Case law

Burgard v. Allstate Ins. Co.

904 So. 2d 867 · Louisiana Court of Appeal · May 31, 2005

Before an appellate court can disturb the quantum of an award, the record must clearly reveal that the jury abused its discretion. … The mental and emotional components of the injury have clearly affected Triay. The medical testimony established several cognitive deficits related to the subject accident, including short-term memory loss.

Slack v. Dunn

5 So. 2d 164 · Louisiana Court of Appeal · Nov 28, 1941

The amount of the claim must be established with legal precision, and it must be proved with certainty that the funds were received by the husband and used in his business. … It is clearly to be seen that the legal requirements above set forth, concerning the matter of proof, have not been met. Even if Mrs.

Davis v. Wal-Mart Stores, Inc.

99 La.App. 5 Cir. 723 · Louisiana Court of Appeal · Jan 12, 2000

Clearly Sam’s, in its failure to offer any evidence to contradict that offered by the plaintiff failed in this regard. … Howard Katz was qualified as an expert in physical medicine and rehabilitation.

Blackly v. Matlock

3 La. Ann. 366 · Supreme Court of Louisiana · Apr 15, 1848

It appears very clearly in evidence that this note was given in payment of the property sued for; and it is equally clear that two such demands cannot be cumulated in the same petition ; they are inconsistent, and by an express … The intervenors made themselves primarily liable by accepting the bills; by this agreement, and the transfer of the bill of lading, the property fell under their qualified ownership, to enable them to meet the acceptances

McCray v. National Life & Accident Insurance Co.

244 So. 2d 342 · Louisiana Court of Appeal · Feb 8, 1971

Clearly the burn and the subsequent amputation fall into a continuous chain of events whereby the burn to plaintiff’s toe is directly and causally linked to the amputation of his leg without any intervening cause breaking … Based on the foregoing reasons, this Court finds that the plaintiff has established by a preponderance of evidence that the amputation resulted directly from and was attributable to the injury to the toe.

St. Mary Operating Co. v. Champagne

6 La.App. 3 Cir. 984 · Louisiana Court of Appeal · Dec 6, 2006

The Servitude Owners argue that unless a contract for mineral rights clearly provides statements to the contrary, a mineral servitude of any duration will be subject to prescription. … Unless expressly qualified by the parties, a royalty is a right to share in gross production free of mining or drilling and production costs." La.R.S. 31:80.

Gautreau v. Central Gulf Steamship Corporation

255 F. Supp. 615 · District Court, E.D. Louisiana · Jun 21, 1966

In the former, where the federal question averred is not plainly wanting in substance, the federal court, even though the federal ground be not established, may nevertheless retain and dispose of the case upon the nonfederal … International Terminal Operating Co., 358 U.S. 354 , 79 S.Ct. 468 , 3 L.Ed.2d 368 (1959), involved several defendants, the case is clearly distinguishable from the present one.

State v. Roche

341 So. 2d 348 · Supreme Court of Louisiana · Dec 13, 1976

The argument is without merit; the record clearly indicates that the remark referred to Mr. Adams, Jr.: "Q. When you said the party was down, sir, what do you mean by that? "A. I meant that— * * * * * * "Q. … He argues that the statements were admissible to establish the reasonableness of defendant's fear of Armistead, the "hit man."

Long v. Board of Commissioners for the Fifth Louisiana Levee District

466 So. 2d 44 · Louisiana Court of Appeal · Feb 27, 1985

The Longs contend that the pleadings, stipulations, and evidence adduced at trial establish that they are the sole owners of those portions of the Grandview Plantation taken by the Levee Board. … The Levee Board contends that Luther Holloway was never qualified as an expert and that his testimony was useless due to the fact that the parties stipulated that the land involved was not batture and that his field of expertise

Michael Joseph Viator v. Wendell R. Miller, Indiv. as in His Capacity as Judge for the 31st Judidical District Court

Louisiana Court of Appeal · Apr 27, 2005

Clearly, any damages arising from the sexual relationship between Heather and Judge Miller are not recoverable under Louisiana law. … However, Michael has refused to submit to testing to conclusively establish the paternity of A.V.

Lewis

District Court, W.D. Louisiana · Dec 8, 2025

He further apparently demanded that Judge Norris “place jurisdiction on the record before proceeding,” but Judge Norris “refused to address or establish jurisdiction and instead proceeded.” … Clearly, those circumstances are not present here where Lewis’ interactions with Judge Norris all occurred on the record in City Court. See Jackson v.

Lege v. United States Fidelity & Guaranty Co.

217 So. 2d 761 · Louisiana Court of Appeal · Jan 16, 1969

Also applicable is the evidentiary rule that the expert opinions expressed by a physician who examines and treats the injured party ordinarily is entitled to greater weight than are those expressed by an equally qualified … We agree that the evidence fails to- establish that he sustained such an injury.

Succession of Theurer

38 La. Ann. 510 · Supreme Court of Louisiana · May 15, 1886

Theurer was appointed executrix in the will, qualified, and filed a provisional account which was opposed by C. W. … recognition of that duty, and has said it must in cases of doubt presume that the testator intended to do *515 that which was lawful rather than that which was prohibited hy law, •and it must carry into effect his will unless it clearly

Murphy v. Martinez

245 So. 2d 1 · Louisiana Court of Appeal · Feb 1, 1971

In fact he said the entire area for a distance of 400 to 500 feet to the west from 200 feet east of the accident point is clearly visible. … It is a well established principle of law that a motorist is presumed to have seen what he should have seen. Mr.

Rollo

District Court, E.D. Louisiana · Mar 6, 2026

Qualified Immunity Tillotson asserts that he is entitled to qualified immunity. The Court agrees. … clearly established statutory or constitutional law of which a reasonable person would have known.

Opinion Number

Louisiana Attorney General Reports · Jan 26, 2001

The rationale of that opinion does not clearly support the conclusion in Opinion 90-149 although it does allude to a provision in the Lawrason Act. … The person filling this vacancy on an interim basis may qualify for this position at the subsequent election.

Hughes v. Muckelroy

700 So. 2d 995 · Louisiana Court of Appeal · Sep 23, 1997

You're not gon'na get the qualified person that you want unless you have — you — you give him the feeling of some type of security here, obviously. … The record clearly establishes there was no meeting of the minds regarding the length of time of the employment. However, the trial court ruled in plaintiff's favor based on its finding of a quasi contract.

State v. Dunn

831 So. 2d 862 · Supreme Court of Louisiana · Nov 1, 2002

Marc Zimmerman, a forensic psychologist, qualified as an expert in that field after the State stipulated to his expertise. … Sara DeLand qualified as an expert in the field of forensic psychiatry.

Warren v. Louisiana Medical Mutual Insurance Co.

21 So. 3d 186 · Supreme Court of Louisiana · Jun 26, 2009

This departure from established jurisprudence is unwarranted in this case. … Clearly, under these undisputed facts, any action against these defendants is "perempted" under the provisions of La.

Smith v. Midland Risk Ins. Co.

699 So. 2d 1192 · Louisiana Court of Appeal · Sep 24, 1997

Here, trial testimony established that the plaintiff explored the possibility of financing the purchase of a new automobile rather than repairing her damaged vehicle. … Thus, plaintiff does not qualify as an insured and Section 1220 B(5) does not apply to her claim. See Levy v. Cummings, 25,475 (La.App.2d Cir. 1/19/94), 631 So.2d 55 .