Case law

State v. Lande

934 So. 2d 280 · Louisiana Court of Appeal · Jun 28, 2006

The party who attacks the statute bears the burden of clearly establishing its unconstitutionality. [12] The incest statute, LSA-R.S. 14:78, provides in pertinent part: § 78. Incest A. … The mere existence of a fact unknown to a defendant does not qualify that fact as impeachment evidence.

Landreneau v. Ceasar

153 So. 2d 145 · Louisiana Court of Appeal · Jun 28, 1963

Article 150 of the LSA-Civil Code clearly states that it "shall not be lawful" for him to do so. … A reading of the article compels a conclusion that it does not establish as a standard that the debts must be fraudulent.

Palombo v. Bacque

931 So. 2d 1226 · Louisiana Court of Appeal · May 31, 2006

Has-nain is not qualified to testify as to the standard of care for a urologist, with respect to surgical positioning and repositioning. Palombo v. … Clearly, none of these doctors related Mrs. Palombo’s complaints to her surgery in October of 1998. Furthermore, the record contains the depositions of two of the doctors on the Medical Review Panel.

Thibodeaux v. O'QUAIN

9 La.App. 3 Cir. 1266 · Louisiana Court of Appeal · Mar 24, 2010

However, he is not qualified to be primary custodian of Patrick because he is emotional, fun to be with, and has mental problems. … Lastly, we acknowledge that the trial court made findings of fact that are not clearly established by the record, e.g., Patrick being disrespectful to Lauren.

Weiss v. Allstate Insurance

512 F. Supp. 2d 463 · District Court, E.D. Louisiana · Apr 9, 2007

There is thus no question that Burns is qualified to be an expert witness in this case. … Thus, by its plain terms, the statute clearly establishes that if an insurer intentionally commits one of the specified types of conduct, the consequences are that the insurer is liable for the damages imposed by the statute

State v. Brown

550 So. 2d 922 · Louisiana Court of Appeal · Sep 27, 1989

Under those circumstances, the witness was obviously qualified as an expert, though not tendered as such. … The evidence in the record, when viewed in a light most favorable to the prosecution, clearly establishes that defendant could distinguish right from wrong at the time of the offense and that defendant is guilty of aggravated

Bella v. Tassara

2011 La.App. 4 Cir. 0092 · Louisiana Court of Appeal · Oct 12, 2011

In this case, the trial court found that the depositing of the funds into the joint accounts did not qualify as an onerous donation because Ms. … Tassara to return $50,000.00, rather than $66,418.55, to the estate, considering the evidence clearly established that $116,418.55 was in the joint accounts on the date of Ms. Bella’s death.

Hampton v. Illinois Cent. R. Co.

730 So. 2d 1091 · Louisiana Court of Appeal · Apr 1, 1999

Hoffnagle, a certified consulting meteorologist and qualified environmental professional, who is the senior vice-president and technical director of TRC Environmental Corporation. … Clearly, a tank car in a train spewing noxious gas can cause injuries to numerous persons such that a class action would be the superior procedural vehicle.

Blanchard v. Ogima

253 La. 34 · Supreme Court of Louisiana · Nov 12, 1968

In that case the court .stated: “ * * * These facts, in our opinion, show quite clearly Whitney merely appointed Busher his agent or attorney for the purpose of selling the vehicle. … -ship necessary to establish master-servant status.

State v. McDonald

718 So. 2d 542 · Louisiana Court of Appeal · Aug 19, 1998

Certainly a discovery motion qualifies as an "other preliminary plea" which suspends the running of prescription under La. C.Cr.P. art 580. State v. Stelly, 94-306 (La. … Instead, such a suspension clearly controlled until May 1, 1996, if not until August 26, 1996. Cf. State v. Stelly, supra.

Beaucoudray v. Walsh

2007 La.App. 4 Cir. 0818 · Louisiana Court of Appeal · Mar 12, 2009

Particularly in x-rays of the thoracic spine, his vertebrae were not clearly defined. In his cervical ■ spine, individual vertebrae were almost completely normal. … The plaintiff must first establish by a 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 *924 causal

State v. Howard

751 So. 2d 783 · Supreme Court of Louisiana · Apr 23, 1999

Thus, no error is perceived in his sharing his opinions and inferences, without qualifying as an expert. … See Rule IV, Part 2, Section 3. [1] Several assignments of error were not discussed in this opinion because they do not represent reversible error and are governed by clearly established principles of law.

Thompson v. Department of Police

2016 La.App. 4 Cir. 1314 · Louisiana Court of Appeal · Jun 7, 2017

Appellate courts review the Commission’s finding of facts pursuant to the clearly wrong or manifest error standard. Muhammad v. … Discussion The appellant first argues that the Commission erred in finding the NOPD established a lawful cause for disciplining Officer Thompson.

Thibodeaux v. St. Joseph Hospital

276 So. 2d 703 · Louisiana Court of Appeal · Mar 19, 1973

Hoffman's opinion, this condition was probably not due to the pin episode or surgery, *706 although he conceded he was not qualified to give an opinion on this matter. … Proof which establishes only possibility, speculation or unsupported probability does not suffice to establish a plaintiff's claim. Carles v. Hartford Accident and Indemnity Company, La.App., 184 So.2d 261 .

Hunt Oil Co. v. Batchelor

644 So. 2d 191 · Supreme Court of Louisiana · Oct 17, 1994

The Commissioner has the power to establish compulsory units and designate unit operators therefor. La.R.S. 30:9(B) and 30:10(A). … In the instant case, the record clearly demonstrates that waste was not an issue.

Wong v. Hoffman

973 So. 2d 4 · Louisiana Court of Appeal · Nov 7, 2007

The transcript of the hearing clearly shows that the trial court agreed with this argument. … Wong executed the joint custody agreement pursuant to that advice on October 6, 2000, at which time she clearly knew of its terms.

Fletcher v. Whittington

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

Roberts raises qualified immunity once: “prison officials are protected by qualified immunity for medical treatment decisions, unless . . . .” Record Document 139-2 at 13. … Without more, this Court will not address the applicability and/or availability of the qualified immunity defense. (5th Cir. 2018) (emphasis added), citing Porter v.

State, in Interest of Jkf

481 So. 2d 194 · Louisiana Court of Appeal · Dec 26, 1985

Rumage was qualified as an expert witness in psychology and testified she saw J.K.F. on March 13, 1984, and August 6, 1984. J.K.F. was given psychological and neuropsychological evaluations. … SUFFICIENCY OF EVIDENCE E.F. asserts the trial court was clearly wrong in finding the State met its burden of proof in establishing that E.F. was an unfit parent.

Smith v. Bd. of Commissioners of the La. Stadium

371 F. Supp. 3d 313 · District Court, E.D. Louisiana · Mar 6, 2019

of Frame , district courts in the Fifth Circuit have generally adopted the "deterrent effect" test in Title III cases under the ADA. 81 Because the Fifth Circuit has not clearly adopted either test, the Court analyzes whether … Although Plaintiff has standing to seek injunctive relief, the Court has found the LSED and France are entitled to sovereign immunity. R. Doc. 88. R. Doc. 45.

Smith v. City of Baton Rouge

District Court, M.D. Louisiana · Jul 15, 2022

At the very least, the BPRD officers are entitled to qualified immunity, as the Court cannot say that every reasonable officer in these defendants’ position would know, beyond doubt, that his conduct was unlawful under … clearly established law.