Case law

Charouleau v. CHARITY HOSPITAL OF LA. AT NEW ORLEANS

319 So. 2d 464 · Louisiana Court of Appeal · Nov 25, 1975

Murray Diamond, in an attempt to establish that Charity's admission procedures were clearly below community standards. … Accordingly, we find no abuse of the trial court's wide discretion to determine if a witness is qualified to give expert testimony. Bonilla v. Arrow Food Distributors, Inc., 202 So.2d 438 (La.App. 4 Cir. 1967).

Opinion Number

Louisiana Attorney General Reports · Jun 28, 2006

The Louisiana Supreme Court has ruled that all cooperative endeavors authorized by Section 14(C) must also meet the general standard for non-gratuitous alienation of public funds or property established by Section 14(A). … Rather, such expenditure qualifies, under paragraph (C), as a valid cooperative endeavor. The election is being performed under the authority of La.

Michael Mitchell v. City of Natchitoches

Louisiana Court of Appeal · Mar 30, 2022

As the owner of the land in question, the immunity clearly applies, as noted in Raymond, 305 So.3d 1027. See also Benoit v. … He testified that it was daylight and he was clearly and carefully looking where he was stepping.

Clark v. DEPT. OF PUBLIC SAFETY & CORR.

716 So. 2d 1 · Louisiana Court of Appeal · Feb 20, 1998

Givens in 1965 was clearly for the renewal of a license, not the initial issuance of a license. On the application, there are two boxes marked "New" and "Renewal." … R.S. 32:424 provides as follows: The department, having good cause to believe that a licensed driver or chauffeur is incompetent or otherwise not qualified to be licensed, may upon written notice of at least ten days to the

Adams v. Ross

300 So. 2d 192 · Louisiana Court of Appeal · Jun 28, 1974

Leblanc, clearly establishes actionable negligence on the part of Mr. Ross. Mr. … As qualified by this per curiam, the original opinion is reinstated.

Ledomicile, Inc. v. Louisiana Ex Rel. Department of Health & Human Resources

674 F. Supp. 546 · District Court, E.D. Louisiana · Sep 28, 1987

Bobear, 814 F.2d 1055 (5th Cir.1987), plaintiffs concede that DHHR is an alter ego of the State of Louisiana entitled to Eleventh Amendment immunity from any claim for damages or injunctive relief. … As such, the complaint does not clearly specify whether Robinson and Loe are sued personally, in their official capacity, or both.

State v. Welsh

371 So. 2d 1314 · Supreme Court of Louisiana · Jun 26, 1979

Thus, some showing that the informant did not possess illusions of immunity might well be essential." 403 U.S. at 595 , 91 S.Ct. at 2087 , 29 L.Ed.2d at 740 . … Without it the other circumstances clearly do not establish her credibility.

Amedee v. Shell Chem. LP

384 F. Supp. 3d 613 · District Court, M.D. Louisiana · May 31, 2019

Here, Plaintiff argues that Guba considered her to be "substantially limited with her bad back", and his "illegal efforts" to have her subjected to Shell's return-to-work examinations "show this clearly". … Qualified Individual The second element of a prima facie case for a violation of the ADA is that *640 plaintiff must show that she is qualified for the job position. 195 An individual is "qualified" under the ADA if she can

Bridges v. Reliance Ins. Co.

410 So. 2d 1243 · Louisiana Court of Appeal · Feb 3, 1982

Don Hicks of Conroe, Texas an employee of I.N.S., Inc., and an experienced fraud and fire investigator were both qualified as expert witnesses and both testified that in their expert opinion this was a classic example of … Commercial Union Insurance Company, 376 So.2d 113 (La.1979) our Supreme Court stated the applicable law as follows: "By raising the affirmative defense of arson, the insurer has the burden of establishing, by convincing proof

American Federation of Unions, Local 102 Health & Welfare Fund v. Equitable Life Assurance Society of the United States

647 F. Supp. 947 · District Court, M.D. Louisiana · Oct 25, 1985

Both movers are members of the Union and beneficiaries of and participants in the Fund and under Rule 24 they qualify at least for permissive intervention. … Holden’s activities as administrator are clearly outside the scope of his employment as a salesman for Equitable.

Batchelor v. Firestone Synthetic Rubber & Latex Co.

430 So. 2d 296 · Louisiana Court of Appeal · Apr 13, 1983

Clearly the two provisions dovetail and explain the reason why the disability retirement date is fixed as the first day of the seventh month following the date plaintiff first became totally and permanently disabled. … This arrangement presents a discernable scheme in which six months is allowed to establish this disability, and an additional month is allowed for processing and administrative requirements.

State v. Lutz

235 So. 3d 1114 · Louisiana Court of Appeal · Nov 1, 2017

defendant’s acts were a clearly “contributing cause” of death. … Boudreaux was qualified to render an opinion based on the photographs in evidence.

Parker

District Court, W.D. Louisiana · Nov 3, 2025

A plaintiff must establish that a prison official “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard for … June 30, 2023) (finding “none of the criteria to establish a credible” claim where the plaintiff was treated by a qualified mental health professional “instead of a doctor or some other more qualified health professional

Hird v. Resource Drilling, Inc.

514 F. Supp. 114 · District Court, E.D. Louisiana · Apr 16, 1981

The section makes no indication that this subject was intended to be resolved by its provisions, and until the jurisprudence established the principal’s tort immunity, no one would have concluded that it should be so used … Heebe claimed that Wolf was a contractor for its bakery and therefore it was a statutory employer of Wolf’s employee and immune from tort liability.

Knight v. Tucker

210 So. 3d 407 · Louisiana Court of Appeal · Nov 16, 2016

basis of part-day absences could not, under strict regulatory definition, be considered “salaried” for purposes of the “bona fide executive” exemption to overtime requirements of the FLSA, and that the employer failed to establish … R.S. 23:681, et seq., and states that the trial court was clearly wrong in determining that he was an independent contractor rather than an employee.

Smith v. Prator

District Court, W.D. Louisiana · Sep 30, 2022

Further, a supervisor faced with such a claim may assert the defense of qualified immunity, which Hayes and Wright have done here. See Record Document 43-1 at 10. … Yet Smith did not address the qualified immunity defense in the Third Amended Complaint or the Memorandum in Opposition to the Motion to Dismiss. See Record Documents 39 & 45.

State v. Lamizana

2016 La.App. 4 Cir. 1017 · Louisiana Court of Appeal · May 31, 2017

As is clear from the relevant state statute, Louisiana does not require absolute confidentiality of DCFS records but, rather, has an established procedure for discovery of those records: In the event of the issuance óf a … In this case, however, there is no physical evidence to support the convictions, the defendant and his wife clearly had an adversarial relationship, and |Bthe State’s case rested solely on the jury’s credibility determination

Cormier v. P. P. G. Industries, Inc.

519 F. Supp. 211 · District Court, W.D. Louisiana · Jun 18, 1981

The court finds the evidence clearly establishes the jobs in the silica pigments progression line were created on sound business considerations. … With respect to the first point, the evidence establishes quite clearly how the jobs evolved in the labor department.

Nelson v. City of Grambling

722 So. 2d 358 · Louisiana Court of Appeal · Dec 9, 1998

Factual findings in workers' compensation cases are subject to the manifest error or clearly wrong standard of appellate review. … Nor did he extend any effort to secure a commercial driver's license, a rehabilitation goal that had been established.

Succession of Glover

43 La. Ann. 458 · Supreme Court of Louisiana · Apr 15, 1891

The testamentary executor qualified on the 2d day of August, 1888. … Their orders should be followed except when clearly illegal.