Case law

Devall v. Depaula

96 La.App. 1 Cir. 1067 · Louisiana Court of Appeal · May 9, 1997

Proposals to amend or repeal this charter may be made both by the council and by petition signed by not less than twenty-five (25) percent of the qualified voters of the City. … The latter ordinance, in substantive part, was identical to the prior ordinance establishing the public safety department.

Clark v. Edwards

District Court, M.D. Louisiana · Jun 22, 2020

systems (including from smoking, cancer treatment, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or AIDS, or use of corticosteroids or other immune weakening medications), diabetes, serious … qualifying conditions.

Davidson v. Highland Superstores, Inc.

550 So. 2d 669 · Louisiana Court of Appeal · Aug 23, 1989

Tommy Mook, a licensed qualified physician specializing in the field of urology. Dr. Mook diagnosed a left inguinal hernia and recommended that plaintiff have it repaired. The plaintiff was then referred to Dr. … Knight clearly stated that not all hernias are symptomatic, and in many cases the symptoms may manifest themselves at a later time. Therefore, it was entirely possible that Mr.

Higginbotham v. Mobil Oil Corporation

360 F. Supp. 1140 · District Court, W.D. Louisiana · Jun 25, 1973

Francis Nell Higginbotham, is the duly qualified testamentary executrix of the Succession of Marshall K. … Higginbotham, the personal representative of his estate, and the duly qualified tutrix of Donna Joyce Higginbotham. 2. At the time of the accident, Marshall K.

State v. Campbell

461 So. 2d 644 · Louisiana Court of Appeal · Dec 28, 1984

He has also been qualified as an expert serologist several times before in East Baton Rouge Parish. Considering Mr. … In reviewing the record, the defendant clearly did not invoke his right to remain silent or his right to counsel.

Sass v. National Union Fire Insurance Co.

689 So. 2d 742 · Louisiana Court of Appeal · Mar 5, 1997

Moreover, the privilege created by the work-produet doctrine is qualified, not absolute. Hodges, 433 So.2d at 131 . Discovery statutes should be liberally construed to achieve their purpose. Hodges v. … In the instant case, clearly neither the statement nor the report sought by the plaintiffs was prepared by the defendants’ attorneys- or investigators in anticipation of litigation or in preparation for trial.

State v. Golden

2011 La.App. 4 Cir. 0735 · Louisiana Court of Appeal · May 23, 2012

Jeffery Louis Zander, a forensic toxicologist from Sacramento, California, was qualified as an expert in the field of forensic toxicology and in the analysis of | f,narcotics such as cocaine, heroin and Ecstasy. … Under these circumstances, we do not find that the defendant has established that this court’s prior, considered writ decision on the merits was patently erroneous and produced an unjust result.

Sewell v. United States

629 F. Supp. 448 · District Court, W.D. Louisiana · Feb 24, 1986

Holton, who was the only qualified radiologist who testified, was of the opinion that the bone scan and the x-rays taken at the VA were inconsistent. Dr. … The plaintiff, of course, carries the burden of establishing these damages by a preponderance of the evidence.

Economy Auto Salvage, Inc. v. Allstate Ins. Co.

499 So. 2d 963 · Louisiana Court of Appeal · Oct 8, 1986

Charles Warren Gunn, Allstate's commercial claims unit manager, testified that the purpose for the retroactive cancellation of authority was to establish a defense to this lawsuit. … This finding is based upon our decision that the bank as a beneficiary of the standard mortgage clause was immune from any defenses the insurer had against Economy.

Cheron v. LCS Corrections Services, Inc.

872 So. 2d 1094 · Louisiana Court of Appeal · May 14, 2004

Recognizing tort actions as being clearly civil matters, the court found that the CARP legislation violated the Constitution by allowing the Department to exercise original jurisdiction in tort actions and was "an invalid … Because the Department has not established available administrative remedies other than those established pursuant to CARP, the Department has not sustained its burden of establishing an available administrative remedy.

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.

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.

Louisiana Department of Insurance ex rel. Donelon v. Theriot

2010 La.App. 1 Cir. 1476 · Louisiana Court of Appeal · May 3, 2011

Clearly, this indicates that the legislature intended for auditees to cooperate "with the Auditor. … The legislature repeatedly employs the qualifier, “in the performance of his duties” when providing for the authority of the |14Auditor.

1100 South Jefferson Davis Parkway, LLC v. Williams

2014 La.App. 4 Cir. 1326 · Louisiana Court of Appeal · May 20, 2015

STANDARD OF REVIEW It is well-established that an appellate court may not set aside a trial court’s findings of fact in the absence of manifest error or unless it is clearly wrong. Howard v. Louisiana Citizens Prop. … As I mentioned to you, this is a state contract and my client has been qualified as the low bidder.

Robinson v. Calcasieu Parish School Board

District Court, W.D. Louisiana · Apr 22, 2022

Texas Workforce Com’n-Civil Rights Div., 775 F.3d 685 (5th Cir. 2014), “We have held that a plaintiff may establish pretext by demonstrating that he was ‘clearly better qualified’ such that ‘the qualifications are … Indeed, an employee’s “better education, work experience, and longer tenure with the company do not establish that he is clearly better qualified.” Price, 283 F.3d at 723.

Hibbert v. Mudd

294 So. 2d 518 · Supreme Court of Louisiana · Apr 29, 1974

No administrator was appointed or qualified. … No *523 administrator or other succession representative was ever appointed or qualified in the succession proceedings. Even if payment had been made by Hibbert, there was no person qualified to cash these checks.

Meyers v. Sabine Parish School Bd.

499 So. 2d 690 · Louisiana Court of Appeal · Dec 10, 1986

The school board insists that plaintiff's due process rights were honored and that plaintiff's guilt was established by substantial evidence. … She had worked as a teacher for thirty-one (31) years and indisputably qualified as a tenured or "permanent" teacher under LSA-R.S. 17:442. Zwolle Intermediate evidently has a cold gym.

Walters v. General Accident & Fire Assur. Corp., Ltd.

119 So. 2d 550 · Louisiana Court of Appeal · Mar 21, 1960

Writs were refused in the Beloney case and the jurisprudence therein established was reaffirmed in the later case of Smith v. Houston Fire & Casualty Ins. … Regardless of defendant's liability for compensation beyond the date suit was filed, it was clearly responsible for the medical expense it refused to pay and, under the circumstances shown, its refusal was arbitrary and plaintiff

Danny Demouchetversus Nexion Health Management, Inc.

Louisiana Court of Appeal · May 6, 2026

After noting that the management company met its burden of proof to establish it was a qualified health care provider (which the plaintiffs did not dispute), the court focused on whether the plaintiffs’ administrative negligence … App. 1 Cir. 12/27/23), 381 So.3d 98, 107 (“As the party filing the exception, the burden was on [the defendant] to prove prematurity and initial immunity from suit as a qualified health care provider under

State v. Ourso

2006 La.App. 1 Cir. 1467 · Louisiana Court of Appeal · Jun 8, 2007

R.S. 18:1505.2 clearly provides that the Board shall institute a civil proceeding for the collection of a civil penalty when the supervisory committee determines that a violation of Subsection H of the statute has *1066 occurred … candidates and committees that participate in a general election, he reporting period for the general election shall be deemed to begin the day following the primary election.” . " 'Spendthrift trust,' when used without other qualifying