Case law

Lavergne v. Chevron U.S.A., Inc.

782 F. Supp. 1163 · District Court, W.D. Louisiana · Sep 13, 1991

Analysis of Law and Facts Based ..pon the evidence as summarized above, the undersigned finds that the height of the seas varied between 4 feet and 8 feet, the preponderance of the evidence clearly establishing those perimeters … negligence on the part of any of the defendants named in this case. (3) Even if negligence against Chevron U.S.A., Inc. had been established, that defendant is immune from liability in tort to Randal J.

Powell v. Regional Transit Authority

695 So. 2d 1326 · Supreme Court of Louisiana · Jun 18, 1997

on the bus and that the bus driver should have seen the flashing lights on the police unit as she turned the corner, allocated five percent fault to Singleton and ninety-five percent fault to Officer Jones, plaintiff's immune … However, the private corporation was not mentioned in this record, which clearly established that Singleton was an employee of the RTA who was vicariously liable for her torts in the course and scope of employment. [10] There

Myers v. National Union Fire Ins. Co.

2009 La.App. 4 Cir. 1517 · Louisiana Court of Appeal · May 19, 2010

PHI presented evidence of other failed Bell rotor blades and qualified expert testimony attributing the accident and damages therefrom to the redhibitory defects from Bell’s production of the tail rotor parts. … Appellant Bell is clearly liable for the accident, but the Myers and PHI still have to prove their damages in the trial court.

West v. Wal-Mart Stores, Inc.

539 So. 2d 1258 · Louisiana Court of Appeal · Mar 15, 1989

The defendants argue that under these facts, Andrus did have reasonable cause to detain the Wests and hence, article 215's immunity should be applied. … The standard of appellate review of quantum awards is well established: Before a Court of Appeal can disturb a quantum award made by the Trial Court, the record must clearly reveal that the trier of fact abused its discretion

State v. Lanham

731 So. 2d 936 · Louisiana Court of Appeal · Mar 31, 1999

Clearly, a depiction of the accident scene is relevant and probative. Generally, once a foundation is established, the weight to be given the evidence is a question for the jury. Day, supra . … McCarter established that, even assuming that Mr.

Opinion Number

Louisiana Attorney General Reports · Mar 30, 2009

The statute also provides that for certain parishes, the charge shall only be imposed after the question of its imposition has been submitted to the qualified electors of the parish. … The second ordinance in question proposes to establish a mosquito control service fee of $1 per month.

Bowie v. International Indemnity Co.

98 La.App. 3 Cir. 1630 · Louisiana Court of Appeal · Mar 24, 1999

Clearly, the award of general damages bears a reasonable relationship to the element of the proved damages. … Freeman, 97-604 (La.App. 3 Cir. 10/29/97) ; 702 So.2d 1140 , writ denied, 97-2984 (La.12/10/97); 704 So.2d 1176 . jfiln the instant case, it is established that Mr.

Eddy Oliver, Oscarlene Nixon, and Mildred Goodwin v. Orleans Parish School Board

156 So. 3d 596 · Supreme Court of Louisiana · Oct 31, 2014

Moreover, the UTNO-OPSB settlement agreement and the Oliver litigation clearly involve entirely separate claims. … As found by the trial court, “rather than honoring the vested property interest held by experienced teachers qualified under Louisiana’s standard, the State conducted a nationwide teacher search to fill vacancies with the

Paul Hellmers, Edward Poole, Jay Fielding & Michael Salvaggio v. Department of Fire

Louisiana Court of Appeal · Nov 10, 2021

As such, the matter was remanded with the “instruction that the Commission remedy the constitutional violations by ordering the promotion of the qualified applicants… .” … First, the review by appellate courts of the factual findings in a civil service case is governed by the manifest error or clearly erroneous standard.

Tennessee Gas Transmission Co. v. Bayles

74 F. Supp. 258 · District Court, W.D. Louisiana · Nov 6, 1947

Those engaged in and experienced in the business, and who are best qualified to determine methods of construction, have testified in affidavits, that it would be dangerous to place these pipe lines closer together than 50 … Contracts with other land owners have no relevancj^ here unless and until facts are alleged, which clearly establish fraud or error.

Hays v. State of Louisiana

862 F. Supp. 119 · District Court, W.D. Louisiana · Jul 29, 1994

The Red River valley theory is clearly a post hoc rationalization similar to the Mississippi River theory offered to support Act 42 and equally unbelievable. … What the defense failed to establish is where the Civil Rights Act of 1964 and the Voting Rights Act of 1965 have failed to accomplish what the State now sets out to do.

Ogbebor v. Hardy

District Court, W.D. Louisiana · Jul 7, 2025

warrant in lieu of a “proper bench warrant, absent any evidence of flight or due process notice, constituted judicial overreach and violated Plaintiff’s clearly established constitutional rights.” Id. … It is well established that judges enjoy absolute immunity from liability for damages arising out of performance of their judicial duties, regardless of bad faith. Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.

State v. Brannon

971 So. 2d 511 · Louisiana Court of Appeal · Dec 5, 2007

The jury as the ultimate fact finder should relate background knowledge received from the expert to the facts established by the evidence at trial, and make a determination of the defendant's guilt. State v. … She is only going to talk about test results and how she as an expert is qualified to interpret those.

Causer v. Ard

District Court, M.D. Louisiana · Sep 29, 2020

Deputy Winburn’s Renewed Motion to Dismiss contends that this bystander liability claim must fail because the Causers “have failed to overcome his defense of qualified immunity.”6 Sheriff Ard’s Motion to Dismiss asserts … Section 1983 Claims and Qualified Immunity To state a claim under Section 1983, a plaintiff must (1) allege a violation of rights secured by the Constitution or laws of the United States and (2

Surgery Center LLC NOLA v. Louisiana Health Service & Indemnity Company d/b/a Blue Cross/Blue Shield of Louisiana, Blue Cross & Blue Shield of Louisiana, Inc., and HMO Louisiana, Inc.

District Court, E.D. Louisiana · Mar 31, 2026

on sovereign immunity grounds, including one from this Court: Ctr. for Reconstructive Breast Surgery, LLC v. … In other words, Defendants’ argument is that Plaintiff’s claims clearly implicate “payments with respect to benefits” under FEHBA-governed plans and therefore fall within the broad scope of the FEHBA’s preemption provision

Ouachita Parish Sch. Bd. v. Ouachita

362 So. 2d 1138 · Louisiana Court of Appeal · Aug 28, 1978

The evidence established that the State Department of Education has never formally defined teachers. … The possession of a teacher's certificate is not sufficient to qualify personnel as a recipient in 88% of the funds.

United Companies Financial Corp. v. Davis

148 B.R. 16 · District Court, W.D. Louisiana · Nov 16, 1992

STANDARD OF REVIEW Findings of fact made in a bankruptcy proceeding will not be set aside unless clearly erroneous. In re Monning’s Dept. Stores, Inc., 929 F.2d 197 , 200 (5th Cir.1991). … CREDIT LIFE AND DISABILITY INSURANCE ARE NOT “ADDITIONAL SECURITY” UNDER 11 U.S.C. § 1322(b)(2) The second issue on appeal is whether credit life and disability insurance qualify as “additional security” under 11 U.S.C. §

Satterwhite v. Reilly

817 So. 2d 407 · Louisiana Court of Appeal · May 8, 2002

Nothing in the regulation sets forth a standard of care for medical directors; the purpose is plainly to qualify providers for the Medicare and Medicaid programs. … Reilly in his capacity as attending physician is clearly a medical malpractice claim under La. R.S. 40:1299.41 A; see also, Coleman v. Deno, XXXX-XXXX (La.1/25/02), 813 So.2d 303 .

State v. Payne

258 So. 3d 1015 · Louisiana Court of Appeal · Oct 17, 2018

The record reflects the trial court listened to all three of the 9-1-1 calls and remarked: the first one clearly seems to be immediately during or after the voices are clearly frazzled and the level of excitement is obviously … In this matter, the situation surrounding the shooting qualifies as an "ongoing emergency."

State v. Simien

677 So. 2d 1138 · Louisiana Court of Appeal · Jul 24, 1996

Demers clearly was in charge of the tests in question. As director of the lab in question, Dr. … Demers' testimony, the evidence overwhelmingly establishes Mr. Simien's paternity. Dr.