Case law

Angie Hebert v. Clarendon American Ins. Co.

Louisiana Court of Appeal · Jun 4, 2008

That being the case, we decline to ignore the established law and grant Ms. Hebert the relief she requests on this basis. Ms. … Thus, they did not qualify as “third persons” because they were not legally liable to pay the employee damages because of his work-related automobile accident.

Fontenot v. John I. Hay Co.

228 La. 1031 · Supreme Court of Louisiana · Dec 12, 1955

Shadows must not be mistaken for substance when we consider a claim of immunity from taxation. … In the instant case, the right to tax is clearly manifest. For the reasons assigned, the judgment of the trial court is affirmed.

Spitzfaden v. Daigle Welding Service, Inc.

607 So. 2d 951 · Louisiana Court of Appeal · Oct 29, 1992

Breeden also stated that a “borrowed servant” would clearly be covered by the alternate employer endorsement. Mr. … The testimony established that plaintiff got all of his orders directly from the Daigle tool pusher, who was the crew foreman.

State v. Sosa

892 So. 2d 633 · Louisiana Court of Appeal · Dec 28, 2004

Dennis Guidry, an investigator with the Jefferson Parish Arson Investigation Unit who qualified as an expert in the field of cause and origin of fires, testified for the State. … Richardson further challenged the accelerant theory on the lack of accelerant collected from the scene. *640 The record clearly establishes the experts disagreed as to whether this was an intentionally set fire.

State v. Jackson

2001 La.App. 4 Cir. 1268 · Louisiana Court of Appeal · Feb 6, 2002

Crosby, 338 So.2d 584 (La.1976), the Louisiana Supreme Court permitted defendants to enter into qualified or conditioned guilty pleas which reserved defendants’ right to appellate review of alleged pre-plea errors. … Clearly, as evidenced by entering the plea under State v.

Goodliffe v. Parish Anesthesia Associates

663 So. 2d 769 · Louisiana Court of Appeal · Oct 18, 1995

that the finding is not clearly wrong." … Fischer was qualified to testify on behalf of plaintiff. Defendants also contend that either Dr.

Gulf States Utilities Co. v. Callahan

65 So. 2d 608 · Louisiana Court of Appeal · May 12, 1953

It therefore qualified under LSA-R.S. 19, Section 2, as being a corporation authorized to expropriate private property for the purposes for which it exists. This question is not at issue here. … It also' establishes the fact that the remainder of the tract of land would not be depreciated to any measure.

Isom v. Louisiana Office of Juvenile Justice

District Court, M.D. Louisiana · Dec 3, 2021

In Louisiana, an entity “must qualify as a juridical person” to be capable of being sued.” Harris, 2019 □□□ 2617175, at *2 (citing Dejoie v. Medley, 945 So.2d 968, 972 (La. App. 2 Cir. 2006)). … When Congress has not established a limitations period for a federal claim, courts “borrow the most analogous period from state law.” Frame v. City of Arlington, 657 F.3d 215, 223 (5th Cir. 2011).

Leps v. Rgp

11 So. 3d 633 · Louisiana Court of Appeal · Jun 26, 2009

L.E.P.S., a school teacher, is clearly the more qualified parent in this regard. … In this case, the appointment of R.P. as "supervisor" does not qualify as the silver lining to an otherwise dark cloud.

Louisiana Ry. & Navigation Co. v. Sarpy

117 La. 156 · Supreme Court of Louisiana · Jun 4, 1906

These exceptions were clearly dilatory, and, in view of the agreement which contemplated an answer, were properly overruled. 3. … The trial judge excluded the testimony of several witnesses, called by the defendant to prove the value of the land, on the ground that they were not qualified to testify on that subject J. A.

State v. Gray

533 So. 2d 1242 · Louisiana Court of Appeal · Sep 30, 1988

Bias does not preclude a witness from being qualified as an expert. It may however be considered by the jury in deciding what weight to give to the testimony. … Moreover, considering Doten's detailed review of behavior traits in abused children, the statement at issue was neither abstract nor indirect because Doten's testimony clearly established the facts upon which his expert opinion

Isiah Cole Jr. and His Wife, Karen Cole v. New Orleans Emergency Medical Services, City of New Orleans, Dereck Blanchard, Nicholas Manning

Louisiana Court of Appeal · Mar 6, 2025

that the fact-finder is clearly wrong or manifestly erroneous.” … The court qualified him as an expert in geriatrics, a field for which he is not board-certified.

Parker v. Louisiana Department of Health

District Court, E.D. Louisiana · Dec 2, 2024

On September 1, 2023, the LDH determined that Plaintiff’s income exceeded the threshold for continued assistance as a Qualified Individual. … Under this provision, applicants are deemed “Qualified Individuals” if they would otherwise be qualified Medicare beneficiaries “but for the fact that their income exceeds the income level established by the State under

State v. Batson

108 La. 479 · Supreme Court of Louisiana · Jul 1, 1902

The document P 12 is a written contract between Ward Earle and a land company, which has no relevancy to the prosecution or the defense in this case, the sole purpose of the offer being to establish a comparison between the … Justice Wyley, as the organ of the court, saying: “It is true, American decisions are not uniform on the subject, but as the rule has been so clearly settled, and upon the highest authority, in England, we think it best to

McCarroll v. Central Louisiana Telephone

533 So. 2d 385 · Louisiana Court of Appeal · Oct 5, 1988

In addition, they alleged plaintiff did not qualify for termination pay because she voluntarily resigned. … Testimony elicited during the trial showed that Central/Continental had no established severance pay policy for its employees at the time of the Century acquisition.

Nissan Motor Corp. in U.S.A. v. Royal Nissan, Inc.

757 F. Supp. 736 · District Court, E.D. Louisiana · Mar 7, 1991

In late 1989, after conducting a Market Study of the Baton Rouge Metropolitan Market, Nissan determined that its competitive position was not what it should be and decided that a Nissan dealership should be established in … To this eleventh amendment immunity, the Supreme Court has carved an exception: state officials allegedly acting contrary to federal law may be prospectively enjoined from future action in federal court pursuant to section

Opinion Number

Louisiana Attorney General Reports · Oct 23, 2001

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haney Corp. v. Larpenter, 583 So.2d 867 (La.App. 1st Cir. 1991) writ denied. … In interpreting the above provision, we have consistently held that in order to qualify for an exemption under Section 21(B)(1)(a), the property must meet all four of the basic requirements set forth therein, to wit: 1.

Quatrevingt v. Landry

District Court, E.D. Louisiana · Aug 29, 2019

To be entitled to a preliminary injunction, the movant must “clearly” establish the following four elements: (1) a substantial likelihood that he will prevail … a state official in his official capacity unless that state has waived its sovereign immunity or Congress has clearly abrogated it.’”39 The Fifth Circuit has further noted that “Louisiana has not waived its sovereign immunity

Simmons v. Berry

748 So. 2d 473 · Louisiana Court of Appeal · Sep 3, 1999

A panelist shall have absolute immunity from civil liability for all communications, findings, opinions and conclusions made in the course and scope of duties prescribed by this Part. (Emphasis ours). … The amendment is clearly in conflict with Judge Hall's statement that expert opinion requires evaluation by the trier of fact.

Holland v. TG & Y. STORES

451 So. 2d 1317 · Louisiana Court of Appeal · Jun 26, 1984

An odd lot claimant need not be absolutely helpless to qualify for total disability. … The record as a whole clearly established that Mrs. Holland's pain does not "appreciably limit the types of work available" to her. Lattin, supra at 693 .