Case law

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.

Cutting v. Cutting

625 So. 2d 1112 · Louisiana Court of Appeal · Oct 6, 1993

Jack argues that the funds are clearly traceable and were not commingled to the extent that it is impossible to establish which funds belong to the separate and community estate and, thus, Succession of Sonnier, 208 So.2d … Comment (a) to article 2346 states: "This provision establishes the principle of equal management of community property.

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

In re Triola

236 So. 3d 792 · Louisiana Court of Appeal · Dec 27, 2017

An appellate court should not upset factual findings of a trial court absent manifest error or unless clearly wrong. Adams v. Grefer , 11-1157, p. 7 (La. App. 5 Cir. 9/11/12), 99 So.3d 1083 , 1086. … in both Parishes. 4 The value of each minor child's interest in and to the property was established at $75.00 each for the property located in St.

State v. Armstrong

683 So. 2d 1261 · Louisiana Court of Appeal · Oct 11, 1996

As the perjury charge was clearly appropriate, this assignment has no factual basis, and thus lacks merit. … Thus, the lower court lacked authority to grant Johnson immunity. Based upon the jurisprudence and circumstances of this case, we find no error on the part of the district court.

Homeland Ins. Co. v. Thompson

12 So. 2d 62 · Louisiana Court of Appeal · Feb 17, 1943

his lantern, but apparently his signal was too late and the train, a freight train composed of 62 cars, travelling at a speed estimated from 40 to 50 miles per hour (less than 45, according to the testimony of those best qualified … The mere reading of the first two cases will clearly demonstrate that the two are inapposite to the case at bar.

State, Department of Transportation & Development v. Biscomb

94 So. 3d 193 · Louisiana Court of Appeal · Jun 20, 2012

Before a factfinder’s verdict may be reversed, there must be evidence within the record such that a reasonable factual basis does not exist for the verdict, and the record establishes the verdict is manifestly erroneous. … Daigle, DOTD’s witness, was qualified as an expert in forensic accounting.

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.

Gambel v. Tullis

307 F. Supp. 3d 570 · District Court, E.D. Louisiana · Feb 7, 2018

Ragweed was established by Deborah and Eli Tullis, Sr., who distributed shares in the company among their children and various heirs. Rec. Doc. 1 at 7. … The corporate statutes clearly anticipate that entities will name their initial management in their formation articles, and contain no indication that this action undercuts the company's ability to later remove those named

Roy v. Roy

382 So. 2d 253 · Louisiana Court of Appeal · Mar 5, 1980

Neither party was qualified as an expert. Even bona fide offers to purchase are not admissible as evidence to establish value of property. Tennessee Gas Transmission Co. v. … the stipulation of the parties as to improvements to the property made by the plaintiffs-defendants in reconvention we must necessarily conclude his finding that there was no valuable consideration for the 1976 sale was clearly

State Ex Rel. Kohler's Snowite Laundry & Cleaners, Inc. v. State Board of Commerce & Industry

205 La. 622 · Supreme Court of Louisiana · Feb 10, 1944

Gardiner, advised : “A plant which is used as a laundry and dry cleaning establishment does not, in our opinion, fall within the definition of a manufacturing establishment set forth in Act 37 of 1938 and we are therefore … Exemptions were also granted, as late as December, 1941, to concerns which clearly did not come within the definition of manufacturing establishments, as contained in the constitutional amendment which became law in December

Holmes v. White

District Court, E.D. Louisiana · Feb 23, 2024

But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.” Imbler, 424 U.S. at 427. … Nevertheless, “the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.” Id. c.

Sandifer v. Central States Southeast & Southwest Areas Pension Fund

709 F. Supp. 713 · District Court, E.D. Louisiana · Mar 30, 1989

Firestone, therefore, teaches that the defendant here falls within the exception to de novo review of Section 1132(a)(1)(B) claims established by the Supreme Court in that case. … The Supreme Court has clearly held that ERISA preempts all state laws relating to any claim arising out an employee benefit plan. 29 U.S.C. § 1144 (a); Pilot Life Insurance Co. v.

Baham v. Sutherland

197 So. 2d 345 · Louisiana Court of Appeal · Apr 3, 1967

Defendant and his wife emphatically testified that they came to Louisiana to establish a domicile. … to establish a domicile and remain in Louisiana.

Miller v. Oubre

682 So. 2d 231 · Supreme Court of Louisiana · Oct 15, 1996

Qualifying for the offices of justice of the peace and constable was scheduled to begin Wednesday, July 10, 1996. [2] *233 Plaintiffs Henry R. … Charles Parish immunity from state legislative control when exercising within their boundaries legislative powers consistent with the 1974 state constitution that are not denied by general law.

State v. Stewart

92 La.App. 4 Cir. 2536 · Louisiana Court of Appeal · Dec 15, 1994

New Orleans Police Officer Michael Glas-ser, who was qualified as an expert in the packaging and distribution of controlled dangerous substances, testified heroin was packaged in individual dosages in small amounts of tin … to the satisfaction of the judge, by affidavit of a credible person, reciting facts establishing the cause for the issuance of the warrant.

State v. Boudreaux

597 So. 2d 1235 · Louisiana Court of Appeal · Apr 16, 1992

"[A] blanket prohibition against the taking of voluntary statements or a permanent immunity from further interrogation, regardless of the circumstances, *1238 would transform the Miranda safeguards into wholly irrational … When, as in the case at bar, a desire for immediate talk clearly appears from the suspect's words and conduct, but he also states he wants a lawyer (i.e.,) "I would like to have a lawyer, but I would rather talk to you"(,

Opinion Number

Louisiana Attorney General Reports · Mar 17, 2008

An "appointment" is the offer by an appointing authority of employment in a classified position and the acceptance of the offer by a qualified person. 8 As stated in your letter, prior to the creation of the Authority Boards … Clearly, within each individual levee district, the Authority Board may freely move employees about as it deems best, limited only by the CSRs.

LeBlanc v. Mercedes-Benz of North America

93 La.App. 3 Cir. 907 · Louisiana Court of Appeal · Mar 2, 1994

LeBlanc had put on the car, defendants sought to establish the number of miles per year allowed during a lease and the excess mileage charge in a lease contract in order to establish the value of plaintiff's use of the automobile … Under the facts of this case, we cannot say that the jury clearly erred in denying plaintiff any mental anguish damages. Dr.

Sara McDowell, individually and on behalf of the estate of her husband, Hartley Duncan v. Garden Court Healthcare, L.L.C., D/B/A Garden Court Health and Rehabilitation, June Roderick, NP and Provider Health Services, L.L.C.

Louisiana Court of Appeal · Aug 10, 2022

tort liability on the part of the qualified health care provider is governed by general tort law. … And so clearly the statutory directive says that if it’s intentional it falls outside of medical malpractice.