Case law

Allums v. Dixie Metals Co.

369 So. 2d 1204 · Louisiana Court of Appeal · Mar 26, 1979

He is an expert in environmental health research and is particularly qualified in the area of heavy metals in industry. … The trial judge excluded the testimony because defendants indicated they would try and elicit a clearly inadmissible medical opinion from Dr. Lynam.

State v. Carter

84 So. 3d 499 · Supreme Court of Louisiana · Jan 24, 2012

Because the court’s interview established that defendant clearly had the capacity to understand the proceedings against him and to assist in his defense, and that he demonstrably did, in fact, understand the proceedings against … Thus, the contents of the recording clearly did not constitute a surprise to the defense.

State v. Felton

482 So. 2d 191 · Louisiana Court of Appeal · Jan 15, 1986

witness can give any evidence as an expert his competency to testify must have been established to the satisfaction of the court." … We find that Maggio, in light of his extensive experience in his particular field, was properly qualified to give an expert opinion on the issue of the general cost of the aluminum light poles.

State of Louisiana v. Christopher Cloudie

Supreme Court of Louisiana · Mar 6, 2026

Physicians recognize that medical diagnoses, although not clinically established, may be correct. … She is a highly qualified healthcare provider who diagnosed a patient with child sexual abuse.

State v. White

244 La. 585 · Supreme Court of Louisiana · May 28, 1963

Such remarks had nothing whatever to do with the nature of the charge and clearly were not an outline of the evidence by which the state expected to prove it. … The objection made then, as well as these bills, is clearly without merit.

State v. Scott

36 L.R.A. 721 · Supreme Court of Louisiana · Jan 18, 1897

If the matter is left in doubt it will be their duty to convict him, for every man must be presumed to be responsible for his own acts until the contrary is clearly shown.” So in Regina vs. Layton, 4 Cox C. … on the ground of *262 insanity,” having created considerable discussion, was brought to the attention of the House of Lords, and the judges were summoned to give their opinions on the question of insane delusions giving immunity

Harris

District Court, E.D. Louisiana · Dec 30, 2025

does not exist.”10 A court may not dismiss a claim simply because the facts are “unlikely.”11 A factually frivolous claim alleges only facts that are “‘clearly baseless,’ . . . are ‘fanciful,’ ‘fantastic,’ and ‘delusional … CONCLUSION Although Plaintiff has sufficiently established her inability to pay fees under 28 U.S.C.

State v. Searcy

621 So. 2d 83 · Louisiana Court of Appeal · Jun 23, 1993

The test of the competency of an expert is his knowledge of the subject about which he is called upon to express an opinion, and before any witness can give evidence as an expert, his competency must have been established … expert is a question of fact to be determined within the sound discretion of the trial judge, and his rulings on the qualifications of experts will not be disturbed in the absence of manifest error, that is, unless they are clearly

Style Craft, Inc. v. Grassin

347 So. 2d 950 · Louisiana Court of Appeal · Jun 30, 1977

Edward Jemison, who was qualified as an expert in architecture, was of the opinion that the work was of poor quality and had to be redone in many areas. … Jemison established that the work was of poor quality and was not satisfactorily completed.

City National Bank v. Knight

421 F. Supp. 1387 · District Court, M.D. Louisiana · Nov 5, 1976

In order to qualify for the loan, Knight was required to fill out a financial statement which, among other things, called for a listing of assets and debts of the applicant. … As in other civil matters, a bankruptcy referee’s findings of fact are to be upheld unless they are clearly erroneous. (Citations omitted.)

In re Mexican-American Fruit & Steamship Corp.

34 F.2d 674 · District Court, E.D. Louisiana · Sep 11, 1929

It is the condition precedent, compliance with which is required of the vessel’s owner to give him the benefit of the immunity afforded by the act. International Navigation Co. v. Farr & Bailey Mfg. Co., 181 U. … While it is true that the vessel did not open up immediately after grounding, those who by experience and observation are most qualified to express themselves have stated that it is possible under the circumstances for mud

McHugh v. Placid Oil Co.

206 La. 511 · Supreme Court of Louisiana · Jun 26, 1944

In that light, it can be understood why the language of the Act establishing a one year prescription would indicate that it dealt with prosecutions based upon indictments and other presentments, whereas that part establishing … The generalized statement was therefore necessary in order to establish a prescription covering all fines and forfeitures.

Harper v. Crescent Drilling Co.

107 So. 2d 553 · Louisiana Court of Appeal · Nov 25, 1958

The testimony of plaintiff is clearly to the effect that he has continued to .suffer pain; that he is unable to perform any sort of labor which involves lifting even moderately heavy weights; that he cannot bend or stoop … Kingsley and cannot be regarded as controlling in view of the established facts which we have above outlined.

Jure v. Raviotta

612 So. 2d 225 · Louisiana Court of Appeal · Dec 29, 1992

Raviotta was not so qualified; indiscriminately and improperly administering/and or providing narcotic drugs to Jure and failing to refer Jure for proper psychiatric care and treatment. … establish a causal relationship between the alleged negligent treatment and the injury sustained.

Martin v. Carroll

59 So. 2d 158 · Louisiana Court of Appeal · Apr 30, 1952

The belated efforts to qualify could not breathe life into the proceedings prior thereto, and if these be stricken as null ab initio, as they were, subsequent acts predicated on them must fail. … But the proceedings were stricken with a radical and absolute nullity, ab initio, by reason of the failure to conform to the provisions and procedure established by law.

Kennedy v. Braskem America, Inc.

District Court, E.D. Louisiana · Aug 7, 2019

A written agreement, which provides workers’ compensation insurance coverage, between a general contractor and subcontractor is “absolutely necessary to qualify for immunity.” Briggs v. … The defendants suggest that the Amended EPC Contract, along with enrollment forms,9 are sufficient to establish their immunity defense.

Donald Domingue v. Peggy Sue Wagner

Louisiana Court of Appeal · Feb 6, 2013

Wagner is, thus, also immune from a suit for civil malicious prosecution based on her qualified immunity discussed by the Louisiana Supreme Court in Jones v. Soileau, 448 So.2d 1268 (La.1984) and Johnson v. … The trial court’s ruling does not mention “qualified immunity,” but since the doctrine is a legal concept, it can be recognized as applicable in this case.

State v. Hookfin

476 So. 2d 481 · Louisiana Court of Appeal · Oct 8, 1985

The right of each party to impeach the testimony and the credibility of his adversary's witnesses has been clearly established. LSA-R.S. 15:486; State v. Redwine, 337 So.2d 1041 (La.1976). … The particular remark objected to was a comment by the district attorney on evidence admitted and was clearly not improper. LSA-C.Cr.P. art. 774.

Marchand v. Asbestos

2010 La.App. 4 Cir. 650 · Louisiana Court of Appeal · Jul 21, 2010

Continental explained that Pendleton’s dissolution provided it with an absolute immunity from liability and noted that immunity is a defense available for its use as Pendleton’s insurer. … Cole established a “significant exposure” test for determining when a cause of action accrues in a long-latency disease case. Abadie v.

Gorman v. Swaggart

524 So. 2d 915 · Louisiana Court of Appeal · Apr 22, 1988

In spite of defendants' arguments to the contrary, Gorman clearly is not disputing his dismissal as a minister. How could he when his voluntary resignation predated his formal dismissal? … The parameters of the relief which can be granted in the event that Gorman and MGM are successful are obviously fixed by the constitution and the law on qualified privileges.