v. Tamimie

12 La.App. 5 Cir. 584 · Louisiana Court of Appeal · Mar 13, 2013

Elam to testify at the hearing and in finding that plaintiff failed to present a qualified medical expert in support of his claims. … Rather, the record clearly reflects that the trial judge based his decision to grant summary judgment on plaintiffs lack of expert medical testimony or opinion to support his medical malpractice claims.

Poupart v. Department of Public Safety

District Court, M.D. Louisiana · May 28, 2025

A claim is factually frivolous if the alleged facts are “clearly baseless, a category encompassing allegations that are ‘fanciful,’ ‘fantastic,’ and ‘delusional.’” Id. at 32-33. … The Department is also entitled to sovereign immunity with regards to the plaintiff's § 1983 claims.

Frame v. Yenni

347 So. 2d 309 · Louisiana Court of Appeal · Jun 7, 1977

A provisional appointment of a person deemed qualified by the appointing authority may be made to fill a vacancy in a position for which the civil service board is unable to certify the names of persons eligible for regular … The quoted language of R.S. 33:2494 D clearly establishes the appointing authority has the mandatory duty to make his appointment from the list certified to him.

Evans v. First Nat. Life Ins. Co.

142 So. 356 · Louisiana Court of Appeal · May 30, 1932

Thé first ground of the motion to dismiss is, therefore, clearly without merit. … Hence it cannot be said that the comma was inserted to separate two clauses alike in grammatical construction and both modified or qualified by the same phrase.

Carter v. Richland Parish Police Jury

52 So. 2d 543 · Louisiana Court of Appeal · Apr 27, 1951

These appointees shall be qualified electors and residents of the precinct in which they serve. … The facts show that two polling places were established .for the conduct of the election. One of the polls was located in the country store of M. L.

King v. Schuylkill Metals Corp.

581 So. 2d 300 · Louisiana Court of Appeal · May 16, 1991

R.S. 23:1032 B provides an exception to this tort immunity when the employee's injury is the result of an intentional act. … The warning labels on the sides of the conveyor clearly warned of this very danger.

State v. Battson

828 So. 2d 132 · Louisiana Court of Appeal · Sep 18, 2002

Clearly, therefore, it is reasonable to conclude that his move to Mississippi was not motivated by a desire to avoid his child support obligation. … McCoy clearly stated the effect of loss of employment with a corporate owner, i.e., a person got fired from every company that the employer owned.

Landiak v. Richmond

899 So. 2d 65 · Louisiana Court of Appeal · Mar 2, 2005

Richmond counte-rargues that the trial court correctly dismissed the petition on account of the plaintiffs failure to comply with the exclusive procedure established by the Election Code, and that the merits of the plaintiffs … Pursuant to the request in the petition, the trial court signed an order setting a hearing on the preliminary injunction for February 28, which was clearly beyond the four-day time limit for the commencement of trial found

Scott v. Natchitoches Parish Democratic Executive Committee

121 So. 2d 766 · Louisiana Court of Appeal · Jun 30, 1960

On this point it is incontrovertibly established that Ronald C. … As we stated in the Sanders case, cited supra, the action of party committees should not be disturbed unless they are clearly unreasonable or arbitrary.

Fontan v. Estopinal

529 So. 2d 1330 · Louisiana Court of Appeal · Jul 26, 1988

(2) May two parties contract away legally established rights of a third party who is not privy to that contract? … The affidavits presented by defendant Estopinal clearly refute that as owner he knew or should have known of any defect.

Julio Laboriel-Pitio and Franklin Gustavo Arriola v. Latoya Latiker, Progressive Paloverde Insurance Company and State Farm Mutual Automobile Insurance Company

Louisiana Court of Appeal · Jun 16, 2021

That being said, plaintiffs established that they were injured. … (iii) A person who may be immune from suit because of immunity granted by statute.