Case law

Coleman v. Fire Ins. Patrol

122 La. 626 · Supreme Court of Louisiana · Nov 16, 1908

ner as is, or may, hereafter, be provided for the violation of the rights of the fire department” —the preceding section (4), which authorizes the association to maintain and use its apparatus, etc., contains the clause (qualifying … expressed by the Supreme Court of Massachusetts, and, holding that defendant is not a charitable organization, find it unnecessary to go further and consider the question whether, if it could be so regarded, it would be immune

Simmons v. Simmons

649 So. 2d 799 · Louisiana Court of Appeal · Jan 25, 1995

Near the end of 1992, he and the minors established their residence in Ouachita Parish, Louisiana, near his relatives. … By relocating closer to his own family, he has clearly established a more secure environment for the youngsters.

Cantrelle v. Huntington Ingalls Inc

District Court, E.D. Louisiana · Apr 29, 2025

A federal defense may be “colorable” even if it is not “clearly sustainable”; in order to remove the defendant need not “win his 7 case” as to his … Mindful that Avondale is not being sued over the warnings that it did give or the protection measures that it did provide pursuant to its government contracts, i.e., decisions that clearly were part of the government’

Allied Oil Workers Union v. Ethyl Corp.

218 F. Supp. 438 · District Court, E.D. Louisiana · Jul 5, 1963

The union contends that the mere fact that the company did not attempt to draft employees for overtime work between 1956 and 1958 clearly establishes the fact that both the company and the union recognized that no such right … It sets forth the manner in which overtime work, when available, will be distributed among the qualified employees. These provisions pertain to voluntary overtime work only.

Salard v. Jim Walter Homes, Inc.

563 So. 2d 1327 · Louisiana Court of Appeal · Jun 27, 1990

The record clearly does not support a finding that the structure was totally unfit for its original intended purpose. … The evidence establishes that, under the conditions set out in Hickman , these individuals qualified as independent contractors.

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.

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.

State v. Schmidt

771 So. 2d 131 · Louisiana Court of Appeal · Jul 26, 2000

Defendant implied that Bryan informed one of his attorneys that she would not testify unless the State granted her immunity from prosecution. … Clearly, the trial court carefully considered the sentence for some time before pronouncing it.

State v. Breedlove

199 La. 965 · Supreme Court of Louisiana · Dec 1, 1941

The article is merely a restatement of the rules which were well established at the time when the Code was adopted — thus: “353. … In reconciling the ruling that Millican was a qualified juror in the Addison case, with the ruling that Robertson was not a qualified juror in the Joiner case, the court said in the latter case: “While the court held the

Felice v. Valleylab, Inc.

520 So. 2d 920 · Louisiana Court of Appeal · Nov 4, 1987

Knapp, complaining that these witnesses were not properly qualified to offer their opinion testimony as to how the injury occurred. We disagree. Dr. … It also follows that in our appellate review of the facts found by the jury and the facts found by the trial judge the applicable rule will be the well established test of whether the trier of fact was clearly wrong."

State v. Mays

612 So. 2d 1040 · Louisiana Court of Appeal · Jan 20, 1993

The testimony established that about one minute passed between the shooting and Grant's question to the defendant. … The evidence in the record, viewed in the light most favorable to the prosecution, clearly establishes the defendant's guilt beyond a reasonable doubt. Consequently, this assignment of error has no merit.

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 . . . .”

Bolton v. Louisiana St. U. Med. Center

601 So. 2d 677 · Louisiana Court of Appeal · May 13, 1992

Kottle qualifies as a fellow of the prestigious American College of Physicians. … Quite clearly, then, we cannot say that the trial court erred in favoring his opinion.

In Re Noe

958 So. 2d 617 · Supreme Court of Louisiana · May 22, 2007

Noe, Nurse Hahn is clearly a solidary obligor with Dr. Hill. … Neither of those cases clearly distinguish between suspension of prescription and interruption of prescription.

In Re Vioxx Products

489 F. Supp. 2d 587 · District Court, E.D. Louisiana · May 30, 2007

Graham is qualified to testify as to the existence of a thrombus and its role in Mr. Irvin's death. He just is not qualified to testify that Vioxx can cause a thrombus and did cause Mr. Irvin's thrombus. … Rayburn clearly misrepresented his certification status to both this Court and to the jury. Moreover, Dr.

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.

Ponder v. Fussell

180 So. 2d 413 · Louisiana Court of Appeal · Nov 16, 1965

Our learned colleague below was of the opinion the encroachment of the residence on only a portion of defendant's lot would not suffice to qualify as a boundary between the two estates. … On this ground he concluded plaintiff failed to establish the essential requirement of possession to a "visible boundary" as required by Sessum v.

Foley v. Entergy Louisiana, Inc.

946 So. 2d 144 · Supreme Court of Louisiana · Nov 29, 2006

to establish liability on the part of Entergy. … This finding is not clearly wrong.

State v. Romero

533 So. 2d 1264 · Louisiana Court of Appeal · Nov 9, 1988

Assignments 5 & 6 Defendants contend the trial court erred in qualifying Henry Rothschild, M.D., as an expert witness in general medicine and in permitting Dr. … A witness qualified as an expert in general medicine expressed his opinion, based on records seized from defendants' offices, that the office visits noted in the records were too cursory to qualify as comprehensive.

International Offshore Services, LLC v. Linear Controls Operating, Inc.

122 F. Supp. 3d 528 · District Court, E.D. Louisiana · Aug 12, 2015

Thus, the policy clearly defines when a party other than the one named on the Declarations page qualifies as a Named Insured under the policy, and the phrase “any other person or organization qualifying as a Named Insured … The "21” is clearly a typographical error inverting tire "2” and "1” for 2012, because the policy period was October 16, 2011 to October 16, 2012. .