Case law

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

Penn v. Inferno Manufacturing Corporation

199 So. 2d 210 · Louisiana Court of Appeal · Apr 17, 1967

John Penn, was a highly qualified, experienced and capable well tester. Mr. R. W. … However, it was clearly established that the sight glass was manufactured by Corning Glass Works for Inferno; and it is our view that Inferno is entitled to call upon Corning as warrantor.

Erdey v. American Honda Co.

96 F.R.D. 593 · District Court, M.D. Louisiana · Jan 17, 1983

Clearly entering the settlement agreement constitutes voluntary abandonment by plaintiff of the action as to these defendants. … The medical malpractice statute establishes a patient’s compensation fund which is available to pay claims in excess of $100,-000 (up to a maximum of $500,000), while the qualified health care provider is self-insured or

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

Lamkin v. Flanagan

865 So. 2d 916 · Louisiana Court of Appeal · Jan 28, 2004

After a trial, the court issued a written opinion finding that the seized property did not qualify for a homestead exemption. … The party alleging abandonment has the burden to clearly establish that abandonment has occurred. Chalin, supra .

Meyer & Associates, Inc. v. Coushatta Tribe of Louisiana

Louisiana Court of Appeal · Aug 8, 2007

Coushatta refutes the import of Meyer’s arguments with evidence establishing that nonmembers doing business with the Tribe regularly obtained specific resolutions waiving sovereign immunity as provided in the Judicial Code … Nat’l Farmers, 471 U.S. 845, 105 S.Ct. 2447. 14  Conclusions Louisiana and its courts clearly have an interest in seeing that their

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

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 .

Bennett v. Niagara Fire Insurance Company

126 So. 2d 718 · Louisiana Court of Appeal · Jan 30, 1961

Pictures filed in evidence showing five of these places clearly demonstrate that fire burned sufficient to char the wood in each one of these relatively small areas. … Marsden Miller, a well qualified building contractor, who estimated the fire damage at $6,485.75. The estimates prepared by Mr.

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.

Johnson v. Alexander

406 So. 2d 1378 · Louisiana Court of Appeal · Nov 10, 1981

Sterling Plate Glass & Paint Company, Inc., supra, our brethren of the First Circuit stated: "The most widely accepted test cited for establishing an employer-employee relationship involves the right of control. … The record establishes a principal-contractor relationship between Vincent and Dupont whereby Dupont would furnish and maintain one 550 tractor with an operator at a rate of $24.00 per hour.

Pontchartrain Materials Corp. v. PLAQUEMINES PARISH GOVERN.

2003 La.App. 4 Cir. 1444 · Louisiana Court of Appeal · Mar 31, 2004

In the present case, the facts clearly establish that Pontchartrain is a lessee who is domiciled in Orleans Parish. Therefore, the right to *1177 collect lease taxes remains with the taxing authority of Orleans Parish. … Market Leasing establishes that the proper site to collect a lease tax from Pontchartrain is Orleans Parish. Thus, the mere fact that PPG deems its tax assessment to be equitable is irrelevant.

Laborde v. Velsicol Chemical Corp.

474 So. 2d 1320 · Louisiana Court of Appeal · Aug 21, 1985

Plaintiff did not display any allergic reactions and the tests indicated that plaintiff's immune system was intact. … The psychiatric testimony, including objective psychological testing, clearly established that plaintiff was suffering from an emotional disorder, the onset of which occurred considerably well before the period of the alleged

State v. Thibodeaux

16 La.App. 3 Cir. 542 · Louisiana Court of Appeal · Mar 15, 2017

I think he’s more than qualified to do this. He’s done over five thousand autopsies, he’s done gunshot wounds, and I think he’s more than qualified to testify in this area. THE COURT: Objection’s overruled. … The jury was clearly instructed that it could return a verdict of guilty to the lesser included offense of manslaughter.

Jones v. Howard McCall, Inc.

12 La.App. 3 Cir. 558 · Louisiana Court of Appeal · Nov 7, 2012

Jones’ claims arise under general maritime law and the Jones Act, Louisiana’s manifest error/clearly wrong standard of review is applied on appeal. Milstead v. … As this standard of review is well established, we need not reiterate it here. Assignment of Error Number One ABCCO first argues that the jury erred in finding that Mr. Jones qualified as a Jones Act seaman.

Tassin v. Slidell Mini-Storage, Inc.

396 So. 2d 1261 · Supreme Court of Louisiana · Apr 6, 1981

Further finding that plaintiffs clearly proved the amount of damages to their property, he rendered judgment in favor of Mr. and Mrs. … The lessees assumed this responsibility by freely entering into the warehouse agreements, thereby dispensing with the implied warranty in their favor established by La.Civ. Code art. 2695.

Henderson v. Nissan Motor Corp.

869 So. 2d 62 · Supreme Court of Louisiana · Feb 6, 2004

Plaintiffs called expert witness James Clary, a civil engineer and land surveyor who had been qualified several hundred times as an expert in highway safety, design, maintenance, signing and surveying. … that the finding is clearly wrong (manifestly erroneous).

Williams v. Louisiana State University and Agricultural and Mechanical College

District Court, M.D. Louisiana · Mar 5, 2024

immunity. … For purposes of qualified immunity, the parties debate whether there was a clearly established Fourth Amendment right to be free from malicious prosecution at the time of Williams’ arrest in light of the Supreme

Hoffman v. Bailey

257 F. Supp. 3d 801 · District Court, E.D. Louisiana · Jun 20, 2017

constitutes defamation per se, and thus the Court denied Bailey’s motion to dismiss under Rule 12(b)(6). 35 On February 10, 2016, Bailey filed a notice of appeal to the Fifth Circuit on the grounds that he was entitled to immunity … However, the Court, notes that it finds ijifra that Hoffman has not established that the publication was “unprivileged” as a matter of law. 4.