Case law

Wright v. Hirsch

572 So. 2d 783 · Louisiana Court of Appeal · Dec 20, 1990

Wright, was qualified as an expert in general surgery. … Qualifying his contention, Dr.

Mathew Whitehead v. Christus Health Central Louisiana

Louisiana Court of Appeal · Jun 8, 2022

Brown, and Sound Physicians all submitted proof that they qualify for coverage as a private health care providers under the Louisiana Medical Malpractice Act. … As Plaintiffs note in their brief, the law has established that the meaning of the words “gross negligence,” “willful” and “intentional” apply the same. This court in Bryant v.

D'Amico v. City of Baton Rouge

620 So. 2d 1199 · Louisiana Court of Appeal · May 28, 1993

The legislature shall establish uniform statewide office hours for clerks of the district courts. … The term agency is used in describing those bodies created or established by governing authorities of a parish or municipality. Brasseauxv.

Baker v. State, Dept. of Health & Human Resources

2005 La.App. 3 Cir. 808 · Louisiana Court of Appeal · Feb 1, 2006

The trial |4court found that Article 704 applies to expert witnesses and that it did not apply to Sanders, who was not qualified as an expert. We also agree. … Pursuant to the well-established law, we will not set aside a jury’s finding of fact in the absence of manifest error or unless it is clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989).

Taylor v. Cain

649 F. Supp. 2d 460 · District Court, E.D. Louisiana · Jun 9, 2009

The focus of the latter inquiry is on whether the state court’s application of clearly established federal law is objectively unreasonable, and we stressed in Williams [v. … The Mattheson court clearly stated that the Sixth Amendment of the United States Constitution and section 16 of article 1 the Louisiana Constitution do not support a claim for defense witness immunity.

State v. Nelson

25 So. 3d 905 · Louisiana Court of Appeal · Oct 28, 2009

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 *910 beyond … The “Blockburger test,” established by the United States Supreme Court in Blockburger v.

Sutherland v. Orleans Parish Sheriff's Office

District Court, E.D. Louisiana · Mar 11, 2020

They insist that his allegedly “forced” retirement is not an adverse employment action because he cannot establish that it qualifies as a constructive discharge. Brown v. … Thus, the court found that the sheriff in question “qualifies as an employer for Title VII purposes.”

Doyle v. Division No. 1127 of Amalgamated Ass'n of Street, Electric Ry. & Motor Coach Employees of America

76 F. Supp. 655 · District Court, W.D. Louisiana · Apr 29, 1947

It has been proved clearly that the camp-shuttle operations were apart, separate and distinct, from the more exacting inter-city transportation. … There is another type of co-complain.ant — not ex-service men, who are seeking to be given preference without ever having .qualified as inter-city drivers.

MEDICAL REVIEW PANEL v. Meadowcrest Hosp.

858 So. 2d 99 · Louisiana Court of Appeal · Sep 17, 2003

MMA provides that "[n]o action against a health care provider covered by this Part, or his insurer, may be commenced in any court before the claimant's proposed complaint has been *104 presented to a medical review panel established … If emergency room physicians can be deemed to be employees of a hospital despite contracts providing that they are independent contractors, then nurses working under contract with a hospital can clearly be deemed to be employees

Armstrong v. Land & Marine Applicators, Inc.

463 So. 2d 1331 · Louisiana Court of Appeal · Nov 13, 1984

provided, that as to the question of the liability as between the employer and the insurer the terms of the insurance contract shall govern, and provide, further, that a contract of indemnity may be issued to an employer *1335 qualified … Consequently, we pretermit the question of the viability of the 36 month provision in the context of admiralty law until such time plaintiff's seaman status is established.

Odom v. International Paper Co.

736 So. 2d 290 · Louisiana Court of Appeal · May 5, 1999

Factual findings in workers' compensation cases are subject to the manifest error or clearly wrong standard of appellate review. Banks v. … The testimony also establishes that Richards used some degree of force or pressure on Odom's arm in an attempt to redirect claimant to his work station.

Adams v. Louisiana Department of Corrections

District Court, M.D. Louisiana · Sep 24, 2024

They assert summary judgment is warranted because Howard is entitled to qualified immunity.72 The qualified immunity defense operates to protect public officials who are performing discretionary … If proven, Plaintiff’s right to be sheltered from violence was violated, and this right was clearly established at the time of the violation.

Collins v. Walker

215 F. Supp. 805 · District Court, E.D. Louisiana · Mar 29, 1963

The fact is, and the evidence clearly establishes, that the confession was freely and voluntarily given by petitioner and signed freely and voluntarily by him. There is no evidence to the contrary. … The evidence clearly establishes that this petitioner was able to understand the import of the confession, and that he was able to understand and differentiate right from wrong.

Plaquemines Parish v. Riverwood Production Company, Inc.

District Court, E.D. Louisiana · Jan 11, 2022

Immunity Defendants’ immunity defense rests on three possible theories. Under the first, defendants have immunity under Boyle v. … established” such that no permit was required under the SLCRMA.

Cormier v. Comeaux

748 So. 2d 1123 · Supreme Court of Louisiana · Jul 7, 1999

that the finding is clearly wrong (manifestly erroneous). … The court held that failure to reconstruct the highway to meet modern standards did not establish the existence of a defect.

Lestage v. Harris

261 So. 3d 12 · Louisiana Court of Appeal · Nov 8, 2018

The City Charter of the City of DeRidder clearly establishes a continuing obligation on a council member at-large to maintain his domicile in, and actually reside in, the City of DeRidder. Although Mr. … Further, a change in domicile for the purposes of qualifying for public office occurs when there is a change in actual residence accompanied by an intention to make a new principal establishment or home.

Filipski v. Imperial Fire & Casualty Insurance

8 La.App. 3 Cir. 431 · Louisiana Court of Appeal · Apr 8, 2009

Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. … Furthermore: Whether UM coverage was offered or validly rejected is relevant only if the claimant has qualified as a liability insured...

Porter v. Conway

181 La. 487 · Supreme Court of Louisiana · Dec 5, 1934

But clearly it would have been to the interest of the party cast below to appeal immediately. … *Page 529 Wherefore, we are of the opinion that relator has established his right to have this court invoke its supervisory jurisdiction and grant the remedial writs.

Lastrapes v. CNA Ins. Co.

401 So. 2d 658 · Louisiana Court of Appeal · Jun 30, 1981

An odd lot claimant need not be absolutely helpless to qualify for total disability. … Clearly, she is not.

Kennedy v. Electricians Pension Plan

755 F. Supp. 700 · District Court, M.D. Louisiana · Jan 17, 1991

This action has been filed timely. (5) The Decision of the Trustee As noted, it is now undisputed that plaintiff qualifies in every respect for prior service credit. … Their inter *708 pretation is, nevertheless, absolutely and clearly wrong.