Case law

Julien v. Kaplan City Police

District Court, W.D. Louisiana · Jun 22, 2023

To prevail on an excessive force claim, Plaintiff must show an injury that resulted directly and only from a clearly excessive use of force, and the excessiveness of which was clearly unreasonable. Trammell v. … He should provide, if available, court minutes to establish whether any probable cause determinations were made with respect to the arrest of which he complains.

Lassen v. Caruso

578 So. 2d 940 · Louisiana Court of Appeal · Mar 28, 1991

As stated in Fulton, state or county tax officials will be liable for damages under civil rights statute only if they violate plaintiff’s clearly established constitutional rights. … Plaintiff has no clearly established constitutional right which has been violated.

State v. Francois

844 So. 2d 1042 · Louisiana Court of Appeal · Apr 9, 2003

Kemp clearly possessed the heroin that they were found packaging. The narrow issue is whether the state established the specific intent to distribute it. … As to the fourth factor, neither of the detectives who testified for the state was qualified as an expert; rather, they both testified based on their experience as narcotics officers.

Filmore Parc Apartments II v. Foster

2016 La.App. 4 Cir. 0568 · Louisiana Court of Appeal · Feb 15, 2017

“‘Exemptions from taxation are strictly construed, an exemption being an exceptional privilege which must be clearly and unequivocably and affirmatively established.’” Abundance Square Associates, L.P. v. … All of the housing units were required to be operated as “ ‘qualified low-income units’ under Section 42 of the U.S. Internal Revenue Code.” Id., 10-0324,p. 3, 62 So.3d at 263 .

Hassen v. Professional Investors Life Insurance Co.

503 So. 2d 1030 · Louisiana Court of Appeal · Feb 25, 1987

Nothing in the record indicates that the insurer made any attempt to qualify, withdraw or negate its admission. … The admitted fact that the policy had not been cancelled as of May 14, 1985, must be deemed conclusively established. CCP Art. 1468.

Stonetrust Commercial Insurance Company v. TBT Contracting, Inc. of LA

Louisiana Court of Appeal · Jun 20, 2023

Thompson' s affidavit, establish that it was the statutory employer of Mr. Andras under the two -contract theory and is thus statutorily immune from tort liability. … These undisputed facts clearly show that TBT was the statutory employer of Mr. Andrus. See La. 23: 1061( A)( 1)( 2); Allen v. State ex rel. Ernest N.

Hingle v. Plaquemines Oil Sales Corp.

399 So. 2d 646 · Louisiana Court of Appeal · May 22, 1981

`Manifestly erroneous,' in its simplest terms, means `clearly wrong.' We said then, that the appellate court should not disturb such a finding of fact unless it is clearly wrong. … that the finding is not clearly wrong (manifestly erroneous)."

State v. Taylor

968 So. 2d 1135 · Louisiana Court of Appeal · Oct 24, 2007

After considering the arguments of counsel, the trial court refused to qualify Dr. … 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

M. Hayes & Associates Realty v. Moliere

982 So. 2d 173 · Louisiana Court of Appeal · Mar 11, 2008

However, because of the representations and offers made by Moliere and/or AME — which representations were clearly fraudulent — MH & A bypassed those other opportunities and sustained significant economic loss as a result … to contract with specificity, that Moliere, an AME corporate officer, committed the fraudulent acts, and that Moliere's fraudulent acts could not, by law, be authorized by AME such as to provide him with immunity from suit

Thibodeaux v. Comeaux

11 La.App. 3 Cir. 127 · Louisiana Court of Appeal · Jun 15, 2011

Kelley Seale Adamson was qualified as an expert in civil engineering with an emphasis on structures and in accident reconstruction, and the parties stipulated that Dean Tekell Jr. is an expert in highway design with an emphasis … Under this standard, “an appellate court may not disturb a [trial court’s] finding of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous

Reichert v. State, Dept. of Transp. and Development

694 So. 2d 193 · Supreme Court of Louisiana · May 20, 1997

The extent to which certain documents are discoverable or admissible is clearly a procedural right. … This witness was not qualified as an expert in highway design, construction and maintenance.

Williams v. Nelson

263 So. 3d 466 · Louisiana Court of Appeal · Dec 19, 2018

The inspector recommended an evaluation by a qualified licensed contractor. … Clearly, the letter does not state the Trustees had no knowledge regarding the condition of the property, but rather they had no knowledge of the defects plaintiffs claimed to uncover during their renovation project.

Comeaux v. City of Crowley

0 La.App. 3 Cir. 928 · Louisiana Court of Appeal · Dec 6, 2000

However', it is well established that the workers’ compensation act is remedial in nature. In order to effectuate the humane policies it reflects, the law is to be liberally construed in favor of the injured employee. … Our courts do not exist in a vacuum, immune to the realities of the real world.” Pinkins v. Cardinal Wholesale Supply, Inc., 619 So.2d 52 (La.1993).

Dupin v. Chambley

94 La.App. 3 Cir. 345 · Louisiana Court of Appeal · Nov 23, 1994

We are unable to say the jury clearly erred when, after hearing all the evidence and observing the demeanor of each of the witnesses, it concluded that plaintiffs did not establish their case. … LSA-R.S. 13:4521 requires that a dollar amount be established as to costs for which LIGA may be required to pay.

State v. Taylor

12 La.App. 5 Cir. 25 · Louisiana Court of Appeal · Jun 28, 2012

Regarding the initial investigatory stop, we find that the record clearly reflects that defendant was stopped for a traffic violation. … At the trial of this matter on June 21, 2011, Aischa Prudhomme, of the Jefferson Parish Sheriffs Office Crime Laboratory, was qualified as an expert in the field of fingerprint identification.

Kristy Smith v. Jefferson Parish, et al.

District Court, E.D. Louisiana · Jul 21, 2026

immunity, that Defendant should be allowed to assert.16 The present Motion was set for submission on July 21, 2026, and as of the date of this Order and Reasons, no response by Plaintiff has been filed.17 … The Fifth Circuit has established a three-part test for determining whether to set aside an entry of default.18 When determining whether to set aside an entry of default, “the district court should consider whether

James J. Hartman, Jr. v. St. Bernard Parish Fire Department & Fara

Louisiana Court of Appeal · May 20, 2020

The employer countered it had statutory immunity from tort actions because the alleged hearing losses arose out of the course and scope of the plaintiffs’ employment. … Hartman that Arrant conclusively established that work-related gradual hearing loss claims may be compensable under the LWCA.

State Farm Fire & Casualty Insurance Co. v. Young

619 So. 2d 161 · Louisiana Court of Appeal · Jun 2, 1993

V, § 16 which validated the legislation establishing the hearing officer system. This amendment was held effective retroactive to the original effective date of the establishing legislation, January 1, 1990. Long v. … Highlands Insurance Co., 590 So.2d 1177 (La.1991), the court concluded that an action to enforce a worker’s compensation judgment filed on April 16, 1989, did not qualify as a “claim” as that term is intended under the Worker

In Re: Interdiction of Stephanie R. Dehoog Vs.

Louisiana Court of Appeal · Feb 24, 2026

Eleanor’s testimony demonstrates that she is clearly concerned for her mother’s welfare. … DeHoog, it is unclear whether Eleanor would be legally qualified under La. C.C.P. art. 4561.

McGough v. Oakwood Mobile Homes, Inc.

779 So. 2d 793 · Louisiana Court of Appeal · Nov 1, 2000

Q: I thought you just testified that she qualified for an Oakwood home? A: That's correct. Q: Then why did you show her a River Valley home? … that the finding is clearly or manifestly wrong.