Case law

Corley v. State Ex Rel. Division of Administration, Office of Risk Management

816 F. Supp. 2d 297 · District Court, M.D. Louisiana · Sep 13, 2011

The record contains uncontested facts which establish the plaintiffs prima facie case. Plaintiff is a member of a protected class and was qualified for her position. … The evidence shows that the defendants clearly supported the plaintiff’s request and would allow leave for the plaintiff to attend classes.

State v. Prejean

24 So. 3d 1033 · Louisiana Court of Appeal · Oct 27, 2009

We do not find the trial court abused its wide discretion in finding that the State established a prima facie showing of discriminatory strikes. … The Daubert court was clearly not concerned with whether the expert is qualified solely by education to give opinion testimony concerning a particular matter.

Fontenot v. Young

128 La. 20 · Supreme Court of Louisiana · Feb 13, 1911

That the Governor shall appoint five persons to serve as police jurors until their successors shall have been elected and qualified, in 1912, and shall also appoint a register of voters; that the jurors, so appointed, shall … passed, so long as they do not impair the obligations of contracts or devest vested rights, and no one can deny that when such a law is passed by competent authority, and the intention that it shall operate retroactively is clearly

DeRouen v. Audirsch

639 So. 2d 476 · Louisiana Court of Appeal · Jun 28, 1994

DeRouen had no typing or computer skills and was therefore not qualified for clerical work. Though Dr. … DeRouen's uncontroverted testimony established that Mrs. DeRouen's entire demeanor and personality has changed since the accident.

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 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.

In Re Medical Review Panel Proc. Vaidyanathan

98 La.App. 4 Cir. 0289 · Louisiana Court of Appeal · Sep 23, 1998

York's office, but she apparently received only Kavya's immunization record and the November 10, 1986 letter from Dr. Reynolds to Dr. York. Dr. … Anderson on July 26, 1990; and thus well past both the one-year and the three-year prescriptive periods established by LSA-R.S. 9:5628.

Boyette v. Auger Timber Co.

403 So. 2d 800 · Louisiana Court of Appeal · Aug 25, 1981

After an independent evaluation of the evidence, we conclude that the preponderance of the evidence clearly establishes that the sole legal cause of the accident was Lowe's negligence and that the defendants were not negligent … The record clearly establishes that these findings by the trial court are correct. Finally, plaintiffs contend the trial court erred in failing to grant them a new trial. LSA-C.C.P.

Moore v. Circle K Stores, Inc.

District Court, M.D. Louisiana · Aug 21, 2024

Each such statement shall begin with the designation “Admitted,” “Denied,” or “Qualified” and, in the case of an admission, shall end with such designation. … Plaintiff failed to submit any document wherein she admits, denies, or qualifies Defendant’s proffered statements of undisputed fact; thus, they are deemed admitted as not properly controverted under the Local Rules of

Esteve v. Iberia Parish Hospital

539 So. 2d 727 · Louisiana Court of Appeal · Feb 8, 1989

The testimony established that Anna Belle’s condition should have placed the hospital staff on guard that she might aspirate vomit. … Notwithstanding the pressures placed on the hospital staff in this instance, we are unable to conclude that the decision of the jury is clearly erroneous.

Gore v. City of Pineville

598 So. 2d 1122 · Louisiana Court of Appeal · Apr 8, 1992

Pineville refused to pay Gore’s medical expenses and denied his worker’s compensation benefits, contending under LSA-R.S. 23:1081 that Gore was not qualified for such benefits because his voluntary intoxication caused his … Under this limited holding in Socorro, we find the case before us clearly distinguishable.

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.

Hall v. Babin

506 So. 2d 658 · Louisiana Court of Appeal · Apr 9, 1987

We will not indulge in the hypothesis that the supporting documents were verified and attached, when the record does not clearly show this.” Vassallo, Inc., supra, at 927. … This allegation alone, for purposes of summary judgment, should serve to qualify plaintiff’s admission of having assigned her interest and raises a genuine issue of material fact concerning the nature and continuance of the

Roussel v. Berryhill

444 So. 2d 1286 · Louisiana Court of Appeal · Jan 10, 1984

The record clearly reveals Elaine Roussel was not negligent. … John Baptist Parish School System, qualified as an expert registered occupational therapist.

State v. Mims

550 So. 2d 760 · Louisiana Court of Appeal · Aug 23, 1989

Art. 894.1 is not a fatal error if the record clearly illumines reasons for the sentence imposed. Although the LSA-C.Cr.P. … In remanding the case, we instructed the sentencing court to consider the defendant's indigency which had already been established in the record.

Lastie v. Cooper

14 La.App. 5 Cir. 561 · Louisiana Court of Appeal · Dec 23, 2014

Lastie was a borrowed employee of Gretna at the time of the accident, Gretna and Mayor Harris are immune from tort liability and Mr. Lastie’s exclusive remedy is for worker’s compensation benefits. … The evidence presented clearly establishes that Gretna had the right of control over Mr. Lastie, thereby favoring a finding of borrowed employee status.

Hare v. Paleo Data, Inc.

2011 La.App. 4 Cir. 1034 · Louisiana Court of Appeal · Apr 4, 2012

C.C.P. art. 1951 and amended the judgment accordingly, to where it now clearly: 1) grants Paleo Data’s motion for summary judgment on Mrs. … R.S. 23:332, a claimant must establish the following elements: 1) she was a member of a protected class; 2) she was qualified for the position; 3) she suffered an adverse employment action; and 4) similarly situated employees

Harepour v. AC Collins Ford of New Orleans

363 So. 2d 1261 · Louisiana Court of Appeal · Oct 12, 1978

She first visited the Collins dealership on October 28, 1976, and through this salesman learned she could not qualify for a loan to buy a new car. [3] Forte told her he would sell her a used car, and on October 28 she gave … Clearly it is entitled to this award. For the reasons assigned, the judgment appealed from is amended to cast A. C. Collins of New Orleans, Inc., and Fred Forte as solidary obligors and to award A. C.

Edwards v. J.B. Beaird Corporation

19 So. 2d 725 · Louisiana Court of Appeal · Nov 2, 1944

1943, while in the employ of defendant corporation, which was engaged in a hazardous business, he suffered an injury due to an accident which has totally and permanently disabled him for manual labor, and that he is not qualified … The evidence in the record clearly establishes that the accident happened as alleged by plaintiff, and this fact is admitted by counsel for defendants in their brief.

Rollins v. Ford Motor Co.

424 So. 2d 527 · Louisiana Court of Appeal · Dec 9, 1982

Martinsen, Jr., who was qualified as an expert in the field of fire origins. Much of his testimony was based on the Regulatory Standards of the National Fire Protection Association. … We need not decide the issue of defendant’s strict liability because the evidence in the record clearly establishes the existence of one of the defenses to strict liability, namely “victim fault”. See Hunt v.