Case law

Keller v. Thompson

121 So. 2d 575 · Louisiana Court of Appeal · May 23, 1960

This proposal was rejected by plaintiffs on the recommendation of the engineer, who was of the opinion defendant’s men were not qualified by training or experience to do this character of work. … From the allegations of the petition, it clearly appears defendant fully recognized the necessity for the repairs, as alleged by plaintiff, or a new roof.

Davis v. Lazarus

927 So. 2d 456 · Louisiana Court of Appeal · Mar 8, 2006

Lazarus is a qualified health care provider under the Louisiana Medical Malpractice Act, La. R.S. 40:1299 et seq., the judgment in favor of plaintiffs and against Dr. … The trial court's reason for granting a new trial was based on its finding that the jury verdict was clearly contrary to the law and evidence because "the evidence presented on causation established that Ms.

Andrews v. Pine Hill Wood Co.

426 So. 2d 196 · Louisiana Court of Appeal · Jan 24, 1983

While the events surrounding the injury clearly attest to the severity of the original impact, we are, in analyzing the disability issue, particularly impressed by Mr. … Hull's area of specialization makes him more especially qualified than the other testifying doctors to analyze the medical problems here at issue: as a rhuematologist, Dr.

State v. Rollins

463 So. 2d 843 · Louisiana Court of Appeal · Jan 23, 1985

In relying on the uncorroborated purported statement of the defendant to establish the corpus delicti.” … The record clearly reflects that the statement made by the defendant was made in response to questions by school board members.

Thomas v. Missouri Pacific RR Co.

451 So. 2d 1152 · Louisiana Court of Appeal · May 17, 1984

The trial court erred in adjudging the defendant railroad free from fault, when the evidence clearly established that the railroad was in violation of its own 20 m.p.h. speed limit by traveling at a speed of at least 35 m.p.h … ., and when the evidence also clearly established that a warehouse constituted a serious obstruction to visibility at the grade crossing in question. 2.

Stanley R. Palowsky, III, Individually and on Behalf of Alternative Environmental Solutions, Inc. Versus Allyson Campbell

Louisiana Court of Appeal · Mar 30, 2022

Palowsky has alleged facts sufficient to establish any of these causes of action against Ms. … Though Judge Sharp clearly violated the Canons of Judicial Conduct, specifically Canon 3(A)(6), in the above stated acts, he has judicial immunity for civil damages for his participation in the acts alleged

Davila v. United States Life Insurance Co.

620 So. 2d 491 · Louisiana Court of Appeal · Jun 15, 1993

Plaintiff’s affidavit establishes that the policy was delivered to her while she was a patient in the hospital. … The affidavits of her husband (plaintiff), her physician, and her co-worker establish that she could have resumed work.

Thomas v. Anderson

997 So. 2d 729 · Louisiana Court of Appeal · Nov 3, 2008

Thomas was unable to establish that any act or failure to act by Dr. Anderson caused injury to Mr. Thomas. … Anderson was not a qualified health care provider under the Medical Malpractice Act. Dr. Anderson admitted in his answer that he is not a member of the PCF. [2] Dr.

Vega v. Gusman

District Court, E.D. Louisiana · Jun 9, 2022

Plaintiff timely filed an Amended Complaint.12 On March 29, 2022, the Court granted the Deputy Defendants’ Motion for Summary Judgment on the Issue of Qualified Immunity,13 determining that the Deputy Defendants were entitled … to qualified immunity, and dismissed Plaintiff’s § 1983 claims against the Deputy Defendants in their individual capacities.14 Thereafter, on April 1, 2022, the Court granted Defendant Caesars Entertainment

Young v. Supplier Services, LLC

13 La.App. 3 Cir. 670 · Louisiana Court of Appeal · Apr 2, 2014

The WCJ’s decision to award penalties and attorney fees is another factual finding subject to the manifest error or clearly wrong standard of review. Warren v. … The statute never qualifies the usage of such tests for purposes of presumptions; it explicitly states that such tests may not be used for any disqualification.

Louisiana Associated General Contractors, Inc. v. Louisiana Department of Agriculture & Forestry

924 So. 2d 90 · Supreme Court of Louisiana · Feb 22, 2006

Promoting, protecting, assisting and advancing agriculture are purposes for which the Louisiana Agricultural Finance Authority was established. 7. … While this statute alone would not be enough to qualify as an express exemption from the Public Bid Law, given the language found in the LAFA act, specifically La.

Schwegmann Bros. Giant Supermarkets v. Louisiana Milk Commission

282 So. 2d 865 · Louisiana Court of Appeal · Aug 22, 1973

Caillouet’s affidavit do not contain the qualifying .language used in the affidavit. … Hence, Schwegmann’s promise to pay refunds that are presently prohibited by the Act is clearly illegal.

State ex rel. Newman v. Burke

35 La. Ann. 185 · Supreme Court of Louisiana · Jan 15, 1883

It has been said by the Supreme Court of the United States ; “ it is a doctrine of law too well established to require citation of authorities, that where a court has jurisdiction, it has a right to decide every question … The defendants had an equal right to plead, as a defense, the pendency of the Hart suit, and, indeed, it was clearly the part of prudence for them to do so, in order to avoid questions of responsibility in case of conflicting

Harrington v. Bell

273 So. 3d 357 · Louisiana Court of Appeal · May 3, 2019

Bell asserts that no statute sets the time for establishing residence. … In the event that the qualifications for an office include a residency or domicile requirement, a candidate shall meet the established length of residency or domicile as of the date of qualifying, notwithstanding any other

Bowers v. Hardware Mutual Casualty Company

119 So. 2d 671 · Louisiana Court of Appeal · Mar 22, 1960

The evidence, in our opinion, clearly supports that conclusion. … No attempt was made to withdraw her statements or to qualify her testimony in any manner.

Succession of Menendez

160 So. 2d 827 · Louisiana Court of Appeal · Feb 3, 1964

After Alice Menendez qualified as-testamentary executrix, she filed a final account on September 5, 1957. … ‘This court will not countenance ill practices of this character, which clearly fall within the spirit, if not within the letter of article 607 of the Code of Practice.’ Quinn v.

Norris

District Court, E.D. Louisiana · Jun 4, 2026

A procedural injury alone is not enough to establish standing, plaintiff must also clearly show that the abridged procedural process will result in a concrete and particularized injury to her. … “The Young exception to state sovereign immunity applies when the party invoking it establishes three criteria.” Id.

Major Transports, Ltd. v. Courville

493 So. 2d 109 · Louisiana Court of Appeal · Jun 2, 1986

The testimony at trial also showed that Goldrus has discontinued paying a per diem allowance because there is no longer a shortage of manpower in the industry. * * * * * * "The Court finds that evidence in this case clearly … We agree particularly with the trial judge's conclusion that the per diem allowance was intended as an inducement to attract qualified employees.

Kippers v. Corcoran

707 So. 2d 463 · Louisiana Court of Appeal · Jan 27, 1998

Further, the doctor established that he had knowledge of this particular procedure through education, training and experience. … Walker was qualified to testify as an expert witness in this case. La. R.S. 9:2794 provides: A.

Marlow Green v. Scott Duncan

District Court, M.D. Louisiana · Oct 22, 2019

Now, nearly one year after the Court-ordered deadline for filing motions, Defendants bring a new Motion for Summary Judgment to re-argue their qualified immunity defense to Plaintiffs § 1983 claims in light of … The Court’s previous Order rejecting Defendants’ qualified immunity defense in Defendants’ first Motion to Dismiss (Doc. 19) specifically stated that “qualified immunity does not change the analysis” of Plaintiffs failure-to-protect