Case law

Barbara Hypolite v. Columbia Dauterive Hospital

Louisiana Court of Appeal · Oct 3, 2007

She was diagnosed with immune thrombocytopenia, a condition signifying low blood platelet counts; platelets are essential for blood clotting. Ms. … Consequently, we cannot say that the jury’s verdict is manifestly erroneous or clearly wrong. Induction Using Cytotec and Care During Labor Ms.

Roccaforte v. Nintendo of America, Inc.

802 So. 2d 764 · Louisiana Court of Appeal · Nov 14, 2001

They clearly are within the parameters that were ordered by the Court. * * * My comment was directed to your statement that you didn't have the documents because they were clearly outside of the parameters established by … Nintendo had argued that D'Souza was not medically qualified to render such an opinion and that his opinion was contrary to known medical studies relating to video games and triggered epileptic seizures.

M.R. Pittman Group, L.L.C. v. Plaquemines Parish Government

2015 La.App. 4 Cir. 860 · Louisiana Court of Appeal · Dec 2, 2015

. ; While such a judgment might qualify as a partial final judgment under Article 1915 B(l) of the Louisiana Code of Civil Procedure, it would need such a | . … An appellate court should not disturb a trial court’s factual findings supporting prescription unless they are clearly *320 wrong. See Carter v.

Buras v. Petroleum Helicopters, Inc.

95 La.App. 4 Cir. 1629 · Louisiana Court of Appeal · Dec 17, 1997

We review this conclusion in order to determine if it is clearly erroneous. Maranto v. Goodyear Tire & Rubber Co., 94-2603, 94-2615, p. 7 (La.2/20/95), 650 So.2d 757, 762 . … Plaintiff counters that the evidence establishes that Mr.

State Ex Rel. Le Blanc v. Democratic State Central Committee

229 La. 556 · Supreme Court of Louisiana · Feb 20, 1956

LSA-R.S. 18:358 is clearly inapplicable and not controlling in the present controversy. … This doctrine was clearly announced in the case of Reid v. Brunot, 153 La. 490 , 96 So. 43 .

Arceneaux

District Court, E.D. Louisiana · Nov 10, 2025

without status as a government contractor and holder of derivative immunity in mesothelioma damages actions.” Id. at 9. … Moreover, Plaintiff explicitly prays for a declaratory judgment that Avondale cannot establish entitlement to federal officer immunity not just in Plaintiff’s suit, but also in other “failure to warn claim[s] and failure

State v. Skinner

2015 La.App. 4 Cir. 0510 · Louisiana Court of Appeal · Apr 27, 2016

He was qualified as an expert in chemical analysis and narcotics testing. His testimony was that he tested the evidence in the instant case. … In the instant case, the testimony established that the defendant "clearly expressed to the officer that he had pills to sell. Det.

Barrios-Barrios v. Clipps

825 F. Supp. 2d 730 · District Court, E.D. Louisiana · Oct 20, 2011

Entitled to Summary Judgment on Plaintiffs’ Section 1983 Claims Section 1983 provides a private cause of action against those who, under color of law, deprive a citizen of the United States of “any rights, privileges, or immunities … The apparent lack of honesty seemed to have little bearing on whether or not he would be deemed as qualified to be a police officer in the City of New Orleans.” Id. at pp. 4-5.

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.

Patrick Jeansonne v. City of Marksville

Louisiana Court of Appeal · Nov 25, 2015

While Defendants did not specifically assert absolute immunity as a basis upon which to grant their exception, absolute immunity that is apparent on the face of a petition may properly form the basis of sustaining an exception … that the finding is clearly wrong (manifestly erroneous).

State v. Fogleman

12 La.App. 3 Cir. 16 · Louisiana Court of Appeal · Oct 3, 2012

In the absence of qualifying provisions, the term “intent” has reference to general criminal intent, La. … Having concluded that the state need only establish that the defendant possessed the items found in the black duffle bag to establish the requisite intent required to convict the defendant of the charged offense, we next

State v. Tharp

284 So. 2d 536 · Supreme Court of Louisiana · Sep 24, 1973

Rives need not answer, on cross-examination, the incomplete question "What law do you rely on that makes you immune from this offense, when you carry—". … Defense counsel then asked to put on evidence out of the presence of the jury to establish those facts.

James v. State

154 So. 2d 497 · Louisiana Court of Appeal · Jun 4, 1963

The issue in these cases was not clearly drawn to serve as authority here for either view. … This is qualified, however, by Dr. Morrow's testimony: "Q. * * * With respect to this man's life expectancy, isn't that one of the reasons for all of this care you have mentioned?

Opinion Number

Louisiana Attorney General Reports · Aug 28, 2006

Such a loan or donation would be doing indirectly with state funds what is clearly prohibited directly. … Box 553 Public funds received by volunteer Garyville, LA 70051 fire department may be used to establish and maintain a retirement plan.

Opinion Number

Louisiana Attorney General Reports · Apr 16, 2002

In situations where mutual aid is utilized, radio communications shall be established, if possible, through the radio systems patch, or one of the officers shall maintain personal eye-to-eye contact with an officer of the … R.S. 33:423 pertinently provides: In those municipalities governed by the provisions of this Part, R.S. 33:321 et seq ., which have a chief of police elected by the qualified voters thereof, he shall make recommendations

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.

United States v. Slidell Youth Football Ass'n

387 F. Supp. 474 · District Court, E.D. Louisiana · Jun 27, 1974

It has' been clearly held that 42 U.S.C. § 2000a(b)(3) covers establishments which provide a form of participatory entertainment to patrons as well as establishments which present shows to a passive audience. Daniel v. … The facts as discussed above also show that SYFA does not qualify as a private club by the manner in which it selects voting members.

Buckel v. Maison Blanche Corp.

386 So. 2d 1385 · Louisiana Court of Appeal · May 13, 1980

City Stores Co., 371 So.2d 810 (La.1979), “as clearly applicable to this case.” We did not agree and refused to grant a rehearing. … Roger Harris, who worked for Otis Elevator Company for 28 years, qualified as an expert in the maintenance of escalators.

DeMoss v. A & M Wood Co.

550 So. 2d 720 · Louisiana Court of Appeal · Aug 23, 1989

If rehabilitation services are not voluntarily offered or accepted, the director, upon application of the employee, employer, or insurer, may refer the employee to a qualified physician or facility for the evaluation of the … That section is applicable to “every claim for benefits;” and rehabilitation services are clearly “benefits.”

Bennett v. Dauzat

984 So. 2d 215 · Louisiana Court of Appeal · May 21, 2008

Dauzat by transferring the check to AGF, but he claims that there was not a notary present at the time of transferring the check who would be qualified to sign such a title transfer. Thereafter, Mr. … Within *218 such circumstances, we cannot hold that the trial court was clearly erroneous in concluding that the case at bar lacked a false statement sufficient to support a defamation claim.