Case law

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."

Becnel v. Lamorak Insurance Company

District Court, E.D. Louisiana · Sep 18, 2020

, federal contractor immunity, and preemption by the LHWCA. … To establish a “colorable federal defense” using the government contractor immunity defense, a defendant must satisfy a three-part test: “(1) the United States approved reasonably precise specifications

Kosmitis v. Bailey

685 So. 2d 1177 · Louisiana Court of Appeal · Dec 20, 1996

Kosmitis clearly does not have personal knowledge about what Bailey said to whom outside her presence, and her efforts to locate witnesses possessing such knowledge have been unsuccessful, according to this record. … summary judgment that any statements he made to clients about Kosmitis were true and were made without malice, in good faith, with a reasonable belief in their truth, are merely his conclusions drawn from facts which are clearly

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

Raburn v. Williams

786 So. 2d 955 · Louisiana Court of Appeal · May 9, 2001

We conclude, after review of the record on appeal, that, clearly, the Raburns have failed to produce factual support sufficient to establish that they would satisfy their evidentiary burden of proof at trial; therefore, summary … R.S. 9:2798.1, the City enjoys immunity from liability for performing or failing to perform discretionary acts, unless the actions are arbitrary and capricious. See, Gleason v.

Tillman v. John Deere Construction and Forestry Company

District Court, E.D. Louisiana · May 4, 2022

Doc. 1-5, however qualified his admission by stating that “Mr. … requirements do not apply, defendant Marin would qualify for immunity under LA. REV.

Carroll v. Sears, Roebuck & Co.

514 F. Supp. 788 · District Court, W.D. Louisiana · Apr 20, 1981

He simply assumes that if 20 of 100 whites are qualified to be mechanics, then 20 of 100 blacks are qualified for mechanics positions. But, Dr. … qualified labor market.”

Page v. Page

673 So. 2d 1317 · Louisiana Court of Appeal · May 8, 1996

Clearly, it was within the province of the court to seek the opinion of it's expert, Dr. Post. Lawana argues that the reasons given by Dr. Post were not sufficient to warrant a change in custody. … Our review of the record reveals that there is testimony as well as income tax returns to establish the income of the parties.

Cunningham v. Hall

148 So. 2d 808 · Louisiana Court of Appeal · Jan 7, 1963

The only logical conclusion to be drawn is that the subdivider did not intend to apply this particular section to the character of the occupancy of the residence, otherwise he would have further qualified it by the use of … After establishing the front and side-yard setback lines, the subdivider then used the term “only one dwelling house” is to be constructed on each building site.

State v. LeBlanc

618 So. 2d 949 · Louisiana Court of Appeal · Apr 23, 1993

However, the defendant did not object to the state's failure to qualify the witness as an expert or the witness's ability to give his opinion. … Clearly, this initial showing is obviated by the holding in Powers v. Ohio . See State v.

State Ex Rel. Cd

7 La.App. 3 Cir. 1001 · Louisiana Court of Appeal · Dec 5, 2007

The statute clearly differentiates between hospital records and those of other health care providers. … Defendant contends certificates of scientific analysis are testimonial scientific testimony which are not immune to the Crawford analysis. . . . . *501 In enacting the above statutes, the legislature sought to establish a

Young v. Colligan

560 So. 2d 843 · Louisiana Court of Appeal · Mar 14, 1990

The evidence establishes that after the plaintiff was discharged from the hospital, she had no other dealings with Dr. Colligan. … The plaintiff additionally relies on the cross-examination of the defendant to establish that he breached the standard of care.

Tuttle v. Lowrey Chevrolet, Inc.

424 So. 2d 1258 · Louisiana Court of Appeal · Dec 22, 1982

Although the date on which the truck was offered for return to Lowrey Chevrolet is not established, the matter of tender is not disputed. … We also note that the mileage for which Tuttle had use of the truck was not firmly established nor was there evidence of the value of that use.

Snow v. Travelers Insurance

389 So. 2d 408 · Louisiana Court of Appeal · Sep 22, 1980

This accreditation was not qualified in any manner to designate La Hacienda as a psychiatric facility to be distinguished from a hospital. … If the insurer sought to differentiate accreditation programs, it could have clearly done so in a manner which would put the policyholder *410 on notice as permitted by the insurance code. [See La.R.S. 22:213(B).]

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

Price v. LOUISIANA DEPT. OF TRANSP. & DEV.

608 So. 2d 203 · Louisiana Court of Appeal · Jun 18, 1992

Because of defendant's qualified immunity as a prison guard from Section 1983 liability, the trial judge instructed the jury that plaintiff inmate could only recover if defendant guard was guilty of "gross negligence" or … Based on the evidence in the record, we cannot say the trial court was clearly wrong in finding that Mrs.

State v. Magee

487 So. 2d 1233 · Louisiana Court of Appeal · Mar 5, 1986

That is in no way the case here, and the statute is clearly inapplicable. The blood sample was simply demonstrative evidence. … That foundation can be laid by establishing a chain of custody of the evidence or by visual identification. Once that foundation is established, the weight to be given the evidence is a question for the jury. State v.

State v. Jackson

450 So. 2d 621 · Supreme Court of Louisiana · Apr 2, 1984

There is clearly no constitutional right not to be tried by a jury, except in the very unusual case where a fair jury trial is impossible or unlikely. Singer v. … Eckert would not have offered positive evidence that defendant died other *632 than by asphyxia as already established by the coroner's testimony and defendant's confession.

Pierce v. STATE, OFFICE OF LEGISLATIVE AUD.

984 So. 2d 61 · Louisiana Court of Appeal · Feb 8, 2008

The Court also finds none were better educated nor more qualified than the plaintiff. … However, if a reasonable factual basis exists, an appellate court may set aside a trial court's factual finding only if, after reviewing the record in its entirety, it determines the trial court's finding was clearly wrong