Case law

Jeane v. Byrd Regional Hospital

10 La.App. 3 Cir. 0867 · Louisiana Court of Appeal · Mar 9, 2011

Futrell noted that two hospitals in Alexandria, Louisiana, were qualified to properly treat Mr. Jeane, as was the LSU Medical School in Shreveport, Louisiana. … However, reversal is required when this court finds that the trial court’s verdict was clearly without evidentiary support, or clearly wrong based on the evidence.

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.

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).

Police Jury ex rel. New Orleans, Opelousas & Great Western Railroad v. Succession of McDonogh

8 La. Ann. 341 · Supreme Court of Louisiana · Jun 15, 1853

Erancisville, and its establishment at another point in the parish of West Feliciana, was submitted to the vote of the people of the parish. Acts of 1839, p. 53. … In just deference to a co-ordinate department of the government, it is always to be presumed that a statute is conformable to the Constitution, and has the force of law, until the contrary is clearly shown. Norwich v.

Callison v. Livingston Timber, Inc.

849 So. 2d 649 · Louisiana Court of Appeal · May 9, 2003

R.S. 3:4278.1 because the court found that there were no demarcations of the property lines except the iron stakes and that there was no evidence establishing that the defendants should have known they had transgressed the … Guidry's trial testimony reveals that he testified at trial that he was not a commercial forester and was not qualified to render an opinion as to the fair market value of the timber removed from the property.

State v. Massey

436 So. 2d 522 · Supreme Court of Louisiana · Jun 27, 1983

He further admitted that he was not qualified to give an opinion on defendant's state of intoxication since he too had been drinking. Sal Cusimano, the owner and operator of Sal's and Q.C.' … We find that neither of the remaining assignments of error present reversible error, nor do they involve legal issues not governed by clearly established principles of law.

Parnell v. Reed & Sims, Inc.

428 So. 2d 899 · Louisiana Court of Appeal · Feb 22, 1983

Goldsby admitted he was not qualified to express an opinion as to whether plaintiff could handle a chain saw, though he expressed some doubt as to whether plaintiff’s grip would be adequate. Dr. … Nevertheless, the court still assessed the penalties and attorney’s fees since “the law is well settled as applied to the established facts.”

Coyle Lines Inc. v. United States

115 F. Supp. 272 · District Court, E.D. Louisiana · Sep 25, 1953

This is clearly the significance of the requirement in both statutes that courts consider the whole record. * * * “To be sure, the requirement for canvassing ‘the whole record’ in order to ascertain substantiality does not … A carrier first in business has no immunity against future competition. Chesapeake & Ohio Ry. Co. v. United States, 283 U.S. 35, 42 , 51 S.Ct. 337 , 75 L.Ed. 824 ; North Coast Transportation Co. v.

Anderson v. Beauregard Memorial Hosp.

709 So. 2d 283 · Louisiana Court of Appeal · Mar 6, 1998

We, too, will use the date the plaintiff learned of the diagnosis to establish the commencement of the running of prescription. … The decision reached by the trial court will not be disturbed on appeal unless it is clearly erroneous and involves a misunderstanding of the law. Id. We agree with the trial court that on the issue of prescription Dr.

Whittington v. Sowela Technical Institute

438 So. 2d 236 · Louisiana Court of Appeal · Sep 16, 1983

This sanction clearly impresses us of the close educational function assigned to this activity and the high priority established by the school to attend. … The evidence as a whole clearly establishes the independent negligence of Sowela.

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

In Re Abdo

852 So. 2d 513 · Louisiana Court of Appeal · Jul 9, 2003

It is well settled that a court of appeal may not set aside a trial court's finding of fact in the absence of "manifest error" or unless it is "clearly wrong." … Abdo's respiratory arrest and was not qualified to opine regarding the cause of Mr. Abdo's respiratory arrest. [6] It makes no difference whether this judgment was with or without prejudice.

United States v. Louisiana

952 F. Supp. 1151 · District Court, W.D. Louisiana · Jan 24, 1997

Lopez, Clark, and Allen clearly counsel otherwise. … Three well-established principles guide our analysis.

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.

King v. Parish National Bank

885 So. 2d 540 · Supreme Court of Louisiana · Oct 19, 2004

requiring him to obtain and pay for so-called "current" appraisals, (2) by failing to afford him the opportunity to select and/or utilize an appraisal service, and/or appraiser who was knowledgeable, experienced, competent and qualified … In the present case, defendants argue that King's cause of action arising from defendants' alleged bad faith dealings in the 1993 workout is clearly a lender liability claim based on oral representations and course of dealing

Pino v. Gauthier

633 So. 2d 638 · Louisiana Court of Appeal · Dec 29, 1993

Michie has been qualified by state courts in the field of highway safety engineering and highway accident reconstruction. Dr. … that the finding is clearly wrong (manifestly erroneous).

Succession of Montegut

480 So. 2d 1045 · Louisiana Court of Appeal · Dec 16, 1985

Criswell Montegut, appellee, was appointed and qualified as the dative testamentary executor of the succession of Marjorie Henry Montegut, following which the two cases were consolidated. Mrs. … The deceased herein clearly refers to the “batture fronting the lot on which my home is located.”

Richards

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

Applicable Law & Analysis The LPLA “establishes the exclusive theories of liability for manufacturers for damage caused by their products.” La. R.S. § 9:2800.52. … Rev. 565, 575–76 (1989) (“[A] seller may be the only defendant available . . . if the alien manufacturer, because of his foreign status, is not subject to service of process or is immune from enforcement of a judgment.

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.

United States v. State of La.

952 F. Supp. 1151 · District Court, W.D. Louisiana · Jan 24, 1997

Lopez, Clark, and Allen clearly counsel otherwise. … Three well-established principles guide our analysis.