Case law

Villa v. Geico Cas. Ins. Co.

239 So. 3d 346 · Louisiana Court of Appeal · Feb 15, 2018

After qualifying as an expert optometrist, Dr. Menard explained to the jury that he first started treating Ms. Villa in April 2011. … The tenth day would be August 3, which is clearly ten days before the cancellation date of August 5. Ms.

Johnson v. DYKES OIL CO.

72 So. 3d 418 · Louisiana Court of Appeal · Aug 10, 2011

approved for an unpaid vacation; • had been fired for approving her own paid vacation without approval from her supervisor; • deliberately disregarded the interest of the company; • engaged in aggravated misconduct; • was not qualified … That being so, its legal conclusion is clearly wrong. In other words, despite finding Johnson had no intent to do wrong, the board affirmed the ALJ’s denial of benefits because of Johnson’s misconduct. This cannot be.

Stall v. State Farm Fire and Cas. Co.

995 So. 2d 670 · Louisiana Court of Appeal · Oct 29, 2008

." *674 HRI's primary policy, underwritten by Hartford Insurance Company, provides that the named insured is "Historic Restoration, Inc." and includes no further qualifiers. … Stall's declaratory judgment action does not seek to establish her rights against HRI and RSUI, but seeks to establish the rights of the Association against HRI and RSUI. Because Ms.

Allen v. Superior Insurance Co. of Dallas

192 So. 2d 820 · Louisiana Court of Appeal · Nov 15, 1966

Thomas Campanella testified on behalf of plaintiff and was qualified as an expert orthopedist. … Meuleman is a qualified orthopedist whose testimony was taken by deposition.

Williams v. Bernstein

51 La. Ann. 115 · Supreme Court of Louisiana · Jan 23, 1899

The Ragan line, in Section 12, is an artificial ■or arbitrary one as clearly demonstrated by the map made by him. … contention of the plaintiff is that he purchased the land included in the calls of his deed, without reference to any particular survey and'without mention being made in the act of sale of any circumstances which would qualify

Furlough v. Union Pacific RR Co.

766 So. 2d 751 · Louisiana Court of Appeal · Aug 31, 2000

In any event, the jurisprudence clearly provides that any issue relating to the equipment in place on a locomotive is completely preempted. … The record or "consist" kept by the railroad company, however, clearly states that the train was originally to have 75 cars.

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

Aderholt v. Metro Security, Inc.

14 La.App. 5 Cir. 880 · Louisiana Court of Appeal · Mar 25, 2015

order to prove a prima facie case of age discrimination, the plaintiff must show that: 1) she is in the protected age group (over age forty); 2) her employment with the defendant was involuntarily terminated; and 3) she was qualified … Second, the appellate court must further determine that the record establishes that the finding is clearly wrong or manifestly erroneous. Stobart v. State through Dept. of Transp. and Dev., 617 So.2d 880, 882 (La.1993).

Mouret v. Belmont Homes, Inc.

12 La.App. 3 Cir. 55 · Louisiana Court of Appeal · May 30, 2012

Unless grounds for vacating, modifying or correcting the award are established, the award must be confirmed, and the burden of proof is on the party attacking the award. … Plaintiffs’ claim that there was *597 only one arbitrator qualified to hear their dispute is not borne out by the record.

Thoulion v. Jeanfreau

794 So. 2d 936 · Louisiana Court of Appeal · Jun 20, 2001

R.S. 9:2794 sets forth the burden of proof imposed upon a plaintiff in establishing a medical malpractice claim. … Section 1299.42B(2) limits the liability of a single qualified health care provider to $100,000 for the injury to or death of any one person.

Simpson v. Stevenson

852 So. 2d 1093 · Louisiana Court of Appeal · Aug 6, 2003

Defendant argues that the affidavit was inadequate because the affiant did not state that she supervised the tests or that she was a qualified examiner of blood samples and did not establish the chain of custody of the samples … Based upon this record, we conclude the trial court was not clearly wrong in finding that the plaintiff established by a preponderance of the evidence that defendant is the biological father of the minor child.

Fried v. Bradley

219 La. 59 · Supreme Court of Louisiana · Feb 12, 1951

The plaintiffs’ action is based primarily on the nullity of the deed by the four named executors of Sol Fried, who had qualified as such in the Chancery Court of *65 Warren County, Mississippi, but had not qualified as executors … our interest but we may not renounce that which is established in the interest of society.

State v. Kahey

436 So. 2d 475 · Supreme Court of Louisiana · Jun 27, 1983

Qualified jurors need not, however, be totally ignorant of the facts and issues involved. … The medical testimony given at trial clearly demonstrated the role of starvation in Arthur's death.

Central Sav. Bank & Trust Co. v. Succession of Brandon

167 So. 515 · Louisiana Court of Appeal · Apr 30, 1936

Levy qualified as tutor of the minors. Their mother predeceased the father. … They argue that by so accepting said succession, Oscar Brandon legally established-a conditional obligation in favor of all creditors of the succession of which the bank, as holder of said notes, might have availed itself

Luther Charles v. Transcontinental Gas Pipeline, LLC

Louisiana Court of Appeal · Mar 12, 2025

Galligan, Jr., The Employer’s Tort Immunity: A Case Study in Post–Modern Immunity, 57 La.L.Rev. 467, 488 (1997). … We find this evidence sufficiently establishes a contract between Blue Fin and Hydrochem.

Avenal v. State

886 So. 2d 1085 · Supreme Court of Louisiana · Oct 19, 2004

Further, the qualifying Davis Pond leases were all "active and productive," and only qualified for evaluation under the damage formula if they agreed to a side-scan sonar survey using an acoustic remote-sensing device to … and allowed for retroactive effect for that expanded sovereign immunity).

Warren v. Sabine Towing and Transp. Co.

2002 La.App. 3 Cir. 0573 · Louisiana Court of Appeal · Oct 30, 2002

Warren's widow, Evelyn Yvonne Warren, qualified as administratrix of his estate and continued the litigation as party plaintiff. … Warren did nothing to establish that her husband's disease and progression to AML was any different from that encountered in the parts of the population not so exposed.

In the Matter of Landrum

704 So. 2d 872 · Louisiana Court of Appeal · Dec 10, 1997

Legendre stated that, in his opinion, coparenting by the two couples would be ideal, and that the couples would be well advised to attend coparenting classes at the Family Tree in Lafayette or some other equally qualified … The record established that for approximately three and one-half of Alicia's four years her care and rearing were left to the Landrums.

Armstrong v. Hanover Ins. Co.

614 So. 2d 312 · Louisiana Court of Appeal · Feb 11, 1993

`Insured' means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. … Hanover failed to establish the relationship between Mr. Armstrong and the tractor. Clearly, Mr. Armstrong was engaged in an activity that was physically and directly related to the tractor.

Sims v. Louisiana State

District Court, E.D. Louisiana · Jan 25, 2023

“[E]leventh amendment immunity is a jurisdictional issue that cannot be ignored, for a meritorious claim to that immunity deprives the court of subject matter jurisdiction of the action.” Jefferson v. La. Sup. … , responsiveness to the unique needs of the community, and the establishment of local partnerships and relationships with other local agencies . . . .”