Case law

State v. Grant

954 So. 2d 823 · Louisiana Court of Appeal · Apr 4, 2007

and practical experience to have been qualified as an expert by the trial court. … The burden of proof of the intent to distribute was clearly set forth in State v.

In Re Tutorship of Ingraham

565 So. 2d 1012 · Louisiana Court of Appeal · Jun 26, 1990

Clearly, there was no separate approval for either contract for attorney's fees. … , on its own motion or on motion of any interested person, the court may revoke the appointment and appoint another qualified person to the office forthwith.

Miles v. NEW ORLEANS PUBLIC SERV., INC.

393 So. 2d 877 · Louisiana Court of Appeal · Jan 13, 1981

Our case is clearly different from Cascio v. … to establish causation between the dragging of the automobile and the transmission damage.

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.

Brasseaux v. TOWN OF CHURCH POINT

6 La.App. 3 Cir. 1390 · Louisiana Court of Appeal · Mar 7, 2007

Defendants specifically pled the affirmative defense of qualified immunity from suit. Following a bench trial, the trial court found in favor of all Defendants. … Only Plaintiff's self-serving testimony was presented in his attempt to establish his claim of excessive force. The trial court decided to accept Officer Vige's account of the incident.

DiBenedetto v. Automotive Casualty Insurance Co.

638 So. 2d 385 · Louisiana Court of Appeal · May 31, 1994

It is clearly stated that 100 percent must pass. Given the rest of the specifications in the Gold Book, we find that had a lesser amount been deemed acceptable, a lower acceptance parameter would have been established. … The court held that the ceiling contravened the constitutional proscription against sovereign immunity contained in La. Const, art. XII, § 10.

State v. Jordan

522 So. 2d 1179 · Louisiana Court of Appeal · Mar 10, 1988

The first, third and fourth elements were clearly established. … Dilworth, 358 So.2d 1254 (La.1978), the defendant objected to the testimony of owners of an antique fence and of an antique dealer regarding the value of the fence because they were not qualified as experts.

State v. Hayden

171 La. 495 · Supreme Court of Louisiana · Nov 3, 1930

They were clearly hearsay evidence, being the mere expression of a sentimental feeling of the wife in anticipation of a reunited connubial relation. … The jury had nothing to do with the penalty to be imposed otherwise than to qualify the verdict for murder, by adding, without capital punishment, and this the jury did.

Frantom v. United States

District Court, W.D. Louisiana · Sep 22, 2021

In doing so, the Court must strictly construe the “immunity statutes . . . against the party claiming the immunity.” … Rather, the statute’s purpose “is to establish a compensation obligation on the part of the principal who obligates itself to a party for the performance of work and who then subcontracts with intermediaries

Temes v. Manitowoc Corp.

14 La.App. 5 Cir. 93 · Louisiana Court of Appeal · Dec 23, 2014

the finding is not clearly wrong or manifestly erroneous. … Manitowoc proffered exhibits and testimony from Charles Theriot, CPA, who was qualified as an expert in forensic accounting and evaluation- of lost profits. Mr.

Nolen v. Union Carbide Corp.

432 So. 2d 302 · Louisiana Court of Appeal · May 17, 1983

substance indicating that the district court judgment was clearly wrong. … Gazardo felt qualified to answer the question, and he did.

Berry

District Court, M.D. Louisiana · Jun 29, 2026

immunity; importantly, the initial, unnecessary shove was sufficient to state a claim and survive an assertion of qualified immunity). … Though the Court cannot address qualified immunity on screening, the rationale of Aucoin likely forecloses the qualified immunity defense on a motion to dismiss.

United States Conference of Catholic Bishops v. Equal Employment Opportunity Commission

District Court, W.D. Louisiana · Jun 17, 2024

Here, Louisiana and Mississippi – as employers and without the shield of Eleventh Amendment sovereign immunity – are directly regulated by the PWFA and the Final Rule. … Under section 702(a), for example, qualifying religious organizations are exempt from Title VII’s prohibition against discrimination on the basis of religion, but, as U.S. courts of appeals have recognized, qualifying

Foster v. Manville Forest Products, Inc.

554 So. 2d 736 · Louisiana Court of Appeal · Dec 6, 1989

Plaintiff alleged that as a result of the work-related injury he was totally and permanently disabled from doing any work for which he was qualified and would never be able to regain employment as a laborer. … Plaintiff's testimony as to his job requirements as a double-back operator established that the job duties were rigorous.

Curtis Lanson Mitchell v. Nancy A. Miller, ET AL.

District Court, E.D. Louisiana · Nov 10, 2025

income sources (including social security or unemployment payments4) and the demands on his financial resources, including whether expenses are discretionary or mandatory.5 While one need not be absolutely destitute to qualify … arguable basis in law if it is “based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.”15 A complaint fails to state a claim on

Lloyd v. Shady Lake Nursing Home, Inc.

47 So. 3d 609 · Louisiana Court of Appeal · Aug 25, 2010

. | ^though decedent was injured in a clearly identifiable accident occurring within the course and scope of her employment, plaintiffs, the husband and children of decedent, filed a tort action for wrongful death. … Tort immunity for the employer does not apply when the employee’s injuries are the result of an intentional act. La. R.S. 23:1032(B).

Bolden v. Winn Dixie

513 So. 2d 341 · Louisiana Court of Appeal · Sep 4, 1987

"Owners of businesses who permit the public to enter their establishments have a duty to exercise reasonable care to protect those who do enter." Martin, 469 So.2d at 1059 . … Art. 215 must be reasonable to afford the store immunity from civil liability under La.C.C. Art. 2315. See Lindsey v. Sears Roebuck and Co., 389 So.2d 902 (La.App. 4th Cir.1980), and Thomas v.

Poissenot v. St. Bernard Parish Sheriff's Office

2009 La.App. 4 Cir. 0636 · Louisiana Court of Appeal · Nov 24, 2009

“In worker’s compensation cases, the appropriate standard of review to be applied by the appellate court to the OWC’s findings of fact is the ‘manifest error-clearly wrong’ standard.” MacFarlane v. Schneider Nat. … Poissenot could not: carry a gun; qualify with a weapon; go into cells; or provide backup to other deputies whenever the juveniles at the detention center got into altercations. Indeed, Corp.

State v. Green

282 So. 2d 461 · Supreme Court of Louisiana · Aug 20, 1973

This explanation was clearly exculpatory favoring Green's defense. Under these circumstances the questionable hearsay utterance was harmless. … No threats, promises of rewards or immunity were offered at the time, according to the witnesses to the confession; and no undue influence was used. *466 The defense contends, however, that at the time he allegedly made the

State v. Thibodeaux

728 So. 2d 416 · Louisiana Court of Appeal · Nov 18, 1998

Evidence submitted by petitioner during the hearing was insufficient to establish a prima facie case of discrimination. … venire, or the percentage of minority members in the general population qualified to serve on the grand jury.