Case law

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

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 .

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.

State v. Ricks

170 La. 507 · Supreme Court of Louisiana · Mar 31, 1930

It is plain, therefore, that the exclusion of the evidence tendered did not deprive defendant of sufficient proof to establish clearly and convincingly an overt act upon the part of the deceased. … In the preceding article, 409, it is declared that: “In all capital cases the jury may qualify its verdict of guilty with the addition of ‘without capital punishment,’ in which case the punishment shall be imprisonment at

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 v. Brown

326 So. 2d 839 · Supreme Court of Louisiana · Feb 23, 1976

La.R.S. 15:455 clearly states that to have the effect of binding the defendant with the acts and declarations *847 of a co-conspirator, a "prima facie case of conspiracy must have been established." … But before the state can utilize the exception embodied in R.S. 15:455, the statute clearly states that "a prima facie case of conspiracy must have been established."

MFA Life Ins. Co. v. Huey

347 So. 2d 63 · Louisiana Court of Appeal · May 23, 1977

Baldwin obtained individual applications from the qualified employees of the credit union and delivered these applications and a copy of the trust agreement to the MFA home office. … pension plan, and since Lynn Huey had no vested interest, the judgment awarding Mary Huey the proceeds of the annuity policy was clearly erroneous.

Turner v. Illinois Central Railroad

230 So. 2d 753 · Louisiana Court of Appeal · Jan 6, 1970

Medical testimony established that decedent had been treated for epilepsy for many years prior to the date of the accident. … Although the evidence does not clearly establish the distance it took the train to stop, the testimony of the crew members was that the three engines and twelve freight cars passed the point of impact before stopping after

Greater Livingston Water Co. v. LOUISIANA PS COM'N

294 So. 2d 501 · Supreme Court of Louisiana · Apr 29, 1974

If the original cost is not known, then an estimate shall be made by qualified engineers at the direction and expense of the company; 3. … This is clearly evidenced by the testimony of those of the initial owners who appeared at the hearing, as well as by that of Mr. Nichols.

Mire v. EatelCorp, Inc.

849 So. 2d 608 · Louisiana Court of Appeal · May 9, 2003

The initial burden to establish these elements is on the party seeking to maintain the class action. Conclusory allegations of the pleadings alone are insufficient to establish the existence of a class. Singleton v. … This is clearly the case here. The record indicates that there are roughly 18,000 known claimants.

State v. Turner

0 La.App. 1 Cir. 0630 · Louisiana Court of Appeal · Dec 22, 2000

The nature of the offense and the penalties for this and future offenses were also clearly explained. … Defendant argues that Blades is not qualified to make that observation because he had only personally performed field sobriety tests approximately five times.

State v. Spooner

368 So. 2d 1086 · Supreme Court of Louisiana · Mar 5, 1979

records librarian of the hospital in question" would be the ones who could certify any records so as to qualify them for admission in evidence. … However, R.S. 13:3714, as revised in 1977, establishes one of the limited exceptions to the hearsay rule.

LaBove v. Raftery

759 So. 2d 240 · Louisiana Court of Appeal · Apr 19, 2000

CSB argues that qualifying language following the above language taken from Monsanto was not included in the instruction, thereby introducing prejudicial error. … An appellate court can reverse a lower court's factual findings when the record (1) reflects that a reasonable factual basis does not exist for the finding and (2) establishes that the finding is clearly or manifestly wrong

Gisclair v. Cajun Trucking, Inc.

421 So. 2d 339 · Louisiana Court of Appeal · Oct 12, 1982

The warranty that applies to the sale of used equipment must also be qualified by the conditions under which the equipment is used. … In view of the evidence of record, these determinations by the trial judge were not clearly wrong. Deason v. Mobil Oil Corp., 407 So.2d 486 (La.App. 1st Cir.1981); Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).

Cajun Electric Power Cooperative, Inc. v. Triton Coal Co.

590 So. 2d 813 · Louisiana Court of Appeal · Nov 26, 1991

Nonetheless, the Louisiana court clearly has the authority to give full force and effect to the Wyoming judgment if appropriate. … Triton has fully complied with the statutory provisions under which a foreign corporation is qualified to do business in Louisiana.

Bryant v. Department of Public Safety And Corrections

District Court, E.D. Louisiana · Oct 25, 2019

Humphrey doctrine13 and that LeBlanc and Griffin are entitled to qualified immunity.14 7 R. Doc. 1-1, ¶8. 8 R. … Doc. 20, p.11. 42 Because the Court finds Plaintiff’s §1983 claims are barred under Heck, the Court does not reach Defendants’ qualified immunity claims.

Flournoy v. First Nat. Bank of Shreveport

197 La. 1067 · Supreme Court of Louisiana · May 26, 1941

The Act of Congress permitting states to tax the shares of stock of national banks is merely a waiver of the immunity against taxes being assessed on that type of property. … As all property is liable to taxation unless it be shown to be within some exemption established by law, and as no such showing is made in this case, we must assume that the property in question was liable to taxation.”

Burdette v. Drushell

837 So. 2d 54 · Louisiana Court of Appeal · Dec 20, 2002

The contract was never reduced to writing, and the scope of work was never clearly defined. … The record establishes that the parties clearly contemplated plaintiff would personally perform labor under the "costs plus" contract, and that such labor was payable as part of the "costs," separately from the 20% overhead

Efferson v. State, Through Dept. of Transp. & Dev.

463 So. 2d 1342 · Louisiana Court of Appeal · Nov 29, 1984

The trial court was clearly wrong in this conclusion. … The evidence clearly established also that Stevens had been drinking earlier in the evening.

Boudreaux v. Rice Palace, Inc.

491 F. Supp. 2d 625 · District Court, W.D. Louisiana · Jun 11, 2007

Administrative Appeals Judge decision 5 that there was no evidence of gross misconduct on the part of plaintiff as concerned the reasons for her termination of employment, and then failing to appeal such decision, defendants were clearly … Upon notification of a qualifying event, the plan administrator must notify each qualified beneficiary of his or her COBRA continuation rights.