Case law

Descant v. Administrators of the Tulane Educational Fund

95 La.App. 4 Cir. 2127 · Louisiana Court of Appeal · Jan 21, 1998

Bruner, did not establish the standard of care applicable to Dr. Herrera. … This is established through expert testimony.

Charles Henry Davis, Et Ux. v. Sabine Parish Police Jury

Louisiana Court of Appeal · Feb 24, 2016

Lack of SPPJ Immunity The SPPJ alleges that it is immune from liability under La.R.S. 9:2800(C). We disagree. The statute reads, in pertinent part: A. … works; and, since sovereign immunity is inapplicable here, there is none.”

Doucet v. Superior Gauging Servs., Inc.

268 So. 3d 1082 · Louisiana Court of Appeal · Apr 17, 2019

to indicate that cutting the tanks would be unsafe; he admitted he thought he had all the equipment needed to perform the job and placed chocks on the tank to prevent the tank from rolling; he and his cousin felt he was qualified … Supported by well-established jurisprudence, we find the trial court properly dismissed Shelf and Superior on their motions for summary judgment.

Turner v. Kansas City Southern Railway Co.

622 F. Supp. 2d 374 · District Court, E.D. Louisiana · May 19, 2009

Yet, the Court finds all of these exhibits qualify as admissible hearsay pursuant to Rule 803(6) of the Federal Rules of Evidence. … of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record or data compilation, all as shown by the testimony of the custodian or other qualified

Bates v. Edwards

294 So. 2d 532 · Supreme Court of Louisiana · Apr 5, 1974

Judge Jameson clearly recognized that two methods of calling a constitutional convention are possible. … The Enabling Act does not, by its language, pretend to establish for all time the manner in which this new state should govern itself.

State v. Blanche

91 So. 3d 1189 · Louisiana Court of Appeal · Apr 11, 2012

The matter came on for trial before a six-person jury on June 29, 2010, where the following facts were established. … When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable

Mipro v. Lycée Francais De La Nouvelle-Orléans, Inc.

146 So. 3d 650 · Louisiana Court of Appeal · Jul 2, 2014

that the finding is clearly wrong (manifestly erroneous).” … Jeansonne was not hired for a fixed time period, and therefore qualifies as an “at will” employee. However, considering the verbal agreement between Mr. Schmolke and Ms.

State v. Lacoste

256 La. 697 · Supreme Court of Louisiana · Jun 29, 1970

There is absolutely no evidence in this record to indicate that any promises of immunity or reward were made to this defendant. … “Through testimony it was established that the bank had.a group of bills which they called bait money.

Johnson v. FID. & CAS. INS. CO. OF NY

618 So. 2d 651 · Louisiana Court of Appeal · May 5, 1993

An odd lot claimant need not be absolutely helpless to qualify for total disability. … Plaintiff in this instance does not meet the designated criteria established by the jurisprudence, and the evidence at trial establishes that there were a number of job descriptions which Mr.

Advantage Personnel & Louisiana Safety Ass'n of Timbermen v. Cleave

2013 La.App. 1 Cir. 1618 · Louisiana Court of Appeal · May 2, 2014

University, 01-0242 (La.App. 1 Cir. 3/28/02) , 819 So.2d 1059, 1065 (finding that Section 23:1102B’s consent and forfeiture provisions did not apply to a settlement with a party who was entitled to workers’ compensation immunity … the finding is clearly wrong.

Dye v. McKeithen

856 F. Supp. 303 · District Court, W.D. Louisiana · Jun 28, 1994

Clearly, the Vernon Parish School Board did not comply with the statutory mandate regarding the content of the required resolution, nor regarding its publication. … Qualifying for school board positions shall begin on the fourteenth day from the passing of the resolution and candidates shall have one week to qualify for the election.

Opinion Number

Louisiana Attorney General Reports · Sep 1, 1993

R.S. 23:101 (5) requires that the licensee of a private employment service business owned by a corporation must own at least 10% of the stock of a such corporation or whether an officer or director of such corporation may qualify … This conclusion follows from the respective spheres of corporate influence established by Louisiana laws on corporations.

Smith v. STATE, DEPARTMENT OF SOCIAL SERVICES AND EDUCATIONAL AND TREATMENT COUNCIL, INC.

806 So. 2d 126 · Louisiana Court of Appeal · Dec 28, 2001

Upon application of the tutor or parent who would otherwise be the proper plaintiff to sue pursuant to Paragraph B or C, the court shall appoint or substitute as the proper plaintiff the best qualified among the tutor, parent … However, the legislature has established two exceptions to the one year prescriptive period for minors in cases of sexual abuse.

Elkins v. Townsend

182 F. Supp. 861 · District Court, W.D. Louisiana · Apr 7, 1960

Laura Stell Townsend in having her qualified as guardian for her children. He likewise had prepared the act of renunciation on behalf of Mrs. Nancy Stell, and was also the attorney for Mr. … For these reasons, therefore, we believe the instrument under consideration by and of itself clearly requires that there be judgment for defendants.

Richard v. Artigue

2011 La.App. 3 Cir. 1471 · Louisiana Court of Appeal · Apr 4, 2012

that the fact finder is clearly wrong or manifestly erroneous. … Her former job qualifies as sedentary work. The accident occurred in October, 2007, and Richard did not cease working until early in 2010 when she was fired by the Lynd Company.

Giamanco v. Giamanco

131 So. 2d 159 · Louisiana Court of Appeal · Jun 19, 1961

The Article of the Code clearly contemplates proof on both sides; and the presumption from the fact above mentioned, if it exists, is certainly a very light one. … Gremillion who was qualified as an expert building contractor. His estimate was that the construction costs of the original restaurant building were $34,500.

McKendall v. United States

District Court, E.D. Louisiana · Feb 18, 2025

waiver of sovereign immunity. … knowledge” of his claim within two years from the date of the injury.93 Plaintiff mentions the discovery rule and argues that “the time limit may begin when the claimant reasonably discovers the issue.”94 Plaintiff does not clearly

AE Landvoigt, Inc. v. LOUISIANA STATE EMP. RETIREMENT SYSTEM

337 So. 2d 881 · Louisiana Court of Appeal · Dec 3, 1976

It is conceded that Appellant has not qualified to do business here. … Appellant has failed to establish loss of profits with that degree of certainty legally *887 required.

State Farm Mutual Automobile ins.co. A/S/O Jason J. Lopez v. Dustin P. Smith

Louisiana Court of Appeal · Mar 9, 2011

McMannus 3 qualified as a proper witness under the business records exception and that her testimony was adequate to establish a foundation for the introduction of the evidence … fact finder is clearly wrong or manifestly erroneous.

BP Oil Co. v. Plaquemines Parish Gov.

651 So. 2d 1322 · Supreme Court of Louisiana · Jan 27, 1995

Nevertheless, the final bill clearly did not achieve that objective. … There clearly was a genuine issue of material fact as to BP's good-faith belief that it had fulfilled its tax obligation.