Case law

Lederer v. Famous Entertainment, Inc.

732 So. 2d 1277 · Louisiana Court of Appeal · May 12, 1999

The plaintiff presented no lay or expert testimony tending to establish that Mr. Lederer was unable to perform any occupation for which he was otherwise qualified prior to the accident. … wrong based on the evidence, or clearly without evidentiary support.

Labruzzo v. Employers Ins. of Wausau

521 So. 2d 515 · Louisiana Court of Appeal · Feb 10, 1988

Under the borrowed servant theory, Chicago contends that JSIL is immune from tort liability to Labruzzo because JSIL had borrowed Labruzzo from BBI. … It expressly provides that the payment or award of compensation shall not affect the claim or right of action of the employee against third persons, nor be regarded as establishing a measure of damages for the claim.

Succession of Baum

11 Rob. 314 · Supreme Court of Louisiana · Jul 15, 1845

The objections were: 1st, that it does not appear that the witnesses were sworn before a person qualified to administer an oath; and 2nd, that Kellar had no opportunity of cross examining the witnesses. I. … A distinction ought clearly to be made between an original action, and one by intervention.

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.

Lewis v. King

157 La. 718 · Superior Court of Louisiana · Jan 5, 1925

Lizzie Lewis, the sole issue of the second marriage was a minor and without taking any steps to-open the succession of her deceased mother, or to qualify a tutor to said minor, G. W. … Hyde is an heir and one of. the plaintiffs, and it is therefore unnecessary that her rights should be more clearly defined. The motion is denied.

Falgoust v. Richardson Industries, Inc.

552 So. 2d 1348 · Louisiana Court of Appeal · Nov 15, 1989

The view of this sign was unobstructed, and it was clearly visible to anyone sitting or standing on the deck. … Plaintiff argues first that this witness was not qualified to testify as an expert on pool safety, and second, even if he were so qualified, he should not have been permitted to give opinions on the design and effectiveness

Faulk v. Shinseki

216 F. Supp. 3d 752 · District Court, W.D. Louisiana · Oct 25, 2016

First, Plaintiff must establish a prima facie case of discrimination, “which requires a showing that the plaintiff (1) is a member of a protected group; (2) was qualified for the position at issue; (3) was discharged or suffered … “To establish a prima facie case of retaliation, the plaintiff must establish that: (1) he participated in an activity protected by Title VII; (2) his employer took an adverse employment action against him; and (3) a causal

Holmes v. TV-3, Inc.

141 F.R.D. 692 · District Court, W.D. Louisiana · Apr 12, 1991

Once the non-resident files the motion to dismiss, the party who seeks to invoke the jurisdiction of the Court bears the burden of establishing contacts by the non-resident sufficient to invoke the jurisdiction of the court … He says that it is not qualified to do business in Louisiana and it does not have a resident agent for service of process there.

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.

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.

State v. Cardinale

251 La. 827 · Supreme Court of Louisiana · Jan 15, 1968

It was established that the diagram had been drawn by the witness according to the things he had actually seen while he was at the locale. … Defendant urges that the short time taken "clearly indicates a lack of serious deliberation upon a matter so serious as the life or death of the accused, and for this factor alone [this bill] should be the basis of a mistrial

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 v. Cunningham

903 So. 2d 1110 · Supreme Court of Louisiana · Jun 13, 2005

Defendant contends certificates of scientific analysis are testimonial scientific testimony which are not immune to the Crawford analysis. … Thus, the procedure established by La.Rev.Stat. 15:499-501 clearly shifts the burden away from the State to prove each and every element of the charged offense beyond a reasonable doubt.

Succession of Lomonaco

465 So. 2d 781 · Louisiana Court of Appeal · Feb 11, 1985

The testimony at trial clearly shows that none of the other children participated in the care of their father during this period. … It was clearly within the trial court's authority to grant such credit.

Holmes v. Lea

250 So. 3d 1004 · Louisiana Court of Appeal · May 18, 2018

Thus, the record does not establish that Lea breached any general duty owed under the circumstances. And while the record does establish that Lea violated La. … R.S. 3:2771, by letting his dog run free so as to eventually wander upon Holmes's doorstep, the harm suffered in this case-that the person who found the dog would be charged with theft of the animal-is clearly beyond the

Dantzler v. Jorden

District Court, M.D. Louisiana · Jun 17, 2025

Welborn Has Not Established that He is Entitled to Immunity In his Motion to Dismiss, Welborn also argues that he, too, has immunity for Plaintiff’s claims. … However, a clerk “enjoys only qualified immunity for those routine duties not explicitly commanded by a court decree or by the judge’s instructions.” Id. (citing Williams v.

Johnson v. Drury

763 So. 2d 103 · Louisiana Court of Appeal · Jun 2, 2000

based on agreements not firmly established in the failed financial institution's official records. … When signatures are admitted or established, production of the instrument entitles a holder to recover on it unless the defendant establishes a defense. La.R.S. 10:3-308.

Terrell v. Pichon

District Court, E.D. Louisiana · Sep 11, 2019

Qualified Immunity The Court finds it unnecessary to decide the issue of qualified immunity as it finds that Plaintiff’s claims are barred by Heck and its progeny … The Court notes, however, that “'use of excessive force' is an area of law in which the result depends on the facts of each case, and the police officers are entitled to qualified immunity unless existing precedent “

State v. Breaux

767 So. 2d 904 · Louisiana Court of Appeal · Aug 29, 2000

During the habitual offender hearing, the State called Lieutenant Patricia Adams of the Jefferson Parish Sheriff's Office, who was qualified as an expert in the field of identification and comparison of fingerprints, to establish … The existence of the prior convictions was established (see Assignment Of Error Number Three). The record also clearly indicates that the Defendant was represented by counsel.

State v. Hammond Packing Co.

110 La. 180 · Supreme Court of Louisiana · Mar 2, 1903

“But though it is thus clearly settled that statutes may be repealed by implication, and without express words, still the leaning of the courts is against the doctrine, if it be possible to reconcile the two acts of the Legislature … to the home companies, to the extent that the law conflicted with the constitutional provision of the United States government, which provides that “the citizens of each state shall be entitled to all the privileges and immunities