Case law

Pierre-Ancar v. Browne-McHardy Clinic

807 So. 2d 344 · Louisiana Court of Appeal · Jan 16, 2002

Corp., 33-378 (La.App. 2 Cir. 5/15/00) , 764 So.2d 1094 [2] : In a medical malpractice action, opinions of expert witnesses who are members of the medical profession and who are qualified to testify on the subject are necessary … She did not establish that she could satisfy her evidentiary burden at trial. Her assigned error has no merit.

Knight

District Court, M.D. Louisiana · Feb 27, 2026

The opposing party must also specifically reference the paragraph number of each fact being admitted, denied, or qualified. Id. … Under the LWCA, a statutory employer is afforded the same tort immunity as direct employers. La. R.S. 23:1061(A)(1).

Starkman v. Evans

18 F. Supp. 2d 630 · District Court, E.D. Louisiana · Aug 26, 1998

Defendants also contend that Reverend Evans cannot qualify as an “employer” under the ADA, and thus cannot be individually liable for any claims brought under the ADA. … Thus, the Establishment Clause cannot at this stage bar plaintiff from proceeding. 2.

State ex rel. J.Y.M.

10 La.App. 3 Cir. 841 · Louisiana Court of Appeal · Dec 8, 2010

Further, the record also clearly supports the State’s assertion that P.J.M. demonstrates unhealthy behavior. … We also find that the trial court was not clearly wrong in finding that the State satisfied its burden under La.Ch.Code art. 1015.

Lou v. Lopinto

District Court, E.D. Louisiana · May 19, 2023

Sheriff Lopinto does not seek dismissal or summary judgment based on qualified immunity in this Motion. … Belt, 828 F.2d 298, 304 (5th Cir. 1987)) (internal quotation marks omitted) (holding that the district court erred in concluding that the sheriff did not enjoy qualified immunity against the plaintiff’s failure to train

Keyser v. Triplett

322 So. 2d 294 · Louisiana Court of Appeal · Jan 16, 1976

The evidence clearly established that the plaintiff crossed the intersection against a red or "stop signal". … Undoubtedly, he qualified under Paragraph A of R.S. 32:24 and "may exercise the privileges set forth in this Section". However, these privileges are subject to the conditions found in Paragraphs C and D.

State v. De Verges

153 La. 349 · Supreme Court of Louisiana · Feb 26, 1923

The title of Act 125 of 1908 reads, as follows: “An act to regulate the practice of public accounting by establishing a state board of accountants, fixing its fees and emoluments; to prohibit the unlawful use of words, letters … This latter provision was Clearly adopted as a matter of comity, since the principles of accounting are the same everywhere and presumably any one qualifying under restrictions equally efficient would be as competent in the

Emanuel Flintroy, Individually and on Behalf of his Daughter, Jessica Wright v. The State of Louisiana Health Science Center-Monroe, Dr. Rick Cavell, Dr. Gwen Holdiness, Dr. Stuart Melton, S.M. Beal, RN, Randy Ratcliff, RN, Lauren Tucker, RN, K. Richardson, RN and S. Dunham, RN

Louisiana Court of Appeal · Mar 3, 2021

In an “additional response” (the record does not include his original response), Flintroy argued that the documents did not clearly establish the date of Ms. … and not qualified, to the same extent that prescription is suspended against the party or parties that are subject of the request for review.

Dickson v. Hardy

177 La. 447 · Supreme Court of Louisiana · May 1, 1933

After the failure of the passage of this ordinance, it was submitted, under section 14 of Act No. 302 of 1910, to the qualified voters of the city of Shreveport. … Petitioner has attacked Ordinance 39 of 1932 as illegal, null, and void on the following grounds: (a)That Act No. 302 of 1910, the charter of the city of Shreveport, establishes five departments into which the powers and

STATE, DEPT. OF SOCIAL SERV. v. McCorkle

694 So. 2d 1077 · Louisiana Court of Appeal · Apr 29, 1997

As has been clearly announced in later decisions by the Supreme Court, the father or spouse does not possess the authority to prevent or require the mother to terminate her pregnancy. See Planned Parenthood v. … The right of privacy is not absolute; it is qualified by the rights of others. Gannett River States Publishing v. Hussey, 557 So.2d 1154 (La.App. 2 Cir.1990), writ denied, 561 So.2d 103 (La.1990).

Baumbouree v. Baumbouree

15 La.App. 3 Cir. 1053 · Louisiana Court of Appeal · Jul 13, 2016

Stock transfer restrictions do not affect ownership of the stock; they merely qualify the privilege of disposition of the stock. Mestayer v. Williams, 569 So.2d 1102, 1106-7 (La.App. 3rd Cir.1990). … The sell/buy provisions of Articles IV and VI were valid and binding stock transfer restrictions, and clearly governed the valuation of the stock.

Carter v. Rockwood Ins. Co.

341 So. 2d 595 · Louisiana Court of Appeal · Jan 10, 1977

Gleason, Jr., a well-qualified orthopedic surgeon who was the only medical witness in the case. Dr. … Causation of the second accident and resulting disability by the previous on-the-job accident is clearly established.

Lucas v. Berkett

233 La. 896 · Supreme Court of Louisiana · Oct 25, 1957

Board of Liquidation of City Debt, 110 La. 313, 314 , 34 So. 457, 464 , this court said: “An entry in the journals of character such as to clearly identify the matter brought up each time with that ultimately adopted as a … Article 14, Section 3(c) pertinently reads as follows: “There is hereby created in the said Parish a Jefferson Parish Charter Commission consisting of fifteen persons, who are residents and qualified voters of the said Parish

Simmons v. Transit Management of Southeast Louisiana, Inc.

2000 La.App. 4 Cir. 2530 · Louisiana Court of Appeal · Feb 7, 2001

Moreover, the privilege created by the work-product doctrine is qualified, not absolute. Id. at 131 . Discovery statutes should be liberally construed to achieve their purpose. Id. … Thus, the instant case is clearly distinguishable from Sass . Thus, the trial court order compelling production of the materials is affirmed. WRIT GRANTED; RELIEF DENIED; TRIAL COURT JUDGMENT AFFIRMED.

Brodnax v. Foster

92 So. 3d 427 · Louisiana Court of Appeal · Apr 11, 2012

The applicable standard of review is the manifestly erroneous or clearly wrong standard. … the finding is clearly wrong.

State of Louisiana v. Jeremy Dillion

Louisiana Court of Appeal · Mar 19, 2026

To rebut this presumption of constitutionality, the defendant must clearly show that he is exceptional, which in this context means that because of unusual circumstances he is a … Defendant has failed in this case to “clearly show that he is exceptional,” or otherwise rebut the presumption that his legal sentence is constitutional.

Rison v. LifeCare Hospitals of Shreveport

196 So. 3d 657 · Louisiana Court of Appeal · May 18, 2016

Factual findings, in workers’ com; pensation cases are subject to-the manifest error or clearly wrong standard of appellate review. Gilliam v. Brooks Heating & Air Conditioning, 49,161 (La. … The director shall, through the office of workers’ compensation administration, promulgate rules in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., to establish a medical treatment schedule. C.

Arbourgh v. Sweet Basil Bistro, Inc.

740 So. 2d 186 · Louisiana Court of Appeal · May 19, 1999

Raynorda Brown was qualified as an expert in pediatric gastroenterology. She first examined Steven on June 26, 1995 at Children's Hospital. … Louise McFarland, chief epidemiologist for the State of Louisiana, was the next witness and was qualified as an expert in epidemiology.

Opinion Number

Louisiana Attorney General Reports · Aug 6, 1996

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally, and affirmatively established. Zapata Haynie Corp. v. Larpenter , 583 So.2d 867 (La.App. 1st Cir. 1991), Writ Denied. … We believe the necessity of meeting both criteria is clearly recognized by the Louisiana Supreme Court in Slay .

Scott v. Lakeview Regional Medical Center

2001 La.App. 1 Cir. 0538 · Louisiana Court of Appeal · Mar 28, 2002

STANDARD OF REVIEW Factual findings in a workers' compensation case are subject to the manifest error or clearly wrong standard of appellate review. Banks v. … Scott would have been qualified to apply for if he were not incarcerated. Ms. Brantley stated that these jobs were all located within 35 miles of Mr.