Case law

Nelson v. Williams

707 So. 2d 436 · Louisiana Court of Appeal · Apr 13, 1998

defense that appears clearly on the face of the pleading. … The right to amend is qualified by the restriction that the objections be curable. Doe v. Entergy Services, Inc, supra . Amendment is not permitted when it would constitute a vain and useless act. Doe v.

State v. Barbre

499 So. 2d 1324 · Louisiana Court of Appeal · Dec 10, 1986

The district court concluded that defendant failed to establish that he was entitled to a court-appointed psychiatrist and, accordingly, refused defendant's request. … Upon being qualified as an expert, Trooper Cross testified that, of the persons he has observed, the quantity of marijuana that those persons would usually possess for their personal consumption would be less than an ounce

Smith v. HJ Landreneau Bldg. Contractor

426 So. 2d 1360 · Louisiana Court of Appeal · Feb 3, 1983

This is clearly not a declaration of the defect but rather a denial that the defect exists. … Moreau, who qualified as an expert appraiser, testified that the market value of a house depreciates from 10 to 75 percent due to susceptibility to flooding.

State Ex Rel. Wogan v. Clements

194 La. 812 · Supreme Court of Louisiana · Mar 11, 1940

“The rules of law for the issuance of a mandamus are established by the Supreme Court of Louisiana. … But, construing this section of the act as a law in pari materia with Section 9 of Act No. 109 of 1918, it clearly shows that such a contention is absolutely untenable.

Randolph v. General Motors Corp.

646 So. 2d 1019 · Louisiana Court of Appeal · Nov 10, 1994

Ryan Uhlich (qualified as an expert in marine surveyor diesel engine failure analysis)-$1,072.50; and (3) Mr. Gary Paulson, Ph.D. … (qualified as an expert in metallurgical science, material analysis, engineering and specific failure analysis)-$1,200.00.

Sydnes v. Harwell

94 La.App. 3 Cir. 1194 · Louisiana Court of Appeal · Mar 1, 1995

We should not set aside a trial court’s findings of fact in the absence of “manifest error” or unless the findings are “clearly wrong.” Rosell v. ESCO, 549 So.2d 840 (La.1989). … Those defects of more recent origin which might not be subject to the “grandfather” clause were clearly visible to the reasonably prudent buyer.

Knepper v. Robin

745 So. 2d 1248 · Louisiana Court of Appeal · Feb 18, 2000

"Damages for future medical costs must be established with some degree of certainty. … The degree of certainty is readily established by testimony provided at trial.

Stewart v. Rhodia Inc.

96 So. 3d 482 · Louisiana Court of Appeal · Mar 14, 2012

Paolo Zannet-ti, President of EnviroComp Consulting, Inc., was qualified as an expert in air pollution and air pollution modeling. Dr. … Mitchell did not further elaborate on or qualify “exposed to” or “impacted by.” Further, Dr.

State v. Sampson

656 So. 2d 1085 · Louisiana Court of Appeal · May 30, 1995

The testimony of Tuc Van Vo established that he was stopped and advised that he was speeding, which is a misdemeanor offense, [1] that a ticket would be written, and that he would be taken to the "office." … Therefore, the sentence as imposed, clearly shows the court's intent to sentence the defendant at hard labor notwithstanding the court's remanding the defendant to the "custody" of the "Sheriff's Office."

Ginger McIntosh, Indiv. v. Wayne F. McElveen, Sheriff

Louisiana Court of Appeal · Feb 2, 2005

To reverse a fact finder’s determination, the appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court and that the record establishes that the finding … is clearly wrong.

Lyons Milling Co. v. Cusimano

4 La. App. 131 · Louisiana Court of Appeal · Nov 16, 1925

The above testimony is clearly corroborative of that already given by the operators of the Lyons mill. R. D. … This abbreviation is considered as referring to qualifying the delivery, and it is generally considered to mean that the subject of the sale is to be loaded by the seller on the vehicle or conveyance for shipment without

East Bank Cons. Spec. Serv. Fire v. Crossen

892 So. 2d 666 · Louisiana Court of Appeal · Dec 28, 2004

Article XII, § 3 of the Louisiana Constitution of 1974 provides that "No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law." … Moreover, the right is not absolute; it is qualified by the rights of others. The right is also limited by society's right to be informed about legitimate subjects of public interest. Id., at 566 .

Opinion Number

Louisiana Attorney General Reports · Mar 9, 1999

To deny you and your employees the benefits derived from a qualified fitness program solely on this basis would, in our opinion, be unjust and inequitable. … Clearly, one can not put a specific price on the value of the benefits received by your office as a result of employee participation in a structured fitness program.

State v. Rodriguez

569 So. 2d 5 · Louisiana Court of Appeal · Oct 10, 1990

Furthermore, even though Sergeant Jerome Sigur of the Louisiana State Police was qualified by the State as an expert in the field of narcotics investigations, and testified at length about the packaging and sale of cocaine … clear past precedent on which litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed; (2) the merits and demerits must be weighed in each case by looking to the

Gray v. State, Through Department of Highways

191 So. 2d 802 · Louisiana Court of Appeal · Jan 20, 1967

State, cited above, is the landmark decision of our state Supreme Court establishing the distinction between the two causes of action. … The action of the Department in moving the location clearly was for the best interests of the landowners, and not because of any ulterior motives.

Guardian Life Insurance v. Guardian National Life Insurance

184 F. Supp. 851 · District Court, E.D. Louisiana · Jun 23, 1960

These provisions clearly show a concern for the holder of the name. See the Note of the Commissioners for the Model Business Corporation Act, reprinted under the cited section in West’s LSA-R.S. Vol. 5, pp. 31-32. … Under the Louisiana statutes defendant has qualified as an industrial insurer with $1,250 limits. . Sears, Roebuck & Co. v. All States Life Insurance Co., supra, and cases there cited at page 167 of 246 F.2d. .

Burney v. Madison Parish Hospital Service District

District Court, W.D. Louisiana · Oct 16, 2024

sovereign immunity. … The Eleventh Amendment prohibits individuals from suing a state in federal court “unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity.” Pequeño v.

Brown v. East Baton Rouge Parish School Bd.

405 So. 2d 1148 · Louisiana Court of Appeal · Oct 12, 1981

The evidence clearly establishes that at no time were seven members of the board present at the gathering at Mr. Goodwin's office on April 9, 1980. … Netterville was a member of the Committee, and nothing in evidence indicates that he was not qualified to or allowed to vote with the Committee, the evidence shows that Dr.

Coleman v. Intensive Specialty Hospital L L C

District Court, W.D. Louisiana · Dec 19, 2022

Thus, Plaintiffs’ petition clearly asserts claims for inaction on behalf of ISH, not action. … Thus, ISH seemingly cannot assert absolute immunity under the Act as a basis for dismissal of all claims; importantly, “[a] defendant’s intention to argue an affirmative defense of immunity does not transform the nature

Scovell v. Heirs of Levy

106 La. 118 · Supreme Court of Louisiana · Nov 15, 1901

Zeigler qualified as tutor of his children, issue of his marriage with his late wife Mrs. S. E. Zeigler. An inventory was made of the property showing large assets. … This clearly enough limited all rights of the minors growing out of the tutorship of their father.