Case law

In re Stanford

50 So. 3d 151 · Supreme Court of Louisiana · Dec 17, 2010

Although the record does not establish the exact date Dr. Turk was paid, in a letter dated September 25, 2008, Dr. … Milstead’s testimony at the hearing that the signature on the Authorization is his signature and the expert opinion of a duly qualified forensic document examiner that Mr.

Dellinger v. Van Hoorebeek

2010 La.App. 4 Cir. 1759 · Louisiana Court of Appeal · Apr 27, 2011

^Furthermore, “it is not necessary for an agent to establish an express agreement that he should have a pecuniary remuneration for his services. … much of it as is true and qualify or deny the remainder.

Price v. Irons

District Court, E.D. Louisiana · Apr 2, 2020

Given that the Court has found the judges to have absolute immunity, the Court does not proceed to consider defendants’ argument in the alternative that they also have qualified immunity.39 … Miller, 519 F.3d 231, 239 (5th Cir. 2008) (“In evaluating a motion to dismiss a state claim on the grounds of qualified immunity, federal courts must apply the state’s substantive law of qualified immunity.”

Moity v. Louisiana State Bar Association

239 La. 1081 · Supreme Court of Louisiana · May 31, 1960

immediately rather than wait until he has completed three years of study; and it was this action on the part of the Committee which led to the instant petition for permission to take the Bar examinations — a request which is clearly … premature since petitioner has obviously not qualified as an applicant to be admitted to practice; 2 his answers indicate he is not a graduate of a law school, and he has failed to furnish the Committee with the required

State v. Rumley

2014 La.App. 4 Cir. 1077 · Louisiana Court of Appeal · Dec 16, 2015

She subsequently qualified that testimony, saying “not so much the anus.” … In any case, the evidence 'was clearly admissible under La.

Whitney v. Mallet

442 So. 2d 1361 · Louisiana Court of Appeal · Dec 14, 1983

There apparently were several exchanges of words and the plaintiff decided to leave the establishment. … Every person who, under color of state law, causes another to be deprived of any rights, privileges, or immunities secured by the Constitution and laws, is liable to the party injured in an action at law, suit in equity,

Wilks v. Ramsey Auto Brokers, Inc.

132 So. 3d 1009 · Louisiana Court of Appeal · Jan 15, 2014

The testimony presented at trial established that the car began to have coolant problems as soon as it left the lot. … Even if the language waiver requirements were met, the personal assurance of the seller that the car was in good condition qualified the written waiver, rendering its language ambiguous.

Arnold v. Stupp Corporation

205 So. 2d 797 · Louisiana Court of Appeal · Mar 8, 1968

These cases are clearly distinguishable from the authorities hereinabove referred to and the agreement entered into between the parties therein clearly evidence an intent to indemnify the indemnitee against the latter's own … No such qualifying language is found in the instant agreement.

J.L., Individually, and Together With R.P., on Behalf of the Minor Child, R.P. v. Charnell Haymond, University Medical Center Management Corporation and Louisiana Children's Medical Center Dba Lcmc Health

Louisiana Court of Appeal · Jul 22, 2025

Haymond’s actions clearly fall under the amended definitions of “health care” and “malpractice.” As a threshold matter, we note that the effective date of the amendments to La. R.S. 40:1231.1 is August 1, 2025. … The allegations of Plaintiffs’ petition and the evidence presented at the exception hearing establish that Ms.

Cooksey v. Stewart

938 So. 2d 1206 · Louisiana Court of Appeal · Aug 23, 2006

clearly on the face of the pleadings. … A successful claimant in a defamation action must establish the following elements: (1) defamatory words; (2) publication; (3) falsity; (4) malice; and (5) injury. Rogers, supra .

Mays v. American Indem. Co.

365 So. 2d 279 · Louisiana Court of Appeal · Feb 9, 1979

The record does not establish the distance that Thomas was from the Mays procession at the time he made his first observation and slowed his car, but it does establish that he had rought his vehicle under control and slowed … The evidence establishes that Mr.

Deano v. Akkaraju

856 So. 2d 155 · Louisiana Court of Appeal · Oct 1, 2003

In my opinion, the PCF's assertion that the matter has prescribed is clearly not an "issue actually litigated ..." as envisioned by La.R.S. 13:4231(3). … and not qualified, to the same extent that prescription is suspended against the party or parties that are the subject of this request for review.

Richard v. Berrigan

11 So. 3d 1242 · Louisiana Court of Appeal · Jun 12, 2009

Clearly the jury's credibility determinations factored heavily in its decision. … The claims representative was not qualified as an expert.

Guidry v. Beauregard Electric Cooperative, Inc.

14 La.App. 3 Cir. 1108 · Louisiana Court of Appeal · Apr 8, 2015

BECi contends the trial court erred in qualifying Mr. … We have reviewed BECi’s complaint that the trial court erred in qualifying Mr.

Henson v. Safeco Ins. Companies

585 So. 2d 534 · Supreme Court of Louisiana · Sep 9, 1991

NOTES [1] As a resident of Henson's household, plaintiff qualified as an insured under the policy. [2] La.Rev.Stat. 22:1406D was amended again in 1987, to require specifically that the rejection or selection of lower limits … The failure to fill in an amount was ambiguous conduct regarding the intent of the insured, and proof of this failure clearly does not fulfill the insurer's burden of establishing rejection of UM insurance or selection of

McIlhenny Co. v. Bulliard

33 F.2d 978 · District Court, W.D. Louisiana · Jul 23, 1928

(4) Should the prayer of respondent to modify the decree of June 7, 1926, so as to *980 eliminate the qualifying words required thereby in the use of the phrase “Made from tabasco peppers,” be granted? … My conclusion is that the decree went no further than was necessary under the circumstances, and, since it was admittedly violated, the complainant is entitled to such profits and damages as it may have established. 2.

Cascio v. Carpet

968 So. 2d 844 · Louisiana Court of Appeal · Oct 24, 2007

Paula Lyles, a manager at Henry Hays, denied the Cascios' claim that she intimated that Marble was not qualified to do the job. … He stated that Marble had installed wood floors for him before the Cascio job and that he was a reputable and qualified installer.

Thomas v. Town of Arnaudville

721 So. 2d 1280 · Supreme Court of Louisiana · Dec 11, 1998

While the court referred to the strong evidence of “functional paraplegia,” that is simply another name for the conversion disorder which, as noted above, was ruled out by the qualified psychiatrist and psychologist. … Simply put, plaintiff failed to establish a post-accident physical disability by a preponderance of the evidence. The contrary conclusion by the court of appeal was clearly erroneous.

BD. OF COM'RS OF ORLEANS LEVEE DISTRICT v. Connick

654 So. 2d 1073 · Supreme Court of Louisiana · Mar 9, 1995

The Legislature's role in this instance is normative; the structure of our criminal justice system, where not dictated by constitutional considerations, is established by legislative enactment. … "Nor is any person immune from a criminal investigation." Perez, supra, 379 So.2d at 1386 .

Nelson v. Constant

District Court, E.D. Louisiana · Feb 20, 2020

To determine if qualified immunity is applicable, “[f]irst, the court must determine whether the plaintiff has alleged a violation of a clearly established federal constitutional or statutory right. … Defendants argue that qualified immunity is applicable here because they were acting in conformity with La. Rev.