Case law

State ex rel. Attorney General v. Lamantia

33 La. Ann. 446 · Supreme Court of Louisiana · Apr 15, 1881

Martin was appointed by the ■Governor of the State inspector of weights and measures for the first district of New Orleans, on the 26th of January, 1881, vice Vincent Lamantia, removed; that said Martin has been duly qualified … Yoist, 25 An. 396, are the latest decisions of this court on the point, the dootrine is clearly laid down.

State v. Perez

745 So. 2d 166 · Louisiana Court of Appeal · Nov 3, 1999

Carlos Kromberger was qualified by stipulation as an expert in clinical psychology. Dr. … Jenkins was a qualified attorney in the case, as well as Mr. Michaelson's supervising attorney. Mr.

Entrevia v. Hood

427 So. 2d 1146 · Supreme Court of Louisiana · Feb 23, 1983

Although the wholesale immunities from civil responsibility resulting from the common law classification of a person as a trespasser are not recognized by our law, Cates v. … Clearly, the building was a "ruin". As such, it had little utility and it was likely that children, tramps or others straying on the premises might be injured.

Nolan

District Court, W.D. Louisiana · Oct 6, 2025

The Minden Police Department does not qualify as a juridical person. See Cozzo v. … "To establish a Fourth Amendment violation based on an officer’s use of excessive force, the plaintiff must show: (1) an injury; (2) which resulted from the use of force that was clearly excessive to the need; (3) the

Hollaway v. Gaylord Chemical Corp.

730 So. 2d 952 · Louisiana Court of Appeal · Mar 12, 1999

Bruce Egan was also qualified as an expert in air dispersion modeling. He, too, used a model to estimate the chemical's dispersion. … Therefore, the trial court correctly declined to establish such a class.

Tharpe & Brooks, Inc. v. Arnott Corp.

406 So. 2d 1 · Louisiana Court of Appeal · Oct 12, 1981

However, the witness' familiarity with his brother's signature was sufficiently established; the signature was adequately identified. … This testimony was clearly hearsay; the trial court was correct in sustaining the objection.

Jeansonne v. Roy

13 La.App. 3 Cir. 741 · Louisiana Court of Appeal · Mar 5, 2014

Intentionally tortious actions, ostensibly performed for a client’s benefit, will not shroud an attorney with immunity. … Roy’s actions clearly establish that he intentionally obtained the Ex Parte Order of Exhumation knowing full well that his actions would result in substantial injury to Mr.

LeBlanc v. Continental Grain Co., Inc.

672 So. 2d 951 · Louisiana Court of Appeal · Mar 13, 1996

However, we take cognizance of the well established legal principle that the trial court has great discretion in controlling the presentation of evidence, including the power to admit or refuse to admit rebuttal evidence. … The manufacturer of the system clearly incorporated the guard as a protective device; otherwise the guard had no reason to exist.

Walker v. Travelers Indemnity Company

289 So. 2d 864 · Louisiana Court of Appeal · Feb 6, 1974

The seaworthiness of the "Bon Conge" before it sank was established by the uncontroverted testimony of the plaintiff. … But this testimony was qualified by plaintiff to the effect that he was also told that it might last as little as five years, especially if used in the salt water of the Gulf or in excessively sandy waters.

Greer v. State, ex rel. Department of Transportation & Development

6 La.App. 3 Cir. 417 · Louisiana Court of Appeal · Oct 4, 2006

that the fact finder is clearly wrong or manifestly erroneous. … These photographs clearly depict a large hole in the trunk of the sister tree, as well as a hole between the sister tree and the fallen tree.

Bolton v. Mike Fleming Const.

833 So. 2d 1177 · Louisiana Court of Appeal · Dec 11, 2002

An employer can discharge its burden by establishing, by a preponderance of the evidence, (1) the existence of a suitable job within the claimant's physical capabilities, and within the claimant's or the employer's community … However, he qualified his statements by saying that his prior complaints of right shoulder pain were in the rhomboid muscle in the back of his shoulder.

State v. Roy

496 So. 2d 583 · Louisiana Court of Appeal · Oct 15, 1986

This article does not affect the right to challenge for cause, a juror who is not qualified to serve. The defendant has the burden of establishing fraud or some irreparable injury in the jury selection process. State v. … However, sentencing under either of the above provisions was improper since the evidence at trial clearly established the elements of simple escape only under R.S. 14:110 A(1); i.e., escape from the custody of Trooper Guidry

Wilton Jones Company v. Liberty Mutual Insurance Company

248 So. 2d 878 · Louisiana Court of Appeal · Jun 21, 1971

Professor McMahon, at 21 La.Law Rev. 1, discussed these questions at length, showing clearly that the matter of abatement of actions was clearly tied in with the problems posed by Art. 2315. … It is well established that technical rules of pleadings no longer *896 obtain and all doubt must be resolved in favor of the pleader to the end that substantial justice will be achieved. Boudreaux v.

Durand v. Richard

5 La. App. 590 · Louisiana Court of Appeal · Jan 7, 1927

His surviving wife, as widow in necessitous circumstances, qualified as administratrix of his estate, and in due course *593 of administration received from it the sum of $791.00. … When under such circumstances, they fail to furnish the evidence clearly within their power all the presumptions of law are against them.”

Schlesinger v. Herzog

672 So. 2d 701 · Louisiana Court of Appeal · Apr 3, 1996

It was clearly in Mr. … To qualify for membership one must have five years experience, pass a rigorous examination, and submit a series of reports to a review committee.

State v. Veal

583 So. 2d 901 · Louisiana Court of Appeal · Jun 27, 1991

James died of acquired immune deficiency disease, he was truly unavailable as a witness and the provisions of Louisiana Code of Evidence Article 804(A.)(4) apply. [1] A police officer, in explaining his own actions, may refer … The record clearly reflects sufficient compliance with La.C.Cr.P. art. 894.1, and that the trial court did not abuse its sentencing discretion. This assignment of error is without merit.

State v. King

683 So. 2d 1228 · Louisiana Court of Appeal · Oct 9, 1996

King's dispute of that testimony is clearly based upon credibility. A determination of the weight of evidence presented is a question of fact. … After observing all the witnesses, the jury clearly believed Johnson.

Norfleet v. LIFEGUARD TRANSP. SERVICE, INC.

934 So. 2d 846 · Louisiana Court of Appeal · May 17, 2006

After the factfinder establishes negligence, the amount of liability of each tortfeasor relies upon the doctrine of comparative fault when litigation involves multiple tortfeasors. La. … all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity

Sterling v. C. Marshall Martin, Inc.

409 So. 2d 1231 · Louisiana Court of Appeal · Nov 23, 1981

The basis of appellants' suit is their allegation that the signature of Katie Stern Sterling, the duly qualified administratrix of the Succession of Henry Sterling, was forged on the verification of various pleadings filed … Therefore, plaintiffs-appellants argue that the trial court erred in granting the Motion to Compel and also argue that the award of five hundred dollars per attorney is clearly unreasonable and unjust.

Sumner v. Mathes

2010 La.App. 4 Cir. 0438 · Louisiana Court of Appeal · Nov 24, 2010

Well-established principles of statutory construction demand that Plumb be overruled; the Plumb court engaged in lawmaking, not law application or interpretation. … Progressive cannot as a matter of law establish that § 32:1042 is a vehicle law which is “applicable” to the City of New Orleans.