Case law

Manyweather v. Woodlawn Manor Inc

District Court, W.D. Louisiana · Oct 22, 2021

First, to qualify as a complete preemption statute, the PREP Act must contain a civil enforcement provision which both replaces and protects the analogous area of law. Johnson, 214 F.3d at 632. … Here, weighing these factors clearly indicates that the Court should decline to exercise supplemental jurisdiction.

Thompson v. St. Amant

250 La. 405 · Supreme Court of Louisiana · Feb 20, 1967

Clearly, he alleged, the publication reflected a design and intent on the part of the defendant, St. … Under the Times doctrine a qualified privilege extends to misstatements of facts in a publication relating to a public officer if other conditions of a qualified privilege (absence of actual malice) exists.

State v. Motton

395 So. 2d 1337 · Supreme Court of Louisiana · Mar 2, 1981

the wounds, and to establish the identity of the victim. … The defense now asserts that the question was improper as the witness was not qualified to give an opinion on the matter in question.

State v. Fisher

628 So. 2d 1136 · Louisiana Court of Appeal · Nov 24, 1993

Defendant admits he possessed cocaine, but denies the state established that he specifically intended to distribute the cocaine. … Thus, the exact amount of cocaine was not definitively established.

Griffith v. Roy

263 La. 712 · Supreme Court of Louisiana · Nov 6, 1972

of tutorship the tutor must be confirmed or appointed by the court, and must qualify for the office as provided by law." … Although the requirements of a "neglect complaint" are not clearly delineated, R.S. 13:1574 sets out the requirements of a petition which shows that a "child is within the purview of R.S. 13:1561 through 13:1592."

Carter v. Bd. of Sup'rs of Louisiana St. Univ.

459 So. 2d 1263 · Louisiana Court of Appeal · Nov 20, 1984

Dennis Howard, was qualified by the trial court as a safety consultant. Mr. Howard offered his opinion on the degrees of risk presented by varying differentials in height on walking surfaces. … Before an appellate court can properly disturb a quantum award, the record must clearly reveal that the trier of fact abused his discretion in making the award.

Shelly Benoit v. City of Lake Charles

Louisiana Court of Appeal · Jul 20, 2005

His testimony establishes that the park has both soccer and baseball fields open to the public. … Considering these established facts, we conclude that La.R.S. 9:2795 is applicable to the City.

Soileau v. STATE EX REL. DEPT. OF TRANSP. AND DEV.

724 So. 2d 834 · Louisiana Court of Appeal · Dec 9, 1998

Jurisprudence in this area clearly indicates that the State must maintain highways in a reasonably safe condition for persons exercising reasonable care. … Hickey, who was called by the plaintiff, was not qualified as an expert witness.

State v. Titus

152 La. 1011 · Supreme Court of Louisiana · Dec 29, 1922

This court has defined a state office to be one created by the Legislature, or one established in the first instance by the Constitution. State v. Taylor, 44 La. Ann. 783 , 11 South. 132 ; State v. … An inspection of it shows clearly, in our view, that the verdict of the jury reads, not as contended by learned counsel for the defendant, but, “Guilty as charge at mercy of court.”

Husband v. Tenet HealthSystems Memorial Medical Center, Inc.

2008 La.App. 4 Cir. 1527 · Louisiana Court of Appeal · Aug 12, 2009

wrong based on the evidence, or clearly without evidentiary support.” … Article 591(A) provides that a civil action must first meet five prerequisites to qualify for class certification.

Smith v. Ouachita Parish School Bd.

702 So. 2d 727 · Louisiana Court of Appeal · Sep 24, 1997

In that context the conclusion is not clearly wrong that Smith was promoted to a higher position when she was assigned to the position of guidance counselor in 1987. … Whether she was paid for the first extra week she worked in the 1990-1991 school year is not established one way or the other in this record.

Duzon v. Stallworth

866 So. 2d 837 · Louisiana Court of Appeal · Jan 29, 2003

Although the evidence of custom may be sufficient to establish negligence, to establish negligence per se there must be a specific federal statute, regulation, or regulation mandated by treaty, which establishes specific … Accordingly, they argue that apportioning 40% of fault to them is clearly wrong when Duzon and Paral's collective fault was allocated at 50%.

State v. Welch

337 So. 2d 1114 · Supreme Court of Louisiana · Sep 13, 1976

The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents." … I disagree with this holding, because, in my opinion, the record adequately establishes that the defendant was advised of his right to the assistance of counsel.

Webb v. Massiha

993 So. 2d 345 · Louisiana Court of Appeal · Sep 30, 2008

Unless grounds for vacating, modifying or correcting the award are established, the award must be confirmed, and the burden of proof is on the party attacking the award. Robert S. … The jurisprudential rule implies that the arbitration judge appreciates the existence of a clearly governing legal principle but decides to ignore or pay no attention to it. Robert S.

Borruano v. City of Plaquemine

97 La.App. 1 Cir. 1926 · Louisiana Court of Appeal · Sep 25, 1998

Borruano carried her burden of proof of establishing liability on the part of the City of Plaquemine for the damages sustained as a result of her accident. … Thus, a reviewing court is directed to disturb the lower court's holding only if the trier of fact was clearly wrong or manifestly erroneous. Stobart v.

Jones v. City of Pineville

9 La.App. 3 Cir. 1227 · Louisiana Court of Appeal · Apr 7, 2010

Accordingly, we find that the district court was clearly wrong in affirming the decision of the Board. … We find this determination just, as the record clearly establishes that Jones was never properly terminated.

State v. Jacobs

7 La.App. 5 Cir. 887 · Louisiana Court of Appeal · May 24, 2011

In reversing the judgment of the Court of Appeals, the Supreme Court held that no decision of the United States Supreme Court clearly established the categorical rule on which the Court of Appeals relied. Id. at 1175. … She was qualified as an expert at defendant’s first murder trial. Ms. Walzer testified that the crime lab follows the rules established by the Association of Firearm and Toolmark Examiners (AFTE).

In re Naturalization of Arbesu

347 F. Supp. 1014 · District Court, E.D. Louisiana · May 3, 1972

The issue in this case is whether the petitioner here is qualified for naturalization under Section 316(a) of the Immigration and Nationality Act ( 8 U.S.C. § 1427 ). … The evidence before the court clearly supports a finding that in any possible conflict between the United States and Cuba the petitioner’s loyalty would lie with the United States.

Todd v. Sauls

647 So. 2d 1366 · Louisiana Court of Appeal · Dec 21, 1994

The plaintiff must first establish by a preponderance of the evidence that the doctor's treatment fell below the ordinary standard of care of physicians in his medical specialty, and must then establish a causal relationship … Zeluff stated that impaired nutritional status depresses the body's immune system and adversely affects the body's ability to heal wounds. When he was confronted with Mr.

Smith v. Brumfield

2013 La.App. 4 Cir. 1171 · Louisiana Court of Appeal · Jan 15, 2014

Smith’s failure to establish that she will suffer irreparable harm in the absence of injunc-tive relief. … |isln order to determine whether the property qualifies for this shortened redemptive period, we look to those definitions incorporated into Section 25 B(2) by reference. La.