Case law

Landry v. Bill Garrett Chevrolet, Inc.

443 So. 2d 1139 · Louisiana Court of Appeal · Dec 9, 1983

Hicks, who qualified as an expert in mechanical engineering, testified in opposition to the relay rod defect theory. … There must be a further determination that the record establishes that the finding is not clearly wrong. Arceneaux, supra 1333 .

State v. Hair

784 So. 2d 1269 · Supreme Court of Louisiana · May 15, 2001

A statute *1274 is presumed to be constitutional, and the burden of clearly establishing unconstitutionality rests upon the party who attacks the statute. Id., State v. Newton, 328 So.2d 110, 117 (La.1975). … Furthermore, La.Rev.Stat. 2057 clearly provides that "No person shall...

Beaver v. Exxon Mobil Corp.

361 F. Supp. 2d 565 · District Court, M.D. Louisiana · Mar 23, 2005

For these reasons, ExxonMobil seemingly does not meet the elements established by the Allen Court. B. … R.S. 23:1061(A)(2), statutory employers are clearly those who contractually obligate themselves to a third party and then subcontract out all or part of the work to be performed.

Bougere v. Edwards

517 So. 2d 351 · Louisiana Court of Appeal · Nov 25, 1987

We find the judge was clearly wrong in his application of the law to the facts here. … Secondly, although the judge stated that the Mayor had failed to show “good cause” *355 to amend, the bare allegations of his original petition alone establish good cause.

Wickes v. Home Building & Loan Ass'n

172 So. 2d 756 · Louisiana Court of Appeal · Mar 8, 1965

Defendant could not convey more than he owned and this stipulation was specifically included in the contract by the inclusion of the qualifying phrase “or as per title”. … The act of sale clearly transfers only the western portion and with the western portion went the servitude of use to the eastern portion.

Hebert v. Barry's Air Conditioning, Inc.

16 La.App. 3 Cir. 911 · Louisiana Court of Appeal · Aug 31, 2017

is clearly wrong (manifestly erroneous].” … Co., 08-926 (La.App. 3 Cir. 2/4/09) , 6 So.3d 860 (holding that the treating chiropractor was qualified as an expert to give her conclusion regarding causation). The trial court ruled that Dr.

State v. Frentz

354 So. 2d 1007 · Supreme Court of Louisiana · Jan 30, 1978

The ruling admitting the police officer's testimony was clearly erroneous. … Before being permitted to testify, the reputation-witness must be shown to be qualified to testify on the subject as a member of the community in a position to speak with authority on the subject.

Dickinson v. City of Minden

130 So. 2d 160 · Louisiana Court of Appeal · May 5, 1961

Sufficient is the observation it clearly appears from *163 the testimony of not only plaintiffs and their witnesses but from the testimony of the defendant's witnesses that erosion had set in before the City's improvement … impressed by the valid argument of counsel with respect to defendant's failure to call as witnesses the City Superintendent of Streets, the Commissioner of Streets, or any member of the construction crew who were particularly qualified

State in Interest of Jw

1 La.App. 4 Cir. 0500 · Louisiana Court of Appeal · Nov 14, 2001

The record establishes that the abuse of JW's deceased sibling began no later than April of 2000 when hospital records show that she had bruising on her abdomen. … Nor do the facts of this case fit any of the other even more narrow exceptions qualifying for an assertion of a blanket privilege described in State v. Jordan, supra .

McHenry v. Ouachita Parish School Board

169 La. 646 · Supreme Court of Louisiana · Dec 2, 1929

On the same date, another ordinance was adopted by the school board ordering a special election to be held in Ouachita parish junior college district, for the purpose of submitting to the qualified electors of that district … Junior Colleges within said districts,” etc., is an act of the Legislature clearly intended to carry out the provisions of section 2 of article 12, to co-ordinate the elementary and secondary schools and the higher educational

Tiger Well Service, Inc. v. Kimball Production Co.

343 So. 2d 1153 · Louisiana Court of Appeal · Mar 4, 1977

Weaver, a qualified expert in the metalurgy field, stated that his test revealed that the temperature of the weather, approximately 49 degrees, was such that the s teel (sic) at this point became brittle and actually broke … Tiger clearly did not violate any duty of skill or care under its contract with Kimball by using the workover rig in question which unknown to Tiger contained a hidden defect.

Gibson & Associates, Inc. v. State, Department of Transportation & Development

2010 La.App. 1 Cir. 1696 · Louisiana Court of Appeal · May 18, 2011

’s were above the established threshold of the preconstruction estimate for the project. … Additionally, we note that the qualifying party through the Louisiana Contractor's Licensing Board for both companies is James Baker.

Avondale Shipyards, Inc. v. Propulsion Systems, Inc.

53 F.R.D. 341 · District Court, E.D. Louisiana · Sep 29, 1971

established by decisions following Erie Railroad Company v. … In resolving the question of the law applicable to a determination of Propulsion’s capacity to assert the counterclaim, one must start with the proposition that the counterclaim quite clearly is a compulsory counterclaim

Benton v. Clay

123 So. 3d 212 · Louisiana Court of Appeal · Aug 7, 2013

Benton had her funds readily available, she did talk to personnel at the bank and was informed that she did not qualify for a loan. Ms. Benton alleged that Mr. … The evidence accepted as credible by the trial court clearly establishes an agreement to buy the property jointly and that Mr. Clay was aware that Ms. Benton had the money in hand to complete the purchase.

Opinion Number

Louisiana Attorney General Reports · Aug 28, 1997

The records of the taxing authority shall clearly reflect the objects and purposes for which the proceeds of the tax are used." [Emphasis added.] … Further, under the well established jurisprudence of this state, special taxes are strictly construed. Hemler v. Richland Parish School Board, 142 La. 133 , 76 So. 585 (1917). . . .

Carroll v. Chapman

139 So. 2d 61 · Louisiana Court of Appeal · Mar 7, 1962

The immunity is necessary in order that fear of liability may not deter others from rendering necessary services in an emergency." … In this case the established and uncontradicted facts disclose that Dr. Chapman prepared Mrs.

Fluker v. Manson Gulf, LLC

193 F. Supp. 3d 668 · District Court, E.D. Louisiana · Jun 16, 2016

In other words, “where undisputed facts reveal that a maritime worker has a clearly inadequate temporal connection to vessels in navigation, the court may take the question from the jury by granting summary judgment or a … Because the plaintiff cannot establish an essential element of his Jones Act negligence claim, summary judgment in C&G’s favor is warranted. B.

Clofer v. Connick

District Court, E.D. Louisiana · Jan 17, 2025

Defendant Deborah Weisler likewise moved to dismiss the claims on the basis of prosecutorial immunity, which Judge Ashe granted. ECF Nos. 81, 88. … But the alternative of qualifying a prosecutor's immunity would disserve the broader public interest.

Rogers v. Jefferson Parish Sheriff's Office

District Court, E.D. Louisiana · Jan 13, 2022

Qualified Immunity Defendants initially argued that Rogers’s section 1983 claims against them should be dismissed because they are entitled to qualified immunity.47 … analysis.”49 Accordingly, the Court denies summary judgment as to whether the arresting officers are entitled to qualified immunity on plaintiff’s excessive-force claim.

Bridges v. Autozone Properties, Inc.

900 So. 2d 784 · Supreme Court of Louisiana · May 13, 2005

Further, Properties is not qualified to do business in Louisiana and conducts no business activities here. … And the privilege of receiving dividends derived from corporate activities within the state can have no greater immunity than the privilege of receiving any other income from sources located there.