Case law

Webb v. TULANE MEDICAL CENTER HOSP.

700 So. 2d 1141 · Louisiana Court of Appeal · Oct 1, 1997

The evidence establishes that a diagnosis of pulmonary infarct was reasonable. … Caputto was qualified as an expert in internal medicine, hematology and oncology. [5] Dr. Brammer was qualified as an expert in hematology, internal medicine and oncology.

Couhig's Pestaway Company, Inc. v. Pestaway, Inc.

278 So. 2d 519 · Louisiana Court of Appeal · May 30, 1973

It has engaged in the termite and pest control business for residences and commercial establishments since that date. … conducted by him was the establishment owned and conducted by the plaintiff.

Survey America, Inc. v. Louisiana Professional Engineering

2009 La.App. 1 Cir. 0286 · Louisiana Court of Appeal · Feb 10, 2010

Board’s actions were arbitrary and capricious and clearly wrong. … The Board may establish, adopt, promulgate, and publish rules and regulations concerning the procurement of land surveying services. LSA-R.S. 37:688(0(2).

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.

Morrison v. Blanchard

District Court, E.D. Louisiana · Apr 3, 2023

Lotttinger and Holmes also argue that they are entitled to qualified immunity. Blanchard has filed a separate motion to dismiss pointing out that Mr. … He argues further that he is entitled to qualified immunity. Mr. Morrision opposes.

State v. Clark

638 So. 2d 225 · Louisiana Court of Appeal · Mar 16, 1994

Assignments # 4 and # 5 These assignments concern the testimony of Ronald Jewel, who was qualified as an expert in firearms identification. Mr. … After defendant objected that this was beyond the witness's competence, the court allowed the State to establish Mr. Jewel as an expert in the field "to identify how far away the gun is fired."

State v. Crawford

410 So. 2d 1076 · Supreme Court of Louisiana · Mar 1, 1982

The accused bears the burden of establishing by a clear preponderance of the evidence reasonable grounds for the judge to believe that he is mentally defective or was at the time of the offense. … Also, the sentence imposed is within the penalty by statute for the offense and is not clearly excessive in view of the brutal injuries inflicted and lack of any mitigating circumstances.

Giepert v. Wingerter

531 So. 2d 754 · Supreme Court of Louisiana · Sep 12, 1988

He qualified as a candidate for reelection on July 27, 1988. Two distinct questions are presented for review. … He notes age is not mentioned in the statute establishing the qualifications of New Orleans City Court judges, La.R.S. 13:1873.

Ebarb v. Erwin

530 So. 2d 1166 · Louisiana Court of Appeal · Jun 1, 1988

The burden of proof in a motion for summary judgment is on the mover to establish that there are no genuine issues of material fact. This burden is a great one. … However, LSA R.S. 22:1258 simply requires that surplus line insurance contracts be clearly labeled as such.

Bayly v. London & L. Ins. Co.

2 F. Cas. 1087 · U.S. Circuit Court for the District of Louisiana · Jul 1, 1875

But does the proof establish clearly and beyond doubt that the plaintiffs kept saltpetre for sale ? … The word “considerable,” was therefore used as a qualifying word.

State v. Ste. Marie

723 So. 2d 407 · Supreme Court of Louisiana · Dec 18, 1998

Our recent decisions in other contexts have made clear that in the absence of clearly expressed legislative intent, this Court will not fashion for particular statutory violations remedies which appear to conflict with the … I, § 13 that the legislature provide for a uniform system for securing qualified counsel for indigent defendants in criminal cases "creates no personal right which individual defendants may exercise.").

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. Worthy

16 La.App. 4 Cir. 0431 · Louisiana Court of Appeal · Oct 5, 2016

She subsequently qualified this testimony, stating that the “payment plan” was to “date the check to negotiate it. Ms. … In this case, the State’s exhibit of the four certified letters sent to the defendant clearly indicates that all four letter were returned unclaimed.

Davis v. BOARD OF SUP'RS OF LA. STATE UNIV.

887 So. 2d 722 · Louisiana Court of Appeal · Nov 17, 2004

Jacobs was the only plaintiffs' witness who was qualified to address the issue of standard of care and breach thereof. However, because Dr. … Clearly, the jury had factual information which enabled them to deduce, that the Davis' had no reason to believe the July 11, 1990, report was preliminary. Each explanation led to a reasonable perception that Dr.

Robinson v. ASTRA PHARMACEUTICAL PRODUCTS

765 So. 2d 378 · Louisiana Court of Appeal · Mar 31, 2000

The record contains expert testimony which establishes that evidence regarding prior infections would support alternative theories of possible causes of Mrs. Robinson's miscarriage. … Wilkinson, to be qualified as an expert because "[t]here is an inherent bias in allowing a defendant to be an expert in his own case."

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.

United States ex rel. Mack v. Walker

231 F. Supp. 819 · District Court, E.D. Louisiana · Jul 9, 1964

The burden of establishing the discrimination rests upon the defendants. … Certainly it is necessary to have only qualified persons serve on a grand jury.

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.

Collins v. State ex rel. Louisiana Health Care Authority

99 La.App. 4 Cir. 2307 · Louisiana Court of Appeal · Jul 12, 2000

While it may be argued that EM-TALA creates a federal malpractice action, the federal jurisprudence clearly establishes that EMTALA was enacted in response to the concern that hospitals were dumping medically indigent patients … The medical malpractice act clearly provides that damage awards against qualified health care providers are to be capped at $500,000.

Davis v. Shaw

142 So. 301 · Louisiana Court of Appeal · Jun 11, 1932

It is therefore necessary for this court to establish the rule applicable in such eases. … In order to hold otherwise, it would be necessary for us to establish a new and non-existing cause of action against an owner of an automobile, or of other property, in this state.