Case law

David v. LOUISIANA DEPARTMENT OF HEALTH AND HOSPITALS

962 So. 2d 1234 · Louisiana Court of Appeal · Sep 14, 2007

Thus, there is no acceptable documentation in evidence, current within 1 year of November 1998 which establishes that Brandon David would have been eligible for the Cash Subsidy program had he been considered in November … Chafetz concluded his evaluation by stating that Brandon clearly meets the criteria for autism and that autism is present from birth.

Strother v. Guinn Oilfield Services, L.L.C.

3 La.App. 3 Cir. 1310 · Louisiana Court of Appeal · Mar 3, 2004

Strother has proven by a preponderance of the evidence that he suffered an incident on his job during the course of his employment which qualifies as an accident under the Workers’ Compensation Law.” We agree. … Strother clearly benefitted from a presumption that *118 a work-related accident caused his injuries.

Morris v. Rainwater

218 So. 3d 226 · Louisiana Court of Appeal · Jan 11, 2017

that the fact finder is clearly wrong or manifestly erroneous. … Haynes was qualified as an expert. Plaintiff counsel continued to object to any testimony concerning the possibility of Tylenol as a cause of liver failure.

Addington v. Bayou Dorcheat Correctional Center

District Court, W.D. Louisiana · Sep 18, 2023

In doing so, the Court also denied Wells’s assertion of qualified immunity. Id. at 19. … would have been on notice that he was violating clearly established law.”

State v. Laviolette

576 So. 2d 1000 · Louisiana Court of Appeal · Mar 26, 1991

Clearly, no exigent circumstances existed when Detective Melancon proceeded to the wrecking yard where defendant's vehicle was stored. … La.C.E. art. 702 provides that a witness qualified as an expert by knowledge, skill, experience, training or education may give testimony as an expert.

Opinion Number

Louisiana Attorney General Reports · Nov 15, 2006

Youngsville's Mayor's Police Committee clearly falls within this definition. Because the Police Committee is a "public body," all meetings are public meetings subject to the open meetings and voting requirements of La. … The Police Committee qualifies as a public body under the definition set forth in the Public Records Law as well because it is a municipal government committee designated to perform a governmental (advisory) function.

State v. Reaux

539 So. 2d 105 · Louisiana Court of Appeal · Feb 16, 1989

Officer Robert McNeil was qualified as an expert in narcotics transactions. He testified about the various ways in which cocaine is distributed throughout the City of New Orleans. … The actions of each individual were clearly part of the common scheme to sell illegal drugs. This conclusion is clearly supported by the expert testimony of Officer McNeil.

Campbell v. Sales Tax District 3 of St. Tammany Parish

673 F. Supp. 790 · District Court, E.D. Louisiana · Nov 16, 1987

Tammany Parish and Police Jury officials clearly culminate in the imposition of a “tax under State law,” as defined by the Act. See Tramel v. … Thus, to the extent plaintiffs in this matter seek injunctive relief, this Court is clearly without jurisdiction to grant injunctive relief.

Mashburn Marital Trusts v. Mashburn Family Trust

2006 La.App. 1 Cir. 0741 · Louisiana Court of Appeal · Dec 28, 2006

and in need of medical attention; that his resources without distributions from his family trust were insufficient to provide for his necessary support, maintenance, medical expenses, and welfare; and that he could not qualify … that the finding is clearly wrong or manifestly erroneous.

St. John Baptist Parish v. State ex rel. Department of Wildlife & Fisheries

2002 La.App. 5 Cir. 612 · Louisiana Court of Appeal · Oct 16, 2002

We agree with the trial judge that the cases are clearly distinguishable and therefore inapplicable here. In Demolle v. … Finally, we note that the issue of sovereign immunity does not apply to bar the action by the Plaintiffs and that the Plaintiffs were not required to seek the *1234 approval of the legislature before filing suit.

State v. Jones

316 So. 2d 100 · Supreme Court of Louisiana · Jun 25, 1975

relator objected to the introduction on grounds that the report was inadmissible because the State did not introduce the permit from the state department of health certifying that the person who administered the test was qualified … However, careful consideration readily reveals that such reasoning is clearly specious, in light of the fact that test results establishing legal intoxication dispense with the State's obligation to affirmatively meet its

Williams on Behalf of Williams v. Kushner

449 So. 2d 455 · Supreme Court of Louisiana · Apr 2, 1984

PATIENT'S COMPENSATION FUND The Patient's Compensation Fund is established and regulated by La.R.S. 40:1299.44 as a special fund for the benefit of successful medical malpractice claimants who are entitled to damages in excess … Clearly, the ambiguous reference to "the court" in the medical malpractice act is insufficient to deprive a claimant of a jury trial. *458 Similarly, there is no prohibition against a jury determination of post-settlement

Tippit

District Court, W.D. Louisiana · Jan 22, 2026

The Fifth Circuit has consistently held that the decision of when and whether to file criminal charges clearly falls within the scope of a district attorney’s prosecutorial duties protected by absolute prosecutorial immunity … Pope, 793 F.2d 1072, 1078 (9th Cir. 1986) (“[A] conspiracy between judge and prosecutor to predetermine the outcome of a judicial proceeding, while clearly improper, nevertheless does not pierce the immunity extended to

Arnaud v. UNITED BROTH. OF CARPENTERS

577 So. 2d 184 · Louisiana Court of Appeal · Mar 5, 1991

Defendant, the Carpenters Local 1098 Pension Trust (Pension Trust), is a collectively bargained Trust which provides a pension plan for qualified carpenters and of which plaintiff is a member. … Landry would not be entitled to share in that income which would clearly be his separate property.

Richardson v. Advanced Cardiovascular Systems, Inc.

865 F. Supp. 1210 · District Court, E.D. Louisiana · Sep 14, 1994

Only after review by those qualified to render expert analysis can this Court entertain the matters currently before it. … hospitals licensed in Louisiana); La.R.S. 40:1299.42 (specifying requirements to be "qualified” under the Act). 22 .

Lewis v. Commissioner of Ins. for State of Louisiana

11 La.App. 5 Cir. 347 · Louisiana Court of Appeal · Dec 13, 2011

The court advised him there was nothing in the case record showing any activity, saying, ‘Tour hiring of an expert to review records does not qualify as formal discovery.” … The defendants contend that the abandonment article is self-executing and that the plaintiff failed to establish any exception to its ápplieation in this case. We find' no merit to Assignments of Error No. 1 and No. 2.

La Pierre v. Gibson

420 So. 2d 990 · Louisiana Court of Appeal · Sep 30, 1982

The record reveals sufficient evidence to establish acknowledgement under subdivision (2) of R.C.C. Article 209. … Its language in pertinent part follows: The tests shall be made by experts qualified as examiners of blood types who shall be appointed by this court.

Burford v. Sanders

520 So. 2d 993 · Louisiana Court of Appeal · Dec 7, 1987

Sawyer were qualified to vote in the District 9 Police Jury race at the Waller School precinct. … While not clearly stated, the record suggests that Zsi-movan was the only voter affected at that precinct.

Michael O. Read v. Willwoods Community

165 So. 3d 883 · Supreme Court of Louisiana · Mar 17, 2015

All three candidates were considered extremely qualified. Mr. Read was already known to the committee members with varying degrees of familiarity. … Read personally believed Willwoods wanted a five or six year contract, this belief was clearly unilateral.

Adams v. Kaplan

District Court, W.D. Louisiana · Jan 8, 2025

Under Louisiana law, to possess such a capacity, an entity must qualify as a “juridical person.” … Inc., 238 F.3d 636, 643 (5th Cir. 2001), the State has not waived its immunity by consenting to suit, nor has Congress abrogated the Eleventh Amendment immunity by enacting 42 U.S.C. § 1983. See Will v. Mich.