Case law

Independent Turtle Farmers of Louisiana, Inc. v. United States

703 F. Supp. 2d 604 · District Court, W.D. Louisiana · Mar 30, 2010

‘[w]e must look at the decision not as a chemist, biologist, or statistician that we are qualified neither by training nor experience to be, but as a reviewing court exercising our narrowly defined duty of holding agencies … July 15, 1999) ("Although the Supreme Court has indicated that the record should be the 'focal point for judicial review’, it has refrained from establishing an absolute record rule in all cases.

Gallaty v. Gallaty

101 So. 3d 501 · Louisiana Court of Appeal · Oct 3, 2012

An appellate court may not set aside a trial court’s findings of fact in absence of manifest error or unless they are clearly wrong. Id., Stobart v. State, Through DOTD, 617 So.2d 880 (La.1993). … Calamari was qualified by the court as an expert in residential property appraisals. He testified as to his methodology and how he had arrived at $126,500.00 as the value of the community home. Mr.

State v. January

993 So. 2d 375 · Louisiana Court of Appeal · Oct 1, 2008

trial court for the trial court to establish a payment plan. … a payment plan be established.

State ex rel. Department of Highways v. Hayes

150 So. 2d 667 · Louisiana Court of Appeal · Mar 5, 1963

. * * * ” The defendant’s experts were not as well qualified by training or experience with this type of property as the State’s witnesses. The one comparable they used was actually not comparable. … We think clearly that this spur track, constructed on the property by the owners for its service and improvement, was immovable by destination under the provisions of L.S.A.-C.C. Article 468. See Coguenhem v.

Johnson v. Big Lots Stores, Inc.

253 F.R.D. 381 · District Court, E.D. Louisiana · May 7, 2008

Opinions and Conclusions Expressed by Individuals Who Have Not Been Qualified and Designated as Expert Witnesses Sixth, plaintiffs seek to prevent any witness who has not been qualified and designated as an expert from expressing … The moving party bears the burden of establishing that there are no genuine issues of material fact.

Hill v. Sills

404 So. 2d 1323 · Louisiana Court of Appeal · Sep 29, 1981

Although not then employed, she was a registered X-ray technician, having qualified for this vocation in 1956. … Hill on a parttime basis as soon as she became established back in Jacksonville, at a pay rate of $5.50 per hour.

State ex rel. A.W.

2003 La.App. 4 Cir. 1180 · Louisiana Court of Appeal · Oct 22, 2003

Defatta believed that the injuries clearly resulted from someone beating the child severely for a long period of time. … Furthermore, a child has an interest in the termination of rights that prevent adoption and inhibit that child’s establishment of secure, stable, long term, continuous family relationships.

Holzenthal v. SEWERAGE & WATER BD. OF NO

950 So. 2d 55 · Louisiana Court of Appeal · Jan 10, 2007

Far from representing any modern trend toward the abolishment of the "artificial" shield of immunity for State agencies, the above decision of this court fully recognizes the constitutional shield of immunity for State agencies … Clearly, the instant case qualifies under subsections (1), (2) and (3). The trial court observed the testimony of the plaintiffs and found that the plaintiffs were credible witnesses.

David Stanley v. Lafayette Police Department

Louisiana Court of Appeal · Mar 25, 2026

These motions argued that Stanley’s constitutional claims were prescribed, that Stanley had failed to state a claim upon which relief could be granted, and that the individual defendants enjoyed qualified immunity. … federal court clearly would not have had jurisdiction to entertain the omitted state claim, or, having jurisdiction, clearly would have declined to exercise it[.]”

Hoyt v. LeBlanc

District Court, M.D. Louisiana · Feb 17, 2023

the cost of litigation; (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing … immunity.

Griffith v. Latiolais

9 La.App. 3 Cir. 0824 · Louisiana Court of Appeal · Mar 3, 2010

The record establishes that for the first four years of his life, Cole was a well-adjusted, happy child. … court and the expert witness, La.Code Evid. art. 702 provides: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

Manning v. UNITED MED. CORP. OF NEW ORLEANS

897 So. 2d 867 · Louisiana Court of Appeal · Mar 2, 2005

David Golden, a qualified health care provider, failed to correct obvious signs of fetal distress in her mother, Quamysha Taylor. … The Board's exclusive jurisdiction is "subject only to court review of the agency's actions pursuant to well established principles of judicial review." Kelty v.

Gulf States Util. v. La. Pub. Serv. Com'n

689 So. 2d 1337 · Supreme Court of Louisiana · Feb 25, 1997

or qualifying facilities, such utility would generate itself or purchase from another source." … Unless and until the "merged" fuel clause recovery is less than the market cost of purchased power, ratepayers would clearly be better off if River Bend did not operate.

Auld v. Globe Indemnity Company

220 F. Supp. 96 · District Court, W.D. Louisiana · Apr 25, 1963

That decision established an exception to the then Louisiana law that no contribution could be demanded among joint tortfeasors unless they were cast in judgment in solido 1 This doctrine, as tersely stated in Northwestern … To impose a non-contractual duty of contribution on the employer is pro tanto to deprive him of the immunity which the statute grants him in exchange for his absolute, though limited, liability to secure compensation to his

City of Baton Rouge v. Bridge City Realty Co.

260 So. 2d 131 · Louisiana Court of Appeal · Mar 13, 1972

If the subject bluff land were for sale without the low land very clearly it would be almost comparable to the three properties in question. … Brown was more qualified in this particular industrial area of Baton Rouge. In Florida Gas Transmission Co. v.

State of Louisiana v. Jarrod Perkins

Louisiana Court of Appeal · Feb 4, 2026

However, effective August 1, 2021, the legislature amended the article to allow for people convicted of felonies to qualify to serve on a jury, so long as their imprisonment, probation, or parole was completed five years … Defendant, as the mover, bore the burden of establishing a purposeful discrimination in the selection of the petit jury venire. State v.

State v. Harvey

649 So. 2d 783 · Louisiana Court of Appeal · Jan 25, 1995

McCormick, who conducted the autopsy *789 on the victim, was qualified as an expert witness in forensic pathology. … The record shows each definition was clearly presented and distinguished.

Cupit v. Grant

425 So. 2d 847 · Louisiana Court of Appeal · Dec 22, 1982

All issues in a jury case must be presented to and decided by the jury. [2] We want it clearly understood that we are making no determination of the relationship between Grant and Louisiana Delta. … Culbertson, possessed of a PhD in economics, qualified as an expert in projected future earnings and testified that Terry Dale's expected loss of income would be $563,537.00. Dr.

Dr. Stella Gwandiku v. State Farm Mutual Auto Ins. Co.

Louisiana Court of Appeal · Oct 31, 2007

P. art. 971] before it concluded [that Pat Adams] was immune from suit; 2. … Gwandiku did not meet her burden of establishing a probability of success on her claim against Adams.

Guillory v. State Farm Ins. Co.

662 So. 2d 104 · Louisiana Court of Appeal · Sep 28, 1995

The jury verdict was clearly contrary to the evidence or clearly wrong. ATTORNEY'S FEES As Mr. … Plaintiff argues in brief that he established a prima facie case of discrimination: he is a member of the protected class of African-Americans, he was qualified for his position as agent, State Farm took adverse action against