Case law

State v. Hunter

340 So. 2d 226 · Supreme Court of Louisiana · Oct 14, 1976

It would permit the defendant to obtain otherwise nondiscoverable evidence merely in the hope of establishing an antagonistic defense. … Clearly, the ability to apply the law of "principals" is relevant to the question of whether the juror will accept the law as given to him by the court.

Perkins v. Roy O. Martin Lumber Co.

15 La.App. 3 Cir. 571 · Louisiana Court of Appeal · Apr 6, 2016

Plaintiff contended the burden was on the Sheriff to prove he is entitled to statutory immunity from suit under the Louisiana Workers’ Compensation Act. … Further, the evidence establishes MARTCO paid Plaintiff for his labor.

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.

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

Canter v. Koehring Company

283 So. 2d 716 · Supreme Court of Louisiana · Sep 24, 1973

Adams and its progeny have established the following criteria for imposing individual liability, which are generally applied by the First and Fourth Circuits and by some panels of the Second and Third: 1. … Clearly, the answer to the question whether an injured employee can sue a coemployee depends upon the meaning of "third persons" as used in the quoted Section 1101 of the Act. Kimbro v.

Joanika Davis, Surviving Child of the Decedent, Cora Bell Stewart v. Hillview Nursing Home, Inc. D/B/A Legrand Nursing and Rehabilitation Center

Louisiana Court of Appeal · Sep 25, 2023

Relator further asserts that Respondent’s claims will require expert testimony to establish that: (1) the care the decedent received at Hillview fell below the requisite standard of care and that any such alleged breach … This exception challenges “[t]he sufficiency of the petition to clearly articulate the facts underlying the claims asserted therein.” Id. (citing La. C.C.P. art. 926(A)(5)).

State v. Washington

364 So. 2d 949 · Supreme Court of Louisiana · Nov 13, 1978

Defense counsel argues in brief that the record does not establish probable cause to search defendant nor an abandonment of the seized narcotics. … The trial court erred in overruling defense objection to trial court's questioning of police officer not qualified as a fingerprint expert, and commenting on witness' qualifications. 5.

Porter v. Travelers Indemnity Company

313 So. 2d 641 · Louisiana Court of Appeal · Sep 17, 1975

Savoy qualifies as an uninsured motorist under the 1972 amendment to La.R.S. 22:1406, subd. D [1] . See Rascoe v. Wilburn, 295 So.2d 201 (La.App. 3rd Cir. 1974). … It is well established that both Travelers and Interstate denied any coverage under their respective policies. Letters in the record to Mrs. Porter clearly show this.

Pollard v. Alpha Technical

102 So. 3d 71 · Louisiana Court of Appeal · Aug 12, 2011

Clearly, Rule 23(e) paints with a broad brush. It leaves to the courts the task of working out the practical details. … Thus, the class was clearly established and counsel had been appointed to represent it.

Abadie v. Metropolitan Life Ins. Co.

804 So. 2d 11 · Louisiana Court of Appeal · Apr 11, 2001

STATUTORY IMMUNITY The Avondale defendants also assert that the cause of action for mesothelioma accrued after September 30, 1976 and is therefore barred by worker's compensation statutory immunity under La. … The court must find from the record that a reasonable factual basis does not exist for the finding of the trial court, and further determine that the record establishes that the finding is clearly wrong (manifestly erroneous

Ducote v. Judiciary Commission of Louisiana

District Court, E.D. Louisiana · Jun 12, 2020

Plaintiffs do not argue that the Judiciary Commission of Louisiana is not an arm of the state qualifying for Eleventh Amendment immunity; rather, Plaintiffs argue that Eleventh … “[T]he Eleventh Amendment by its terms clearly applies to a suit seeking an injunction, a remedy available only from equity.

Glankler v. Rapides Parish School Bd.

610 So. 2d 1020 · Louisiana Court of Appeal · Dec 1, 1992

Viewing the record evidence in light of the delineated inquiry espoused in Adams, supra, we cannot say that the trial court was clearly erroneous in its acceptance of Paul Hogan as an expert in the field of child supervision … We find that Glankler failed to prove that DHHR had either actual or constructive notice regarding the alleged defective design of the swing, and that the trial court's contrary determination was clearly wrong.

Sprinkle v. Safeco Insurance Co. of America

564 So. 2d 1321 · Louisiana Court of Appeal · Jul 13, 1990

that the finding is not clearly wrong (manifestly erroneous). *1324 Arceneaux, 365 So.2d at 1333 ; B and L Associates, Inc. v. … The evidence clearly establishes that Mrs. Sprinkle’s horse showed no outward manifestation of nervousness or fright prior to the occurrence of the accident. Therefore, under the rule expressed in Planche , Mr.

Wade v. TEACHERS'RETIREMENT SYSTEM OF LOUISIANA

938 So. 2d 103 · Louisiana Court of Appeal · Jun 9, 2006

Her claim was denied on the basis that she did not qualify for disability retirements benefits according to medical evaluations. Following this denial of benefits, Mrs. … It is well settled that a trial court's findings of fact may not be reversed absent manifest error on unless clearly wrong. Stobart v. State of Louisiana, Through Dep't of Transp. and Dev., *109 617 So.2d 880 (La.1993).

State v. Thomas

427 So. 2d 428 · Supreme Court of Louisiana · Feb 23, 1983

Certainly, the argument has been made that an improperly "death-qualified" jury is more likely to vote to convict. … No principle of procedural due process is more clearly established than that notice of the specific charge, and a chance to be heard in a trial of the issues raised by that charge, if desired, are among the constitutional

Opinion Number

Louisiana Attorney General Reports · Jun 14, 1999

Joseph Seminary College would apply for membership in LAICU, and in the event that said membership would be accepted, would qualified students be able to receive the Tuition for Opportunity Program (TOPS) scholarships or … The Establishment Clause clearly does not prevent any form of public aid or service to any church affiliated institution. Roemer v. Board of Public Works , 387F. Supp. 1282 citing Hunt v. McNair , 413 U.S. 734 .

U.S. Equal Emp't Opportunity Comm'n v. Mid S. Extrusion Inc.

341 F. Supp. 3d 653 · District Court, W.D. Louisiana · Oct 18, 2018

If the moving party can meet the initial burden, the burden then shifts to the nonmoving party to establish the existence of a genuine issue of material fact for trial. Norman v. … Wyant's testimony is in some respects corroborated by the email from Shore to Landry which clearly reflect a concern with "all the health problems he has."

POP CONSTEUCTION CO. v. State Farm Fire & Cas. Co.

328 So. 2d 105 · Supreme Court of Louisiana · Feb 23, 1976

It is argued that prescription should not run against the insured during the sixty day period provided for the insurer to pay the loss since during this time the insurer is clothed with immunity from suit. … Plaintiff has advanced no clear or compelling reason why we should overturn the decision, and since it is the established jurisprudence of our state, we will continue to follow it. 2.

Neil Rabeaux v. Ronald J. Theriot, Sheriff

Louisiana Court of Appeal · Dec 9, 2015

In turn, thereafter, if “the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of … Rabeaux further submitted that if Deputy Prunty made false statements, he did so voluntarily and intentionally, such that his actions would amount to willful misconduct and he would not be entitled to the qualified immunity

Flournoy v. Our Lady of Lourdes Regional Medical Center, Inc.

17 La.App. 3 Cir. 81 · Louisiana Court of Appeal · May 17, 2017

Both attorneys asked the doctors for opinions based on their interpretation of what they felt the evidence would establish at trial. When considering the affidavits from Dr. Chaput and Dr. … Breech, rendered after review of aJl the medical records without qualifying hypothets by two excellent attorneys, there clearly are expert medical opinions from both doctors that the hospital intensive care nurses breached