Case law

Arceneaux

District Court, E.D. Louisiana · Feb 3, 2026

cannot establish entitlement to either government contractor immunity or derivative 4 Id. 5 R. … . § 2201(a), that Avondale does not qualify as a federal officer because Avondale cannot establish entitlement to potential affirmative defenses.11 The party seeking a declaratory judgment has the “burden of establishing

Turner v. Ostrowe

828 So. 2d 1212 · Louisiana Court of Appeal · Sep 27, 2002

STANDARD OF REVIEW The appellate court's review of factual findings is governed by the manifest error—clearly wrong standard. … Therefore these statements do not qualify as authorized admissions within the intent of Article 801(D)(2)(c).

Cont'l Cas. Co. v. Entergy Gulf States La., L.L.C.

243 So. 3d 581 · Louisiana Court of Appeal · Feb 27, 2018

The burden is on the adverse party to produce factual support sufficient to establish the existence of a genuine issue of material fact or that the mover is not entitled to judgment as a matter of law. La. Code Civ. … Thus, Entergy's argument that it is entitled to immunity since it called LA One-Call before excavating is without merit.

Allen v. Payne & Keller Co., Inc.

710 So. 2d 1138 · Louisiana Court of Appeal · Apr 8, 1998

Thus, we find the jury's finding that Stafford did not commit a battery clearly wrong. … The legislative aim was to make use of the well-established division between intentional torts and negligence in common law.

State v. Cox

963 So. 2d 1080 · Louisiana Court of Appeal · Aug 22, 2007

They have all the immunities and matters of defense now available or hereafter made available to sheriffs, constables, and any police officers in any suit brought against them in consequence of acts done in the course of … |SA trial court’s denial of a motion to suppress is afforded great weight and will not be set aside unless a preponderance of the evidence clearly favors suppression. State v.

Metzger v. Scott

244 So. 2d 671 · Louisiana Court of Appeal · Feb 8, 1971

App. 3rd Cir. 1968), and in an effort to establish a definitive rule of law to govern the disposition of similar cases. … The evidence in this case clearly shows that the defendant driver drove into the intersection against a red traffic light and crashed into plaintiff's vehicle.

American Coin Machines, Inc. v. Atiyeh

577 So. 2d 234 · Louisiana Court of Appeal · Mar 5, 1991

owners and/or electronic video bingo distributors were not licensed, and specific statutory *238 provisions governed the noncharitable organizations only insofar as their dealings with charitable organizations, which are clearly … The division, upon application and compliance with other provisions for licensure contained in this Part, shall issue a commercial lessor’s license to qualified persons. B.

In the Matter of H. Edward Sherman .

Louisiana Court of Appeal · May 8, 2024

Defendants argued that the Plaintiff could not meet his burden at trial because he had failed to retain a qualified expert to support his medical malpractice claims.2 To support their motion, Defendants attached (1) the … Notwithstanding the above, the trial court’s judgment was not clearly contrary to the law and evidence given Plaintiff’s failure to timely oppose the motion.

Peterson v. Moresi

191 La. 932 · Supreme Court of Louisiana · Jan 10, 1939

This is clearly a real action, unaffected by the prescription of ten years.” In Mussina v. … “This plea is based on article 3544 of the Civil Code, which establishes a prescription of ten years for all personal actions' in general. “In our opinion, the pleaded prescription is not applicable.

State v. Leonard

910 So. 2d 977 · Louisiana Court of Appeal · Jul 26, 2005

The Crawford court did not clearly provide an answer to that question. … First, the victim was clearly unavailable, since he was dead.

Washauer v. JC Penney Co., Inc.

879 So. 2d 195 · Louisiana Court of Appeal · Apr 21, 2004

governed by Louisiana Code of Evidence article 702, which states: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified … Moreover, Blumberg's testimony indicates that the "flipped-up" condition of the floor mat was clearly visible as Washauer approached.

Roberts v. Day

District Court, E.D. Louisiana · Jun 5, 2025

To succeed on an individual- capacity § 1983 claim, a plaintiff must establish that the defendant, while acting under color of state law, was personally involved in the deprivation of a right secured by the laws or constitution … Even assuming that Nurse Jessica could have exercised a different treatment plan or erred in her professional judgment, allegations of negligence or even malpractice are insufficient to establish deliberate indifference

Andrus v. Parish Board of Directors

108 La. 386 · Supreme Court of Louisiana · Jul 1, 1902

It is further admitted that students from any portion of the pariah, who are qualified to enter, are admitted to both,of the (high schools.” … Whether the obligations for the year 1900 had been paid, exclusvely, from the revenues of that year, collected in 1901, is not clearly shown, nor does the contrary appear.

McMasters v. Department of Police

13 La.App. 4 Cir. 0348 · Louisiana Court of Appeal · May 15, 2015

The Commission, therefore, was not clearly wrong when it concluded that Mr. McMasters arrested Ms. Boykins. Iii)3 Mr. … New Orleans Municipal Code of Ordinances Section 54-12 states clearly that “[I]n the absence of qualifying provisions, the terms ‘intent’ and ‘intentional’ have reference to general criminal intent.”

State ex rel. Department of Highways v. Watkins

155 So. 2d 245 · Louisiana Court of Appeal · Jul 15, 1963

“He was questioned at length as to whether or not he had valued the whole of the tracts and established his values ■on that basis. … This article clearly makes it permissible for either litigant to amend his pleadings to conform with the evidence adduced at the trial of the case.

Melancon v. Trahan

645 So. 2d 722 · Louisiana Court of Appeal · Oct 5, 1994

Clearly, Trahan denies resisting the officers after being informed that he was under arrest. … Interference with an officer's investigation is insufficient to establish the offense. Nix, supra, at 1356 .

McCrary v. Park South Properties

560 So. 2d 38 · Louisiana Court of Appeal · Apr 4, 1990

It is well-settled that the decision whether a person is qualified as an expert is within the sound discretion of the trial court. … The appellate courts will not reverse absent a finding that the decision of the trial court is clearly erroneous. Experience alone is sufficient to qualify a person as an expert. Belk v.

Laureen Olson v. Paul M. Toce, Jr.

Louisiana Court of Appeal · Jun 7, 2017

(iii) All or a portion of a payment made by another qualified health care provider, by the insurer of another qualified health care provider, or by the employer of another qualified health care provider has been attributed … The PCF has standing to object when the integrity of the fund is jeopardized, such as when a claim clearly does not fall under the MMA. Id.

State v. Brazile

226 La. 254 · Supreme Court of Louisiana · Nov 8, 1954

Wherein do the statements given by these two defendants establish in your mind, a conflict ? A. … This clearly shows that he was placed in a position beyond his control.

Bellard

District Court, W.D. Louisiana · Jun 18, 2026

An employee’s direct employer and his statutory employer are immune from tort liability under Louisiana Revised Statute 23:1061(A)(1). … In this case, the CITGO/Performance Contract clearly and unambiguously establishes CITGO as a statutory employer; therefore, Plaintiff has failed to overcome the presumption of the relationship.