Case law

Stewart v. Parish School Board of the Parish of St. Charles

310 F. Supp. 1172 · District Court, E.D. Louisiana · Feb 25, 1970

An examination of our sixty-six local public school systems will show clearly that the property owning taxpayers have willingly shouldered this burden in spite of opposition from segments of labor, conservatives, liberals … The Court said: “We are of the opinion that the ‘one person, one vote’ principle is now firmly established in broad general terms without qualification or exception.

Godchaux v. Peerless Insurance Co.

13 La.App. 3 Cir. 1083 · Louisiana Court of Appeal · Jun 4, 2014

I would exclude his testimony based on a finding that the defendants have not established that there is an accepted field of expertise in “causation analysis.” While Dr. … Bain may have been qualified as an expert in “biome-chanics” and “accident reconstruction,” the record before us does not support that he performed any tests, examined the specific vehicles, or performed or reviewed any “

LaBove v. Raftery

802 So. 2d 566 · Supreme Court of Louisiana · Nov 28, 2001

Because we have this duty, we must determine whether the verdict was clearly wrong based on the evidence, or clearly without evidentiary support. Id. … (n.s.) 494 , 1824 WL 1655 (La.1824), we stated: The question is one of fact alone and the rule established in this court is, that the decision in the inferior tribunal always governs here, unless it clearly appears to be

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.

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.

Perry v. Herrin

215 So. 2d 167 · Louisiana Court of Appeal · Jan 20, 1969

The Highway Department's negligence was clearly a legal cause of the accident. … Perry is established. It is incumbent upon the Perrys to show by clear and convincing evidence that Mrs.

State v. Smith

713 So. 2d 650 · Louisiana Court of Appeal · May 13, 1998

Detective Freeman was qualified by the court as an expert in the packaging, distribution, sale, and cash value of crack cocaine. … A trial court is not required to render a suspended sentence or probation on a first (or qualifying second) felony offense.

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.

State v. Zihlavsky

764 So. 2d 250 · Louisiana Court of Appeal · Jun 21, 2000

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … Clearly, this unanimous jury rejected the defense's theory, finding him guilty as charged of aggravated kidnapping.

McWhiney v. State, Department of Public Safety

514 So. 2d 1202 · Louisiana Court of Appeal · Oct 28, 1987

Section 662 establishes the crucial presumption that one is “under the influence of alcoholic beverages” with a blood test reading of .10. … Clearly, a license cannot be suspended without the presumption established by Section 662.

Sciambra v. Edwards

270 So. 2d 167 · Louisiana Court of Appeal · Nov 13, 1972

District Judges shall be elected by a plurality of the qualified voters of their respective districts in which they shall have been actual residents for two years next preceding their election. … This section must be accepted for what it clearly states.

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.

Airline Const. v. Ascension Parish School Board

568 So. 2d 1029 · Supreme Court of Louisiana · Oct 22, 1990

By the 1974 state constitution, a governmental entity is not immune "from suit and liability in contract or for injury to person or property". Art. 12, Section 10. … The issue of whether an unsuccessful bidder ever has a cause of action for damages against the public body was not before the court in the Haughton Elevator case, and the language in footnote 8 is clearly dictum.

Dandridge v. Jefferson Parish School Board

332 F. Supp. 590 · District Court, E.D. Louisiana · Aug 13, 1971

More importantly, the plan should establish a genuinely unitary school system that will be realistic and effective. … In other words, suburban school boards are not immunized from the responsibilities of the Fourteenth Amendment even though it means facing problems that have long beset the adjacent central city.

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.

Sandifer v. Administrator, Department of Employment Security

222 So. 2d 587 · Louisiana Court of Appeal · Apr 29, 1969

Article 6A (2) of the labor agreement under which she was employed clearly established the compulsory nature of this leave of absence wherein it provides, ‘If the employee fails to request such a leave, the Company shall … The agreement between the employer and the employee clearly contemplates a return to a duty status, and, in fact, creates a legal right on the part of Mrs.

DeVILLE v. Pearce

977 So. 2d 310 · Louisiana Court of Appeal · Jan 30, 2008

Ordinarily, for a plaintiff to meet his burden of proof, "opinions of expert witnesses who are members of the medical profession and who are qualified to testify on the subject are necessary to determine whether or not physicians … Thus, the filing was clearly not timely under either La.Code Civ.P. art. 966(B) or Uniform Rules of the District Courts Rule 9.9.

Holstein v. Guss

143 La. 6 · Supreme Court of Louisiana · Feb 25, 1918

Holstein, deceased,” and Guss, having qualified by taking the oath, etc. … The office of assessor, being of statutory creation, is clearly within the terms of the proviso of article 71 of the Constitution, which reserves to the General Assembly ‘‘the right to prescribe the mode of appointment or

Mallard Bay Drilling, Inc. v. Kennedy

914 So. 2d 533 · Supreme Court of Louisiana · Jun 29, 2005

A taxpayer must clearly, unequivocally, and affirmatively establish his entitlement to a tax exemption provided by law. Archer Daniels, 01-0511 at p. 11, 802 So.2d at 1278 . … For a taxpayer to qualify for this exemption, the taxpayer must establish each of these statutory elements: (1) he is an owner or operator of a ship or vessel purchasing materials or supplies; (2) the materials or supplies

Justin Fabre v. M.A. Patout & Son Limited

Louisiana Court of Appeal · May 27, 2026

Further, an immunity statute, such as La.R.S. 23:1061, “must be strictly construed against the party claiming the immunity.” See Fleming v. … Given the strict construction afforded immunity statutes, Plaintiffs argue, the Indemnity Agreement is insufficient to establish a prima facie case of statutory employer status.