Case law

Joe Oliver v. Magnolia Clinic

Louisiana Court of Appeal · Aug 31, 2011

Additionally, in some cases, “a Plaintiff’s right to recover damages at all is barred by legislative grants of immunity from suit.” See La. R.S. 9:2795. … This burden, as was clearly set forth in Sibley, rests with the State.

Ristroph v. Public Facilities Authority

943 So. 2d 492 · Louisiana Court of Appeal · Sep 14, 2006

By Resolution dated May 18, 2006, the Louisiana State Bond Commission (Bond Commission) granted final approval to the issuance of the bonds and designated the bonds as "qualified Gulf Opportunity Zone Bonds." … Lege is clearly factually distinguishable. In Lege the Third Circuit did not dismiss the case for failure to follow the requirements of L.R.S. 13:5125 in obtaining the court order and publishing the notice.

State v. Flowers

509 So. 2d 588 · Louisiana Court of Appeal · May 1, 1987

Alvaro Hunt, pathologist for the Jefferson Parish Coroner's Office, was also qualified as an expert at trial. He testified that he performed the autopsy of the victim. … A trial court's determination of the admission of gruesome photographs will not be disturbed on appeal unless the prejudicial effect of the photographs clearly outweighs the probative value. State v.

State of Louisiana v. Carlos Dewayne Wade

Louisiana Court of Appeal · Jan 15, 2020

In that writ order, it was determined that Wade qualified for application of the 2001 ameliorative provisions of La. R.S. 15:529.1. … Thus, the legislature “clearly stated its intent to diminish the penalties for certain habitual offenders, but equally clearly stated its intent not to reopen or relitigate cases that arose before the effective date.”

Jackson v. Winn Dixie Stores, Inc.

439 So. 2d 1147 · Louisiana Court of Appeal · Oct 6, 1983

Plaintiffs' burden is to establish by a preponderance of evidence that the meat was in a deleterious condition when purchased and caused their illnesses. English v. … Brobson Lutz, an eminently qualified expert in internal medicine with expertise in public health and infectious diseases. [1] Dr.

Mooers v. Sosa

798 So. 2d 200 · Louisiana Court of Appeal · Sep 25, 2001

Accordingly, the defendant's argument with regard to this issue is without merit. *206 The defendant contends that even if the affidavit were sufficient to qualify as an enforceable contract for the sale of immovable property … Furthermore, even if it had been established that Mr.

In Re Succession of Jones

8 La.App. 3 Cir. 1088 · Louisiana Court of Appeal · Mar 4, 2009

An existing marriage qualifies as such an impediment. La.Civ.Code art. 88. … With regard to the search for a divorce judgment, Harriett clearly established that she and David were married a second time on April 12, 1978, and that she remained domiciled in Harris County, Texas, from that day forward

Anyanwu v. State of Louisiana

District Court, M.D. Louisiana · Jul 31, 2020

To state a claim for discriminatory discharge, Plaintiff must establish that she: (1) is a member of a protected class; (2) was subjected to an adverse employment action; (3) was qualified for her position; and (4) was … The Court finds that Plaintiff has failed to plead sufficient details to establish a claim for discriminatory discharge. 3.

Broussard v. Andersson

921 So. 2d 128 · Louisiana Court of Appeal · Nov 30, 2005

whether a physician possesses the requisite degree of knowledge or skill or whether he exercised reasonable care or diligence, the court is guided by expert witnesses who are members of the medical profession and who are qualified … He clearly recognized that this condition was outside the realm of his specialty.

Yuspeh v. Koch

840 So. 2d 41 · Louisiana Court of Appeal · Mar 24, 2003

Clearly Boudreaux had serious reservations about the propriety of the Kochs' actions. … Despite testimony that each man was emotionally devastated by the merger, the rest of the evidence clearly shows that their interest in CSS was financial and that their loss was financial. [7] The evidence clearly shows that

Rodney v. Crown Zellerbach Corp.

470 So. 2d 538 · Louisiana Court of Appeal · May 29, 1985

Thus, the trial court's determination that the plaintiff suffered a work related injury is clearly correct. … In the instant case, plaintiff's educational background and mental ability is such that he might not ordinarily qualify as an odd-lot worker.

State v. Washington

606 So. 2d 838 · Louisiana Court of Appeal · Sep 23, 1992

The record clearly indicates that the prosecutor objected contemporaneously to the challenged questioning. Furthermore, a new basis for an objection cannot be raised for the first time on appeal. State v. … 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

State of Louisiana v. Sean Bernard Newton

Louisiana Court of Appeal · Feb 13, 2013

Defendant argues in brief that ―[t]he fact that Joshua Lambert exculpated Sean Newton in a police interview with Officer Chatham [sic] is clearly a Brady violation. … Defendant asserts that Watson ―clearly believed that he would receive immunity in exchange for his testimony.‖ Defendant asserts had he known about this inducement, ―defense investigators could have investigated Watson‘

Moody v. Walker

District Court, E.D. Louisiana · Aug 5, 2021

Mayor Baudier and the City of Harahan’s Motion to Dismiss With the exception of Chief Walker’s assertion of qualified immunity, the Motion to Dismiss filed by Mayor Baudier and the City of Harahan (“the “City … “When a defendant asserts qualified immunity, the plaintiff bears the burden of pleading facts that demonstrate liability and defeat immunity.

Gobert v. Aetna Casualty & Surety Co.

509 So. 2d 544 · Louisiana Court of Appeal · Apr 8, 1987

It is well established that positive findings of medical experts are to be afforded greater weight than negative findings as to the existence or not of a particular condition. Alexander v. … An odd-lot claimant need not be absolutely helpless to qualify for total disability status.

Bujol v. Entergy Services, Inc.

922 So. 2d 1113 · Supreme Court of Louisiana · Mar 10, 2006

Because we have this duty, we must determine whether the verdict was clearly wrong based on the evidence, or clearly without evidentiary support. Id. … that the finding is clearly wrong (manifestly erroneous).

State v. Rains

12 La.App. 3 Cir. 615 · Louisiana Court of Appeal · Nov 7, 2012

Jay [Piland] was qualified as an expert in forensic psychology where he only took [an] eight (8) hour online course. [22. … Piland was qualified to serve as a member of that sanity commission.

Union Bank v. Baudin

598 So. 2d 689 · Louisiana Court of Appeal · Apr 16, 1992

Nevertheless, the intention to dedicate must be clearly established. Banta v. Federal Land Bank of New Orleans, 200 So.2d 107 (La.App. 1 Cir.1967), writ denied, 251 La. 46 , 202 So.2d 657 (La.1967). … Our Louisiana Supreme Court qualified that holding of Conrad in Garrett v. Pioneer Corp., supra.

Haws v. Professional Sewer Rehabilitation, Inc.

98 La.App. 1 Cir. 2846 · Louisiana Court of Appeal · Feb 18, 2000

Factual findings in a workers' compensation case are subject to the manifest error or clearly wrong standard of appellate review. Banks v. … The primary burden is to establish an injury was sustained as a result of an accident occurring in the course and scope of employment. LSA-R.S. 23:1031.

Moody v. Jefferson Parish School Board

803 F. Supp. 1158 · District Court, E.D. Louisiana · Oct 5, 1992

The court set forth the burden of proof that § 1981 plaintiffs must carry: [I]t is now well-established that in order to assert a claim based upon unconstitutional racial discrimination a party must not only allege and prove … has submitted no evidence indicating that defendants acted with an intent to discriminate on the basis of race, plaintiffs discrimination claims are without substantiation____ In such a circumstance, summary judgment is clearly