Case law

Polites v. Millers Mutual Fire Insurance Co.

267 So. 2d 214 · Louisiana Court of Appeal · Sep 29, 1972

While the amount might not be what this court would have awarded under the circumstances, we cannot say the award was clearly or manifestly excessive. … Clearly this is sufficient special study and experience to qualify him as an expert.

Opinion Number

Louisiana Attorney General Reports · Dec 6, 2005

This notion of local immunity was supported by the recent case of Castille v. … The cases noted above clearly provide for a suspension of due process and notice requirements in the event of a natural disaster.

Lee v. Sun Life Assurance Co. of Canada

20 F. Supp. 2d 983 · District Court, M.D. Louisiana · Sep 21, 1998

Thus, a “plan” clearly exists under this standard. … A multiple employer trust is an arrangement whereby employers with too few employees to qualify for group rates on their own may subscribe to a trust, which “pools” the employers’ premiums and issues a policy covering the

In Re Succession of Halligan

887 So. 2d 109 · Louisiana Court of Appeal · Sep 17, 2004

The parties agree that the contract at issue in this case qualifies as an annuity under the above provisions. … Nor do we find that any of the exemptions established by LSA-R.S. 22:647(B)(1) shield the proceeds of the annuity in this case from the inheritance tax.

Succession of Butterworth

195 La. 115 · Supreme Court of Louisiana · Mar 4, 1940

Walker qualified as trustee in each case. … In the bequest in trust made to Bruce Butterworth, double ink lines are drawn through the words, “also my undivided' interest in timber lands,” but the words themselves are clearly legible.

Allemang v. Louisiana

District Court, W.D. Louisiana · Jun 10, 2021

A qualified immunity defense to a claim under Louisiana constitutional law is analyzed under the same standard used for a qualified immunity defense to a claim under federal constitutional law. Moresi v. La. … Rogers was entitled to qualified immunity, Mr. Allemang’s claims for a violation of any state constitutional rights will be dismissed.

Jane Doe v. Herbert Lewis, Junior

Louisiana Court of Appeal · Dec 30, 2020

A conditional or qualified privilege arises in a broader number of instances. Id. . . . It is impossible to reduce the scope of a conditional or qualified privilege to any precise formula. Id. … “Defamation damages must be proved by competent evidence, but there is no need to establish the actual pecuniary value of the injury suffered.” Lege v. White, 619 So.2d 190, 191 (La.

Maryland Casualty Company v. Kramel

80 So. 2d 897 · Louisiana Court of Appeal · May 18, 1955

While it is clearly established that the policy in effect at the time of the accident was intended and understood as a renewal of the previously existing policy, there was inserted in the latter policy the $50 deductible … It was clearly the intention of the defendants to have the former policy renewed in its precise terms.

State in Interest of TK

568 So. 2d 636 · Louisiana Court of Appeal · Oct 3, 1990

Lonowski, qualified as an expert in the field of clinical psychology, clearly established that in his opinion TK was a sexually abused child, abused by RD's children, that BT was informed of the sexual abuse of TK and planned … Lonowski clearly established that appellant, suffering a severe and chronic personality disorder, did not possess the emotional or behavioral resources to provide a safe, protective and nurturant child-rearing environment

Admire v. Strain

566 F. Supp. 2d 492 · District Court, E.D. Louisiana · Jun 24, 2008

Admire established her prima facie case. She is a woman; she was qualified for the positions sought; she did not receive the promotion; and in each case a man received the promotion. … The statement clearly relates to women. Ms.

State v. Thornhill

188 La. 762 · Supreme Court of Louisiana · Nov 29, 1937

This juror was subsequently asked the correct question and qualified, and no bill was reserved by either side”. … Under the jurisprudence and authorities, the ruling of the court was clearly correct.

Abdullah v. Simmons

772 So. 2d 698 · Louisiana Court of Appeal · Sep 13, 2000

Abdullah did not establish the correct standard of care through credible expert testimony, the jury's finding of negligence is erroneous because the finding is based on an incorrect standard of care. … Because a court of appeal has a constitutional function to perform, it has the duty to determine whether the trial court's judgment was clearly wrong based on the evidence, or clearly without evidentiary support.

Jamerson v. Village of South Mansfield

297 So. 2d 490 · Louisiana Court of Appeal · Jul 1, 1974

In neither case was it established that the decision not to renew the plaintiff’s contract was made in retaliation of his exercise of his constitutionally protected right of free speech. … The clerk and tax collector shall hold their offices for two years or until their successors are elected and qualified.

Pyles v. Weaver

958 So. 2d 753 · Louisiana Court of Appeal · May 16, 2007

It is well-established that *768 the trial judge has wide discretion in determining whether to allow a witness to testify as a expert, and his judgment will not be disturbed by an appellate court unless clearly erroneous. … He also admitted he had never designed or analyzed security for such an establishment.

United States v. St. James Parish

792 F. Supp. 1410 · District Court, E.D. Louisiana · Apr 6, 1992

The Hill-Burton Act 42 U.S.C. § 291i provides no definitive guidance, and the jurisprudence is equally elusive on the subject, although clearly under United States v. St. … If any facility with respect to which funds have been paid under section 606 shall, at any time within 20 years after completion of construction or modernization— (1) be sold or transferred to any entity (A) which is not qualified

Williams v. Robinson

98 La.App. 4 Cir. 3016 · Louisiana Court of Appeal · May 31, 2000

He acknowledged that he was not qualified to give an opinion as to the standard of care applicable to the emergency room treatment Terrell received. Called by plaintiffs to establish the cause of Terrell’s death, Dr. … Where there are two permissible views of the evidence, the fact finder’s choice between the two cannot be manifestly erroneous or clearly wrong. Rosell v.

In re Xarelto (Rivaroxaban) Products Liability Litigation

314 F.R.D. 397 · District Court, E.D. Louisiana · Apr 8, 2016

Ind. 2009) (“the immunity from discovery for opinion work product is absolute or nearly absolute"). The Honorable Eldon E. … Therefore, the information requested, i.e. a mere listing of materials reviewed, is not the type of information that deserves work product protection, and clearly is discoverable, Specifically, the PSC proposes a procedure

Palmer v. Asaff

297 So. 2d 487 · Louisiana Court of Appeal · Jul 1, 1974

Efferson, 223 La. 136 , 65 So.2d 115 , which authorities clearly hold that to operate as a waiver of the right to claim damages for defective construction the owner must have intended such result and the burden is placed … Tate qualified as an expert in the field of carpentry but not in other areas of construction and his testimony was properly limited to defects related to carpentry.

Cashio v. Shoriak

481 So. 2d 1013 · Supreme Court of Louisiana · Jan 13, 1986

After a hearing, the trial court rejected defendants' arguments finding first that paragraph 14 clearly and unambiguously conveys an intent to prohibit the display of political yard signs; secondly, that the past violations … Defendants were not the first Bon Lieu residents to erect signs which did not qualify under one of paragraph 14's three exceptions.

Opinion Number

Louisiana Attorney General Reports · Aug 20, 1999

The parenthetical reference to the position of marshal clearly indicates that the former position of marshal is incorporated in the position of chief of police. … You object to the establishment of the Personnel Board for the City of Plaquemine, consisting of the Mayor and Board of Selectmen. This board was established in the 1960's.