Case law

Roberts v. Rudzis

2013 La.App. 1 Cir. 0538 · Louisiana Court of Appeal · May 28, 2014

We need not determine whether this suffices to establish that Rudzis was unavailable for purposes of the unavailable witness exception because the record does not establish the requisite *608 foundation required by Article … that the factfinder is clearly wrong or manifestly erroneous.

State v. Wells

755 So. 2d 963 · Louisiana Court of Appeal · Dec 22, 1999

Defendant also argues that the State's expert, Lieutenant Coutee, was unable to establish that the amount found was inconsistent with personal use only, because he was not qualified as an expert in the consumption of crack … His assessment of the qualifications of experts will not be disturbed unless clearly wrong." Wahlder, 647 So.2d at 485 .

Palumbo v. Shapiro

2011 La.App. 4 Cir. 0769 · Louisiana Court of Appeal · Dec 14, 2011

(iii) A person who may be immune from suit because of immunity granted by statute. (3) If appropriate, whether there was negligence attributable to any party claiming damages, and, if so: (a) Whether such negligence was a … Clearly, the versions of events put forward by Ms. Palumbo and Mr. Pigg differ greatly. It is equally clear that these sharp differences cannot be resolved adequately with nothing save a cold transcript.

Hebert v. Parker

796 So. 2d 19 · Louisiana Court of Appeal · Sep 25, 2001

The jury was not clearly wrong in finding that Dr. … The jury was not clearly wrong in finding that Dr.

State ex rel. Lott v. Courtney

178 So. 2d 489 · Louisiana Court of Appeal · Jul 1, 1965

It is to be noted, however, that the key phrase in the foregoing quotation is the introductory clause which qualifies the first sentence and clearly indicates the court was therein concerned with an initial award of custody … Ragan, 142 La. 81 , 76 So. 247 , we clearly stated: ‘The law clearly makes it the privilege and the duty of the father to rear and provide for his children; and, on the death of either spouse the tutorship of the minor children

Moolekamp v. Rubin

531 So. 2d 1124 · Louisiana Court of Appeal · Sep 16, 1988

R.S. 40:1299.44, appeals a judgment awarding plaintiff an additional $150,000.00 above the $100,000.00 paid by the insurer of her qualified health care provider, Richard L. Rubin, M.D. … Our task is, on the showing made by appellant based on the record before us, to determine whether the trial court's factual conclusions are clearly wrong or whether his compensation award is an abuse of discretion.

Landry v. Avondale Industries, Inc.

877 So. 2d 970 · Supreme Court of Louisiana · Jul 2, 2004

The overall thrust of the statement of legislative intent in Act 431, § 4, clearly demonstrates that the legislature did not intend that Act 431 adversely affect the rights of survivors in a case, such as the instant one, … Recognizing the distinction between the direct tort action at issue in Cole and the wrongful death claim asserted in Walls , we ultimately held that the 1976 amendment to LSA-R.S. 23:1032, establishing executive officer immunity

Henry v. Barlow

937 So. 2d 895 · Louisiana Court of Appeal · Aug 9, 2006

The article clearly gives great discretion to the trial judge. He may deny the motion unless `good cause' for the examination is shown. … Henry has not alleged, nor does the record reveal, any evidence which even suggests that the physicians chosen by CLECO are not qualified to perform the examinations.

State v. Mullins

537 So. 2d 386 · Louisiana Court of Appeal · Dec 29, 1988

He specifically argues that the evidence is insufficient to establish that he possessed the requisite specific intent. … Accepting the victim's testimony the defendant clearly committed a battery on the victim —he intentionally used force or violence on her person.

Alcoa Steamship Company v. Charles Ferran & Company

251 F. Supp. 823 · District Court, E.D. Louisiana · Mar 2, 1966

The defenses which may be asserted by each codebtor in solido are established by the Louisiana Civil Code: “Art. 2098. … United States Fidelity & Guaranty Co., 241 La. 1096 , 134 So.2d 45, 50 (1961); charitable immunity, Lusk v.

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

Price v. Irons

District Court, E.D. Louisiana · Jun 8, 2020

Mar. 20, 2015) (“Claims of absolute and qualified immunity may . . . be raised in a Rule 12(b)(6) motion to dismiss.” (citing Morales v. … 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.”).

American Mfg. Corp. v. National Union Fire Ins. Co.

203 La. 515 · Supreme Court of Louisiana · Jun 29, 1942

This broke the feed pipe, and from or through it there escaped into the building on the fourth floor a large quantity of water, which reached the third floor, where plaintiff had its establishment, through stairways and elevator … Plainly stated, the insurance company rests its defense on its contention that the “Hazards Not Covered” clause is clearly, under the admitted facts, an exclusion of liability for the damage to plaintiff’s property.

Fund for Louisiana's Future v. Louisiana Board of Ethics

17 F. Supp. 3d 562 · District Court, E.D. Louisiana · May 2, 2014

FFLF was established by Charles R. … FFLF was established by me.

Tuger v. Audubon Insurance

152 So. 2d 354 · Louisiana Court of Appeal · Mar 29, 1963

The record in the present case clearly establishes that the Tuger automobile entered the intersection first and was struck on its right side from about its center *358 toward the rear of the vehicle. … Although counsel for plaintiff concededly did not attempt to qualify Dr.

Mantiply v. Hoffman

263 So. 3d 1193 · Louisiana Court of Appeal · Jan 16, 2019

that the factfinder is clearly wrong or manifestly erroneous. … that the factfinder is clearly wrong."

In re Medical Review Panel for Claim of Leday

96 La.App. 1 Cir. 2540 · Louisiana Court of Appeal · Nov 7, 1997

I also need to know if University Medical Center is qualified under the Medical Malpractice Act. … The Apande case is clearly distinguishable from the facts in the instant case.

Hebert v. Williams

526 So. 2d 835 · Louisiana Court of Appeal · May 11, 1988

The Compulsory Motor Vehicle Liability Security Law, LSA-R.S. 32:861 et seq., allows vehicle owners several means of establishing financial responsibility. … As discussed above, Southern Pacific was a qualified self-insurer under Louisiana law.

Opinion Number

Louisiana Attorney General Reports · Feb 1, 2011

The provisions of this Subsection shall apply only to a cemetery established after June 21, 2008. § 305. … makes a distinction between scattering within and outside of dedicated cemeteries, the latter not qualifying as "interment" under Louisiana law.

Knapper v. Hibernia National Bank

2009 La.App. 4 Cir. 1036 · Louisiana Court of Appeal · Sep 8, 2010

Therefore, to establish a prima facie case of discrimination, Knapper must show that he (1) was a member of a protected class; (2) was qualified for the position; (3) suffered an adverse employment action; and (4) similarly … class, at some point he was qualified for the position he held, and that he was terminated.