Case law

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. Guillory

502 So. 2d 258 · Louisiana Court of Appeal · Feb 4, 1987

Such a determination is within the sound discretion of the trial court and, like all questions of fact, is entitled to great weight and will not be disturbed unless clearly contrary to the evidence. State v. … The defendant objected on the basis that Folds was not qualified as a custodian of the report.

State v. Tanner

446 So. 2d 370 · Louisiana Court of Appeal · Feb 1, 1984

However, the regulations on the machines’ use and maintenance were clearly intended to be applicable only to the machine for which they were written. … Rather it was because the Department of Public Safety at that date had not established sufficient criteria to insure the reliability of the spot-check of the P.E.I. ampuls and because the State did not establish the qualifications

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.

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.

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.

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.

State v. McCoy

395 So. 2d 319 · Supreme Court of Louisiana · Nov 10, 1980

Nevertheless, the constitutionally deficient provisions of Section B are clearly severable. [6] While the language of Section B effects an unconstitutional shift of burden of proof, the remainder of the statute is valid, … Crosby, 338 So.2d 584 (La.1976), the court recognized the discretion of the trial court to accept a qualified guilty plea reserving the right to seek review of specified pre-plea rulings of the trial court.

State v. Batiste

669 So. 2d 553 · Louisiana Court of Appeal · Jan 31, 1996

They thereafter immediately established their matrimonial domicile in San Antonio, Texas. The couple had one child, Misty, born December 6, 1970. In June of 1972, Ms. … These clearly do not qualify as child support. We therefore remand this case for the sole purpose of allowing Mr. Batiste an opportunity to prove that Ms. High received any of the support he allegedly mailed.

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.

Toston v. St. Francis Medical Center, Inc.

178 So. 3d 1084 · Louisiana Court of Appeal · Oct 14, 2015

A court of appeal may not . set aside a trial court’s or jury’s finding, of fact in the absence of manifest error or unless clearly wrong. … that the factfinder is clearly wrong or manifestly erroneous.

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.”

Bethea v. La. Dept. of Transp. & Development

415 So. 2d 535 · Louisiana Court of Appeal · May 25, 1982

The plaintiffs have clearly shown that the trial court's conclusion concerning DOTD's negligence was correct. … Here, the trier of fact specifically rejected the defense of intoxication, saying: ... the evidence is clear that the blood sample was taken by one who was not qualified to do it.... and ... the court feels that it has not

Bodden v. Moore

District Court, E.D. Louisiana · Apr 21, 2025

A legally sufficient complaint must establish more than a “sheer possibility” that the party’s claim is true. See Iqbal, 556 U.S. at 678. … immunities that can be claimed” are “forms of sovereign immunity”).

Morrison v. New Hampshire Insurance Company

249 La. 546 · Supreme Court of Louisiana · Jun 6, 1966

The Court of Appeal has clearly stated the facts leading to the institution of the instant proceeding as follows: “Defendant is a New Hampshire corporation authorized to write fire policies *551 in Mississippi; Giadrosich … Those restrictions are more than a guarantee of' immunity from inconvenient or distant litigation. They are a consequence of' territorial limitations on the power of' the respective States.

CHF Finance Discount "A" Co. v. Hall

249 So. 2d 217 · Louisiana Court of Appeal · Jun 7, 1971

The record clearly shows that there are several debts and obligations of the defendant which were in existence at that time, but which were not included on his financial statement. … If it were otherwise, a creditor could easily make its credit or loan immune from discharge in bankruptcy by the simple expedient of closing its eyes to what is obviously not true, and easily detected.”

Tenneco Oil Co. v. Chicago Bridge & Iron Co.

495 So. 2d 1317 · Louisiana Court of Appeal · Dec 5, 1986

The evidence clearly supports this claim. … The evidence clearly supports this claim.