Case law

Pitre v. Government Employees Ins. Co.

596 So. 2d 256 · Louisiana Court of Appeal · Mar 11, 1992

It was further established that, because of his vast experience and knowledge of various types of equipment, Pitre was well qualified for a supervisory position. Dr. John W. … However, we determine that the total damage award, in the sum of $265,985.29, is neither clearly excessive nor clearly inadequate. Accordingly, it will not be disturbed.

Harper v. Garcia

739 So. 2d 996 · Louisiana Court of Appeal · Aug 18, 1999

Anderson's testimony because he was not qualified to show how the force of impact injured Harper and presented unreliable testimony. … To recover, a plaintiff must show proof to reasonably establish her claim. Id. The trial judge denied Harper's claim based not only upon the testimony of Dr.

Armstrong Airport Concessions v. K-Squared Restaurant, LLC

2015 La.App. 4 Cir. 0375 · Louisiana Court of Appeal · Oct 28, 2015

to operate the business, that it be a duly qualified DBE, and that it be pre-approved as a successor operator by the Board and by the New Orleans City Council. … And if the Airport wanted to — their [sic] seeking to establish that any default by either of Mr. Kirksey’s restaurants is a default by all of them. They could have said it.

Thomas v. Browning-Ferris, Inc.

3 La.App. 3 Cir. 1518 · Louisiana Court of Appeal · Mar 31, 2004

She stated that she told her that Thomas did not qualify for workers' compensation, but that he might qualify for short-term disability. However, Diane denied speaking to Kirkland. … In Pinkins , the supreme court stated, "[i]t is well established that this state has long recognized the workers' compensation act is remedial in nature.

United States v. Fox

211 F. Supp. 25 · District Court, E.D. Louisiana · Nov 2, 1962

He served, however, until his successor, the present Registrar, Miss Fox, was qualified in July 1958. … There is no reason why they should not be considered, unless it is clearly indicated there is an error in the tabulation.

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.

TRANSCHANT v. State

978 So. 2d 1174 · Louisiana Court of Appeal · Mar 13, 2008

Mail is not sufficient to establish that a timely "request for service" was made. … X, Section 12, provides in pertinent part: (A) No Immunity in Contract and Tort.

Brenna Ash Miller,et Al v. Acadian Ambulance Service, Inc.

Louisiana Court of Appeal · May 23, 2018

Thus, “[t] he time limitation established by La. … By enacting La.R.S. 40:1133.13, “the Legislature granted EMTs a qualified immunity for liability from ordinary negligence claims; this immunity does not cover intentional or grossly negligent acts or omissions.”

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.

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

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.

Dowles v. Conagra, Inc.

980 So. 2d 180 · Louisiana Court of Appeal · Mar 26, 2008

Validity of FMLA Claim By its first assignment of error, ConAgra argues that the jury was clearly wrong in finding that Dowles met her burden of proof to establish that she was terminated for availing herself of a protected … After a review of the entire record, we cannot say that the jury was clearly wrong or that there is no reasonable basis in the record for the jury's findings.

State v. Craig

637 So. 2d 437 · Supreme Court of Louisiana · May 23, 1994

The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents. … Given that this involves an interpretation of both the law and the constitution, this is clearly a judicial responsibility.

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.

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.

Simmons v. West

697 So. 2d 688 · Louisiana Court of Appeal · Jun 18, 1997

When the alleged negligence of a specialist is at issue, only those qualified in that specialty may offer expert testimony and evidence of the applicable standard of care. Cox v. … medical specialty, and must then establish a causal relationship between the alleged negligent treatment and the injury sustained.

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.

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.

Nicolais v. Cheramie

District Court, E.D. Louisiana · Aug 12, 2024

But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest. … It is [the plaintiff’s] burden to establish actual proof of bad faith. Hensler v. Dist.

Lee v. Grimmer

775 So. 2d 1223 · Louisiana Court of Appeal · Dec 22, 2000

Furthermore, LSA-R.S. 33:402(4) as amended in 1975 conferred on the mayor and board of aldermen the power: To establish, regulate, and support night watch and police and define the duties thereof, subject to any applicable … Since appeals are favored, such penalties should not be granted unless they are clearly due; for example, when there are no serious legal questions, when it is manifest that the appeal is taken solely for the purpose of delay