Case law

United States v. Bowen

969 F. Supp. 2d 546 · District Court, E.D. Louisiana · Sep 17, 2013

The known postings of Perricone, in particular, clearly establish this general criteria of creating such prejudice. b. … of immunity.

Bridges v. Brown Paper Mill Co.

28 So. 2d 76 · Louisiana Court of Appeal · Nov 25, 1946

established through the testimony of other witnesses. … As a corollary to this proposition, we state that it will be the purpose of this Court in future, as it has been in the past, to examine and consider the testimony of qualified medical experts as being fair, just and impartial

Slaughter v. East Baton Rouge Par. Sch. Bd.

432 So. 2d 905 · Louisiana Court of Appeal · Apr 5, 1983

Orleans Parish School Board, 214 So.2d 203 (La.App. 4th Cir.1968), the court set out when a transfer is considered a removal: "Our jurisprudence established that the transfer of a teacher from one position to another, by … Application of the above test from Rosenthal clearly indicates that plaintiff's transfer was not prohibited by the Tenure Act.

Glover v. Schuylkill Products Company

138 So. 2d 15 · Louisiana Court of Appeal · Jan 29, 1962

An action brought three months following demand upon the employer was held immune from attack on the ground of prematurity in Clark v. Forest Lumber Co., 9 La.App. 639 , 120 So. 88 . … Travelers Insurance Company, La.App., 125 So.2d 664 , cited and relied upon by plaintiff are clearly distinguishable from the case at bar.

State v. Rosiere

488 So. 2d 965 · Supreme Court of Louisiana · May 20, 1986

Finally, after being confronted with various discrepancies in his statements and being offered immunity, McFarland agreed to testify truthfully at defendant's trial. … In addition, since the suppressed evidence supports defendant's claim that the homicide was justifiable and contradicts portions of McFarland's testimony, it is clearly favorable to defendant.

Ivy v. V's Holding Co.

859 So. 2d 22 · Louisiana Court of Appeal · Jul 2, 2003

The claimant-employee bears the burden of establishing a causal link between the work accident and the claimed disability. … A trial court has great discretion in determining whether to qualify a witness as an expert, and such discretion will not be disturbed on appeal in the absence of manifest error. Lemaire v.

Eric A. Lannon v. Pherian, LLC

Louisiana Court of Appeal · Jul 14, 2025

Lannon] met all of the requisite formalities to qualify for an award of a [d]efault [j]udgment under La. … Lannon “met all of the requisite formalities to qualify for an award of a [d]efault [j]udgment under La. C.C.P. art. 1702, including, but not limited to, establishing a prima facie case with competent evidence.”

LaForge v. LaForge

649 So. 2d 151 · Louisiana Court of Appeal · Jan 25, 1995

CHILD SUPPORT The child support guidelines are set forth in LSA-R.S. 9:315, et seq., and are to be used in any proceeding to establish or modify child support. … Each is qualified as a co-driver of the truck owned by both. The *154 couple drives for the company of Vernon Sawyer and the checks are written in the name of Mr. LaForge only. Mrs.

STATE, DEPT. OF TRANSP. & DEV. v. Schwegmann Westside Expressway, Inc.

669 So. 2d 1172 · Supreme Court of Louisiana · Mar 1, 1996

that the finding is clearly wrong (manifestly erroneous). … More importantly, Schwegmann Westside refers to the trial testimony of three witnesses who were qualified as experts in the development of shopping centers and retail centers.

In Re Interdiction of Kiser

986 So. 2d 256 · Louisiana Court of Appeal · Jun 6, 2008

The record is devoid of any evidence establishing Ms. Kiser's means. Based on our review, we find the record fails to establish by clear and convincing evidence that Ms. … Additionally, the record fails to establish the cost of 24-hour supervision, or that Ms.

Clement v. Griffin

634 So. 2d 412 · Louisiana Court of Appeal · Mar 3, 1994

basis does not exist for the finding of the trial court, and 2) the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). … Nothing in the testimony cited by Goodyear proves that the trial judge was clearly wrong in qualifying Dr. Ehrlich as an expert in tire failure analysis. Although Dr.

State v. Drew

360 So. 2d 500 · Supreme Court of Louisiana · May 22, 1978

Each of these three jurors clearly indicated that they could serve as a fair and impartial juror in the instant case. … In any event, we find that both witnesses were properly qualified as experts in their respective fields.

Younce v. Pacific Gulf Marine, Inc.

893 So. 2d 909 · Louisiana Court of Appeal · Jan 25, 2005

As part of the union rules and the agreement with PGM, in order for a seaman to be qualified to work on a ship, the seaman had to be certified "fit for duty." … Further, the record clearly establishes that Younce failed to inform the physical examiner, Dr. K. Amusa, that he had recently been treated for neck injuries, and in fact had been discharged four days earlier.

Oliver v. Oliver

671 So. 2d 1081 · Louisiana Court of Appeal · Mar 27, 1996

Ida Poe, Regina's mother, was qualified as an expert in special education. … that the finding is clearly wrong (manifestly erroneous).

Opinion Number

Louisiana Attorney General Reports · Mar 19, 2001

The use of Mifeprex is assumed to require the same preventive measures as those taken prior to and during surgical abortion to prevent rhesus immunization. … Pediatric Use Safety and effectiveness in pediatric patients have not been established.

Porche v. Martin

177 So. 2d 288 · Louisiana Court of Appeal · Jul 1, 1965

Assuming arguendo, possession by said former owners to the aforementioned markers was established in the record before us and assuming further said markers were such as to qualify as a visible boundary, the western boundaries … The testimony clearly reveals there is no shortage whatsoever in the section, either of frontage or depth.

Ceaser v. Stiner

98 La.App. 3 Cir. 898 · Louisiana Court of Appeal · Dec 9, 1998

Fillmore’s prediction of additional radiating symptoms, the record still *615 does not establish that surgery is a necessary medical treatment. Mr. … Future medical expenses must be established with some degree of certainty and must be supported with medical testimony and estimation of probable costs.

State Ex Rel. Cyr v. Long

174 La. 169 · Supreme Court of Louisiana · Jan 22, 1932

But it is my deliberate conclusion that the law warrants and every material and moral interest of the state demand, that its courts should confine themselves to the business for which they were established and keep their … But if it is not a contested election matter, then it is clearly a matter of “removal from office.”

Lewis v. Friedman

District Court, E.D. Louisiana · Mar 18, 2025

Plaintiff seeks to estop certain defendants from asserting the defenses of absolute immunity, qualified immunity, and prescription. … Accordingly, even if this Court had authority to strike orders under Rule 12(f), which it does not, Plaintiff has failed to establish that any of the orders entered by the Magistrate Judges in this case were done so improperly

Miller v. Atlantic Richfield Co.

499 So. 2d 1095 · Louisiana Court of Appeal · Oct 8, 1986

From this Arco argues its tort immunity. … The lay testimony established that welders have to lift heavy objects routinely. We find that plaintiff laid a sufficient foundation for the admission of evidence concerning loss of future earnings.