Case law

State v. Tyler

723 So. 2d 939 · Supreme Court of Louisiana · Sep 9, 1998

The trial judge then has the duty to determine whether the defendant has established purposeful racial discrimination. Id. at 98 , 106 S.Ct. 1712 . … Proc. art. 785 A. [6] The prosecutor certainly spoke overbroadly in asserting that a juror must be "pro death" to be qualified to serve on the jury in a capital case, and equated "death qualified" to "pro death." [7] E.g.

Moore v. Willis-Knighton Medical Center

720 So. 2d 425 · Louisiana Court of Appeal · Oct 28, 1998

It is well settled that the testimony of each witness qualified and accepted as an expert should be given effect if and when it appears to be well grounded from the standpoint of sincerity and common sense. Quinones v. … that the finding is clearly wrong (manifestly erroneous).

Vermilion Parish Police Jury v. Williams

2002 La.App. 3 Cir. 12 · Louisiana Court of Appeal · Jul 3, 2002

We have spoken very clearly and decisively. … Williams, who appears to be headed in a direction of permanent total disability, established on SEB which is limited to 520 weeks. While Mr.

Dartez v. Jefferson Pilot Financial, Inc. (In Re Dartez)

351 B.R. 364 · United States Bankruptcy Court, W.D. Louisiana · Jul 27, 2005

LAW AND ANALYSIS In determining whether the decision of a plan administrator of an ERISA qualified plan should be upheld, a court must review the decision for an abuse of discretion. 2 The Fifth Circuit has stated that a … The initial denial letter sent by Jefferson Pilot clearly stated that the decision was based upon a lack of objective medical documentation.

Humphries v. LA. DEPT. OF PUBLIC WORKS, DIV. OF TRANSP.

545 So. 2d 610 · Louisiana Court of Appeal · May 24, 1989

The record establishes that Florida was born prior to Anna Humphries' marriage to King Humphries, Jr. … Here the damages could have been determined by qualified repairmen with reasonable certainty. There was no necessity for the trial court to make an estimate of damages susceptible of reasonable determination by experts.

JR Watkins Co. v. Stanford

52 So. 2d 325 · Louisiana Court of Appeal · Apr 30, 1951

Section 2 of said Act further provides: "The burden of proof shall rest upon such foreign corporation to establish that it has complied with the laws of this State for doing business herein * * *." … a substantial business in Louisiana and not authorized to do so, and that therefore it is not entitled to sue in the courts of Louisiana upon matters arising out of its doing business in Louisiana until it has properly qualified

Harry B. Brown v. Marcelo Olvera, Olvera's Concrete, Inc.; Olvera's Concrete Louisiana, Inc.; State Farm Mutual Automobile Insurance Company; and Endurance American Specialty Insurance Company

Louisiana Court of Appeal · Nov 15, 2021

Plaintiff failed to produce factual support sufficient to establish the existence of a genuine … He does not qualify as an insured under the 1 Judge William J.

Opinion Number

Louisiana Attorney General Reports · Apr 19, 2001

R.S. 56:366(B) and 279(B) establish the goals of the Council. … We further believe the terms of the reimbursement should be clearly set forth in the cooperative endeavor agreement.

United States v. Edwards

79 F. Supp. 2d 645 · District Court, M.D. Louisiana · Nov 30, 1999

Defendants claim that the defendants are immune from federal prosecution because the “statutory immunity granted to the defendants in exchange for their state grand jury testimony is binding on the federal government.” 44 … Moreover, there is insufficient evidence to establish any such “joint” state/federal investigation. Mr.

Juneau v. Avoyelles Parish Police Jury

482 So. 2d 1022 · Louisiana Court of Appeal · Feb 5, 1986

The defense of a qualified privilege must be specially pleaded. Trahan v. Ritterman, 368 So.2d 181 (La.App. 1st Cir. 1979). … R.S. 42:3 by interpretation or counter authority, perhaps Sherwin Juneau will be able to establish a claim for wages due from March 13, 1984 until June 13, 1984.

Bennett v. Taylor

505 F. Supp. 800 · District Court, M.D. Louisiana · Dec 31, 1980

In order to qualify for federal aid, roads on all systems must meet established federal criteria. … Highway projects completed prior to that date are immune from its provisions. Scottsdale Mall v.

Evergreen Presbyterian Ministries, Inc. v. Hood

116 F. Supp. 2d 745 · District Court, W.D. Louisiana · Jun 14, 2000

Facts The Medicaid program was established pursuant to Title XIX of the Social Security Act ( 42 USC § 1396 , et seq.). … This section clearly benefits the plaintiffs in this action, satisfying the first prong of the Blessing analysis.

McClain v. General Agents Ins. Co. of America

438 So. 2d 599 · Louisiana Court of Appeal · Sep 20, 1983

In its effort to prove arson the appellant relied primarily on the testimony of its expert witness, William Schulthies, a mechanical engineer and qualified fire origin analyst from California. … Penalties and attorney fees are not assessed unless it is clearly shown that the insurer was arbitrary, capricious, and without probable cause in refusing to pay. Thomas v.

O'Bannon v. Moriah Techs., Inc.

248 So. 3d 392 · Louisiana Court of Appeal · Mar 29, 2018

Exclusions must be clearly stated. See La. C.C. art. 2057 ; see also La. Maint. Servs. Inc. v. Certain Underwriters at Lloyd's of London , 616 So.2d 1250 (La. 1993). … Furthermore, as noted in our prior opinion, it is well established that where the parties stipulate the state law governing the contract, Louisiana conflict of laws principles require that the stipulation be given effect,

State v. Alexander

430 So. 2d 621 · Supreme Court of Louisiana · Apr 4, 1983

The remaining assignments of error involve legal issues governed by clearly established principles of law. They will be treated in an unpublished appendix which will comprise part of the record of this case. … In other Louisiana cases, absent dialogue as in Rodman , where the judge completely avoided any qualified language (such as "at this time" in the case under consideration), reversible error has not been found when the judge

Melissa Tiblier v. Gordon Boudauin, State of Louisiana, Department of Transportation and Development and City of New Orleans

Louisiana Court of Appeal · Mar 4, 2020

Attaching several affidavits and depositions to establish that minimum safety requirements were satisfied, the DOTD showed the immense size and bright color of the Sweeper made it clearly visible to a following driver, … Tiblier could not establish the existence of a genuine issue of material fact as to Mr.

Hebert v. Terrebonne Parish School Bd.

879 So. 2d 222 · Louisiana Court of Appeal · May 14, 2004

DISCUSSION Standard of Review Factual findings in workers' compensation cases are subject to the manifest error or clearly wrong standard of appellate review. Banks v. … Further, where there are two permissible views of the evidence, a factfinder's choice between them can never be manifestly erroneous or clearly wrong.

Hawkins v. Sanders

District Court, E.D. Louisiana · Mar 16, 2023

immunity. … Finally, Plaintiffs argue Plaisance and Schmidt are not entitled to qualified immunity because they violated rights guaranteed to Plaintiffs by the Louisiana Constitution and Louisiana statutes.

Bell v. Mid City Printers, Inc.

54 So. 3d 1226 · Louisiana Court of Appeal · Dec 22, 2010

Bell clearly failed to comply with the pretrial order. Furthermore, assuming arguendo that the WCJ erred in denying the introduction of Dr. … To qualify for SEB, a claimant is required to prove by a preponderance of evidence that a work-related injury resulted in the inability to earn ninety percent or more of his average pre-injury wage. Id. (citing La.

State v. Frosch

2000 La.App. 4 Cir. 1525 · Louisiana Court of Appeal · Mar 14, 2001

However, in the absence of qualifying provisions, the terms “intent” and “intentional” have reference to general criminal intent. La. … The evidence established that defendant stood nude in his yard, and masturbated as he watched his female neighbor through a common fence.