Case law

Carter v. Louisiana Medical Mutual Insurance

9 La.App. 3 Cir. 1310 · Louisiana Court of Appeal · May 19, 2010

The plaintiff must first establish by |4a preponderance of the evidence that the doctor’s treatment fell below the ordinary standard of care expected of physicians in his medical specialty, and must then establish a causal … When the alleged negligence of a specialist is at issue, only those qualified in that specialty may offer expert testimony and evidence of the applicable standard of care. Fox v.

State v. Evans

249 La. 861 · Supreme Court of Louisiana · Nov 7, 1966

“When knowledge or intent forms an essential part of the inquiry, testimony may be offered of such acts, conduct or declarations of the accused as tend to establish such knowledge or intent and where the offense is one of … Nowhere did he deny or qualify his original statement that he felt that his work and his dealings with boys would hamper his judgment in the matter.

Trichel Contracting Co. v. Roland

127 So. 2d 214 · Louisiana Court of Appeal · Jan 30, 1961

This opinion, however, is qualified by the possibility that all of the cement might have gone into underground formations.” … A careful review of these three cases shows that they clearly represent the principles of law that if a person sues for the expense of an extra well alleging that he was furnished defective material, he clearly must sustain

Box v. Sweet

District Court, W.D. Louisiana · Nov 14, 2024

A plaintiff must establish that a prison official “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard for … He has not established that this delay resulted in substantial physical or psychological harm.”).

Richard v. Dupuis

649 So. 2d 718 · Louisiana Court of Appeal · Nov 23, 1994

The opinions of expert witnesses who are members of the medical profession and who are qualified to testify on the subject are necessary to determine whether or not physicians possess the requisite degree of knowledge or … Moreover, the record clearly establishes that the jury not only relied on the testimony of Dr. Dupuis but on that of other witnesses, as discussed above. Therefore, we find no merit to this argument.

State of Louisiana Versus Matthew F. Siekmann

Louisiana Court of Appeal · Feb 5, 2025

R.S. 14:403.10 (B) establishes a three-prong test for determining whether the immunity it establishes applies. State v. Jago, 16-346 (La. … As such, the three-prong immunity test under La. R.S. 14:403.10(B) was not met.

Culp v. Belden Corp.

432 So. 2d 847 · Supreme Court of Louisiana · May 23, 1983

Culp has not established a prima facie case for classification as an odd lot worker. … The position of plant nurse is one for which she is under qualified.

Buckbee v. United Gas Pipeline Co., Inc.

542 So. 2d 81 · Louisiana Court of Appeal · Apr 5, 1989

Applying these standards to the facts of the present case, we find that United Gas' sale of a used gas processing heater does not qualify as an ultrahazardous activity. … In the present case, the record nowhere establishes that the kerosene-like liquid which was in the heater was toxic.

Tommie Hebert, Et Ux. v. J. Oran Richard

Louisiana Court of Appeal · Jun 17, 2015

Thus, Industrial must have produced factual support sufficient to establish that it would be able to meet its burden of proof at trial on this issue. … from tort. . . both the lending and borrowing employers are immune from suit in tort.”

Hayes v. Muller

245 La. 356 · Supreme Court of Louisiana · Dec 5, 1963

Clearly this was not an attempt by him to establish title by parol in someone who had never had title, nor was her objection thereto based on that theory. … If the joint adventure doctrine is a part of our law, it is so because it supplies a device to do equity when equity is clearly due.

XXI Oil & Gas, LLC v. Hilcorp Energy Co.

13 La.App. 3 Cir. 410 · Louisiana Court of Appeal · Oct 9, 2013

“The statute clearly connects the costs reported to the benefits received in exchange. … Regardless of whether Hilcorp’s statement substantially supplied adequate information, the statute makes clear, without any additional qualifying or modifying language, that the statement must be sworn.

Joe Oliver v. Magnolia Clinic

Louisiana Court of Appeal · Nov 17, 2010

In their petition, they specifically alleged the MMA: (1) Establishes an inadequate remedy in violation of Taylor’s right under Art. … This burden, as was clearly set forth in Sibley, rests with the State.

Smith v. Roussel

809 So. 2d 159 · Louisiana Court of Appeal · Jun 22, 2001

Allstate does not contest on appeal that Smith's injuries qualified as an occurrence under the policy. … Marie Smith says she explained clearly her need for a gentle, docile animal for her and her grandchildren to ride.

State v. Pruett

49 La. Ann. 283 · Supreme Court of Louisiana · Jan 18, 1897

establishes the prisoner’s guilt.” … The presiding judge in the exercise of this discretion has absolute immunity from all review unless it should clearly appear that there was a wilful abuse *300 of the discretion confided to him.

Kirby v. Field

923 So. 2d 131 · Louisiana Court of Appeal · Sep 23, 2005

Kirby's invitation to establish a new "foreign body" exception to the prescriptive periods of La. R.S. 9:5628. … Allegations deficient in the factual particularity required to establish a cause of action are not "well-pleaded."

American Association of Councils of Medical Staffs of Private Hospitals, Inc. v. Mathews

421 F. Supp. 848 · District Court, E.D. Louisiana · Oct 12, 1976

This legislation establishes a federal reimbursement scheme for funding beneficiaries’ covered health costs. … Hospitals are not required to participate in the medicare program and doctors are not required to practice at hospitals which qualify as providers of services.

Jurisich v. Jenkins

749 So. 2d 597 · Supreme Court of Louisiana · Nov 17, 1999

Accordingly, we find that this first argument is easily distinguishable and clearly irrelevant to the facts now before us. Defendants next assert that La. … The activities of navigation and maintenance of navigation are not qualified by the terms "normal, usual and permissible."

State v. Jackson

2015 La.App. 4 Cir. 0222 · Louisiana Court of Appeal · Mar 16, 2016

He also argues that L.A.’s 911 statements do not qualify as non-hearsay under La. C.E. art. 801(D)(1)(d) as the initial complaint of sexually assaultive behavior. … Her testimony established that the • defendant committed the offenses of aggravated rape and sexual battery as defined by La.

Schiro v. State ex rel. Department of Transportation & Development

99 La.App. 4 Cir. 2754 · Louisiana Court of Appeal · Mar 21, 2001

The two-part test for the appellate review of a factual finding is: (1) whether there is a reasonable factual basis in the record for the finding of the trial court, and (2) whether the record further establishes that the … In this case, because Trooper Ogle was not qualified as an expert in accident reconstruction, the trial court expressly *509 discounted his testimony as to how and where the impact occurred.

Kevin Cavell v. Kevin Patrick Johnson, Jr.

Louisiana Court of Appeal · Mar 4, 2026

Johnson”), also qualified as a candidate for Oakdale Chief of Police on the same date. When qualifying ended on February 13, 2026, Mr. Cavell and Mr. Johnson were the only candidates to qualify. … Cavell introduced a copy of the statute creating the position of Deputy Chief to argue that the position is clearly in the classified service, indicating that it is a “classified competitive position.” Mr.