Case law

State ex rel. L.C.K. v. M.E.K.

799 So. 2d 555 · Louisiana Court of Appeal · Sep 26, 2001

Michelle Poe Triplett (“Triplett”), a licensed social worker qualified as an expert in social work, met MK and four of the girls in a therapeutic |7setting. … Clearly, too, the caseworker testimony revealed MK’s established and continued pattern of unwise relationship decisions which spanned a period of over five years and ultimately resulted in egregious harm to the girls.

Fuselier v. Amoco Production Co.

607 So. 2d 1044 · Louisiana Court of Appeal · Nov 4, 1992

The trial court considered Fuselier's contract work to be specialized per se after finding that Amoco did not have the qualified personnel or equipment to perform this type of work. … The trial court's finding of fact on this issue should be accorded great weight and should not be disturbed unless clearly erroneous.

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.

Mariano v. Tanner

497 So. 2d 1066 · Louisiana Court of Appeal · Nov 10, 1986

The testimony at trial established the following facts: On May 28, 1982, Mrs. … We find no merit to this contention as the record clearly reflects that counsel for the hospital, upon realizing his error, joined in the motion for a dismissal, which the trial court granted.

McNeely v. McNeely

50 La. Ann. 823 · Supreme Court of Louisiana · Jan 24, 1898

right to have said will probated and himself put in possession as testamentary executor on qualifying as well as to be recognized as universal legatee and put in possession of the estate. … The article in question, whatever may be its scope or interpretation, was clearly not intended to apply to a case where a succession is accepted under benefit of inventory, and where its property has never been placed in

Goldman v. Goldman

50 La. Ann. 29 · Supreme Court of Louisiana · Jun 22, 1897

From the foregoing statement two propositions are clearly established, viz.: (1) that the plaintiff is indebted to the defendant on a fair, final settlement of the partnership accounts in the full amount of the award, if … This situation of affairs is clearly shown in this case.

Landry v. Nobility Homes, Inc.

488 So. 2d 726 · Louisiana Court of Appeal · May 5, 1986

After reviewing the record of the evidence and testimony presented at trial, this court can not find any indication that the trial judge clearly erred in his factual conclusions. … Accordingly, these conclusions will not be disturbed since they are not clearly erroneous.

Citizens Sav. and Loan Ass'n v. Kinchen

622 So. 2d 662 · Supreme Court of Louisiana · Aug 2, 1993

Those facts are not sufficiently akin to the facts of the present case to qualify Fuselier as an example that should be followed here. … Under these circumstances, I believe Hart clearly subrogated his right to appoint an appraiser to Ritter and Kinchen, and retained no independent right to appoint an appraiser.

Badeaux v. St. Charles Parish Sheriff's Office

District Court, E.D. Louisiana · May 12, 2021

Cravero but neglecting to mention a clearly be read to state a baseline constitutional violation. In Steagald v. … Here, the plaintiff alleges no such deprivation. 4 This is to say nothing of the individual defendants’ qualified immunity, or the fact that the Sheriff’s Office is not a suable legal

Durham v. State ex rel. Department of Education

93 La.App. 3 Cir. 1627 · Louisiana Court of Appeal · Jun 22, 1994

employed in special education and related service programs in the state,” was intended to ensure that the students involved in such programs would be instructed by qualified teachers. … It was clearly not the legislative intent of the statutes that the State Department of Education have any duty to employ, supervise or protect the teachers involved in the program.

State Ex Rel. Hmd

35 So. 3d 426 · Louisiana Court of Appeal · Apr 7, 2010

Additionally, we review the trial court's findings of fact under a manifest error/clearly wrong standard. Id. The eight reasons listed in the state's petition for termination of J.D.' … Having concluded that the trial court was not clearly wrong in determining that a ground for termination exists, we turn to the "best interest" issue.

Hudnall v. Hudnall

2000 La.App. 1 Cir. 0330 · Louisiana Court of Appeal · May 11, 2001

The needs of this child clearly show a change in circumstances, thus establishing a presumption that Hadley's child support obligation must be modified and shifting the burden to Hadley to disprove the change or overcome … Gautreaux, III, qualified by the court as an accounting expert and called to testify on behalf of Dianne, Hadley's personal income tax returns failed to "clearly reflect his total income" for the years in question.

HANDY EX REL. HANDY v. Union Pacific R. Co.

896 So. 2d 316 · Louisiana Court of Appeal · Mar 2, 2005

896 So.2d 316 (2005) Christopher HANDY, through his legally qualified tutrix, Barbara HANDY and Jonathan Gay, Individually v. UNION PACIFIC RAILROAD COMPANY and Rodney J. Stutes, Jr. No. 04-1277. … Stutes' statement as being collected in the course of the investigation and that the statement sufficiently establishes the train speed to be within the posted federal speed limit of 60 m.p.h.

U.S. Equal Employment Opportunity Commission v. E.I. Du Pont de Nemours

347 F. Supp. 2d 284 · District Court, E.D. Louisiana · Oct 15, 2004

At the outset, the plaintiff must establish a prima facie case of a violation of the ADA. … Prong 2: Was Barrios “Qualified”? Only “qualified individuals with disabilities” are entitled to protection under the ADA. 42 U.S.C. § 12112 (a).

State v. Jackson

523 So. 2d 251 · Louisiana Court of Appeal · Feb 24, 1988

The advice of rights form clearly specifies that the defendant was being questioned about the armed robbery of Mr. Will Ross Henry. … Basically, the defendant objects to going outside the four corners of the form to establish that the defendant signed the form and to establish the date and time the form was signed.

Canales Martinez v. Dow Chemical Co.

219 F. Supp. 2d 719 · District Court, E.D. Louisiana · Jul 16, 2002

The substance of Batres’ affidavit is as follows: The Honduran civil courts clearly have jurisdiction over DBCP cases. … Dead Sea cooperated by waiving its sovereign immunity. 21 . Likewise, the instant motion, in which defendants argue that it would be more convenient for U.S.

Wallace v. Louisiana Citizens Property Insurance Corp.

2010 La.App. 4 Cir. 0647 · Louisiana Court of Appeal · Dec 6, 2010

Section A of article 591 provides that a civil action must first meet five prerequisites to qualify for class certification. … such is the preferred approach), we find that a determination under article 591 B first is sufficient to establish whether a plaintiff will ever be able to establish his right to class certification.

Thompson v. PetroUnited Terminals, Inc.

536 So. 2d 504 · Louisiana Court of Appeal · Nov 22, 1988

The facts in this case clearly establish that Elvin Hillard, Ervin Hillard and George Thompson were not told that the tank which they entered contained an explosive chemical. … The evidence clearly establishes that cleaning a tank containing a highly explosive chemical is inherently dangerous.

American Bakeries Co. v. Louisiana State Board of Health

186 La. 433 · Supreme Court of Louisiana · Feb 1, 1937

This clearly appears from the language of the article, which reads as follows: “Art. 215. … It may be assumed that the truck farmers have become so accustomed to the smell of rotten shrimp that they have become immune to that particular odor.

Dumas

District Court, M.D. Louisiana · Jan 23, 2026

Third, Plaintiff argues that Gautreaux acted with gross negligence by failing to read the documents relevant to the sale of Plaintiff’s property such that Gautreaux should not be entitled to qualified immunity. … Plaintiff argues: In this case defendant Gautreaux’s action clearly show gross negligence. Defendant Gautreaux received a Writ of Fieri Facias, a letter attached to the Writ from U.S.