Case law

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

State v. Gibson

460 So. 2d 689 · Louisiana Court of Appeal · Nov 20, 1984

The standard established by La.C.Cr.P. art. 821 is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond … The testimony clearly indicates that defendant and the other inmate intended to escape from the prison by hiding in the truck while the warden drove out the front gate.

Opinion Number

Louisiana Attorney General Reports · Mar 25, 2004

Harris: This office is in receipt of your request for an Attorney General's opinion, on behalf of the City of Denham Springs, regarding a proposal to establish individual Flexible Medical Spending Account plans, qualified … As you are clearly aware, La. Const. Art.

Smith v. Woods

District Court, E.D. Louisiana · Jul 2, 2020

, she argues that she is entitled to qualified immunity for her alleged actions in this case.98 Judge Barial asserts that Plaintiff wholly fails to identify what clearly established constitutional right was at issue in … .104 She states that she is bringing claims against Judge Barial in her individual capacity under Section 1983.105 Plaintiff argues that Judge Barial is not entitled to judicial immunity or qualified immunity because of

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.

Sandell v. Sontag

827 So. 2d 575 · Louisiana Court of Appeal · Oct 2, 2002

On June 15, 2001, the trial court issued Written Reasons for Judgment wherein it ruled that the presence of Minerva Dale Taylor, surviving spouse of James Vernon Taylor, establishes a member of a class pursuant to La.Civ.Code … Had a hearing been held, or if the trial judge used evidence at the September hearings in reaching his decision, the judge was was clearly in error. 2.

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.

Tammy Simoneaux v. Lafayette Consolidated Government

Louisiana Court of Appeal · May 1, 2013

SATS argues that it established that it was entitled to the protections of La.R.S. 9:2795 and that Ms. … Simoneaux has failed to establish any intentional or grossly negligent acts on behalf of SATS. Blanket Tort Immunity Ms.

Blacks United for Lasting Leadership, Inc. v. City of Shreveport

71 F.R.D. 623 · District Court, W.D. Louisiana · Jul 16, 1976

Comprising, as they do, a sizeable constituency, blacks clearly have influence — sometimes decisive — at the polls. … The individual plaintiffs are qualified, registered voters of Shreveport.

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."

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.

State v. Fleming

846 So. 2d 114 · Louisiana Court of Appeal · Apr 16, 2003

Lee concluded that judges are not immune from social categorization and discrimination. … His written report concluded that judges are not immune from social categorization and discrimination.

Kennedy v. St. Charles General Hosp. Auxiliary

630 So. 2d 888 · Louisiana Court of Appeal · Dec 30, 1993

On appeal plaintiff argues that he established a case for liability against the underlying health care providers, Drs. Cook and Schwartz, thus the judgment in favor of the LPCF was clearly erroneous. … "Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence.

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

State v. Joseph

524 So. 2d 273 · Louisiana Court of Appeal · Apr 18, 1988

His criminal background and an open and prolonged resistance to authority qualify him for the 12-year sentence. The trial judge clearly articulated his reasons for finding Joseph deserving of the maximum term. … LSA-C.Cr.P. art. 162 reads: “A search warrant may issue only upon probable cause established to the satisfaction of the judge, by the affidavit of a credible person, reciting facts establishing the cause for issuance of the

Larriviere v. Howard

771 So. 2d 747 · Louisiana Court of Appeal · Oct 11, 2000

In the alternative, DPSC asserts that even if the privilege is qualified rather than absolute, the trial court should have examined the documents in camera. … Even if we assume that the act applies, La.R.S. 44:4(3) clearly precludes applicability of the privilege to this case.

In Re Succession of Smith

9 La.App. 3 Cir. 969 · Louisiana Court of Appeal · Feb 3, 2010

to establish paternity or filiation; a prerequisite action necessary before Ms. … Thibodeaux [the alleged biological daughter of the deceased] can qualify as an heir.” Id. at 125.

Standard Fire Insurance v. Mapes

408 So. 2d 456 · Louisiana Court of Appeal · Dec 22, 1981

There is no doubt that plaintiff established by a preponderance of the evidence that the apartment fire spread from the fireplace area. … Concluding that Mapes was not negligent was not clearly wrong. For the foregoing reasons, the judgment of the trial court is affirmed. Costs of 'this appeal are assessed against plaintiff-appellant. AFFIRMED. .

The Tunica-Biloxi Tribe of Louisiana v. John Blalock

Louisiana Court of Appeal · Nov 4, 2009

It asserted that the trial court “should establish the boundary line between the lands owned by Intervenor and the land owned by the Tunica Biloxi Indians of Louisiana.” … It is well established that Indian tribes possess sovereign immunity from suit that existed at common law. Rosebud Sioux Tribe v. A & P Steel, Inc., 874 F. 2d 550, 552 (8th Cir. 1989).

Livingston Parish School Board v. Lofton

422 So. 2d 1357 · Louisiana Court of Appeal · Nov 16, 1982

A review of the record establishes a clear and continuing violation of Section 221. Nevertheless, we dismiss the appeal. The statute, we hold, contemplates two methods of enforcement. … The first is clearly penal in nature, is to be conducted in the name of the state and is to be conducted by the district attorney.