Case law

Mose v. Brewer

428 So. 2d 1212 · Louisiana Court of Appeal · Mar 9, 1983

Seabury is equivocal and does not establish causal connection within reasonable medical certainty. We do not find the testimony of Dr. Seabury equivocal. … Prosser was qualified as an expert endocronologist with a specialty in diabetes. He has had only three years in private practice. Dr.

Buisson v. Huard

106 La. 768 · Supreme Court of Louisiana · Nov 15, 1901

Complete immunity is confined to cases where the public service or the due administration of justice require it. … public do not require that the speaker should be freed from all responsibility, but merely requires that he should be protected so far as he is speaking honestly for the common good, in these the privilege is said to be qualified

Collier v. Collier

790 So. 2d 759 · Louisiana Court of Appeal · Jul 18, 2001

We need not consider whether the record establishes a value for goodwill because we find Mr. Wright's reasons for his expert opinion patently unsound. Mr. … Clearly, Mr. Collier is a professional engineer.

State v. Hearold

603 So. 2d 731 · Supreme Court of Louisiana · Jun 29, 1992

The hearsay testimony by Officer Benjamin about information received from an out-of-court declarant served no other purpose than to show by improper evidence that defendant was a drug dealer and was thus clearly inadmissable … The court of appeal correctly held this statement was inadmissible hearsay evidence that did not qualify under the co-conspiratory exception to the hearsay rule. Nevertheless, that statement did get before the jury.

Int'l Marine, LLC v. Integrity Fisheries, Inc.

327 F. Supp. 3d 952 · District Court, E.D. Louisiana · Feb 28, 2018

Furthermore, the liability for which Tesla and International seek coverage clearly did not arise out of Integrity or Sea Eagle's work. … The first of these criteria is easily met, as the MSAs clearly relate to Integrity and Sea Eagle's business.

State v. Crawford

95 La.App. 3 Cir. 1352 · Louisiana Court of Appeal · Apr 3, 1996

The Reaves court found the testimony qualified under the excited utterance exception. … Both of these facts were established in the instant case as well.

State v. Lassere

683 So. 2d 812 · Louisiana Court of Appeal · Oct 1, 1996

Detective Gonzales, who was qualified as an expert witness in the field of narcotics investigation and trafficking, testified at trial that possession of one to three grams of cocaine is consistent with personal use. … Clearly, the evidence seized by the officers was as the result of a search incident to a lawful arrest. Such a search is constitutionally reasonable under the Fourth Amendment.

Parfait v. Transocean Offshore, Inc.

950 So. 2d 8 · Louisiana Court of Appeal · Jan 5, 2007

The factfinder's factual determinations may not be disturbed on appeal unless they are clearly wrong. … clearly wrong or manifestly erroneous.

Leitz v. Rosenthal

166 So. 651 · Louisiana Court of Appeal · Mar 23, 1936

The speed limit as established by the municipal ordinance was 30 miles per hour. According to the testimony of Dr. … A number of witnesses were presented by defendant; four in all qualified as expert automobile mechanics, each of whom testified that there was little or nothing that one could do to control the movement of an automobile which

Shaheen v. Khan

13 La.App. 5 Cir. 998 · Louisiana Court of Appeal · May 21, 2014

the trial court; and 2) The appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). … The appellee first objects to the admission of the translation of the marriage contract as inadmissible hearsay, as the expert/translator provided only an attached affidavit and did not qualify as required under La.

Succession of Netterville

579 So. 2d 1046 · Louisiana Court of Appeal · Apr 16, 1991

The appellant argues that the Retirement Equity Act of 1984 (REA) clearly expresses Congress' intention to preempt state community property laws. We disagree. … The legislative history of the REA indicates, in general, that the bill creates an exception to 29 U.S.C. 1144(a), ERISA's preemption provision, with respect to certain domestic relations orders called Qualified Domestic

Talley v. Succession of Stuckey

604 So. 2d 1375 · Louisiana Court of Appeal · Jul 8, 1992

The court also found the classifications were consistent with a design to qualify entitlements of benefits upon a child’s dependency at the time of the parent’s death. … We find this is clearly a legitimate state interest.

Body by Cook, Inc. v. State Farm Mut. Auto. Ins. Co.

355 F. Supp. 3d 533 · District Court, E.D. Louisiana · Nov 16, 2018

, despite its many attempts to contract with State Farm, State Farm has "refused to contract with Plaintiff[ ] but ha[s] continued to contract with-and make itself available to contract with-similarly situated or lesser qualified … 60 There is no dispute that State Farm sent BBC another letter on March 5, 2014, advising BBC that State Farm was not considering its facility for the Select Service Program at that time. 61 State Farm's letters to BBC clearly

Scott v. Red River Waterway Commission

926 So. 2d 830 · Louisiana Court of Appeal · Apr 12, 2006

Sureties and contractors executing payment bonds for public works contracts under this Part shall be immune from liability for or payment of any claims not required by this Part. D. … Nevertheless, that contract, which was between Plaquemines and Continental, established a legal suretyship in the City's favor governed under the Public Works Act as explained by the foregoing jurisprudence.

State v. George

855 So. 2d 861 · Louisiana Court of Appeal · Sep 24, 2003

Aggravated kidnaping is the doing of any of the following acts with the intent thereby to force the victim, or some other person, to give up anything of apparent present or prospective value, or to grant any advantage or immunity … Clearly these events constituted one continuing transaction.

Inzinna v. Guitreau

272 So. 3d 582 · Louisiana Court of Appeal · Feb 22, 2019

Guitreau was acting with reckless disregard for the safety of others and thus not entitled to immunity under La. R.S. 32:24. … Second, this court must determine that the record establishes that the finding is clearly wrong (manifestly erroneous). Id. This test requires this court to review the record in its entirety to determine manifest error.

Rebouche v. Anderson

505 So. 2d 808 · Louisiana Court of Appeal · Apr 1, 1987

The trial court found that she did not and that finding is entitled to great weight and is not to be overturned unless shown to be clearly wrong. … Finally, the court reasoned that if litigants were afforded an adequate supply of highly qualified polygraph experts, extensive procedural safeguards should be established, either by court rule or legislation, before the

Boylston v. Tidwell

852 So. 2d 1256 · Louisiana Court of Appeal · Aug 22, 2003

Captain Moon, an expert in fire investigation, established that fire requires a fuel source and ignition. He | fifound that in this case, the fuel was gasoline vapors. … Boylston’s reliance upon the charge to support the granting of a new trial clearly lacks merit.

U.S. Equal Employment Opportunity Commission v. Council for the Advancement of Social Services and Education d/b/a CASSE Community Health Institute

District Court, W.D. Louisiana · Jan 5, 2026

Chumley’s comment, the third element of the retaliation claim is clearly met. Therefore, the EEOC has established a prima facie case for the retaliation claim. … Therefore, the EEOC has established that Johnson was qualified.

Brown v. Williams

District Court, E.D. Louisiana · Oct 28, 2024

A legally sufficient complaint must establish more than a “sheer possibility” that the party’s claim is true. See Iqbal, 556 U.S. at 678. … But neither Daves nor Arnone purports to overturn Burge, and “[a]n ‘en banc’ decision cannot overturn a binding published panel decision unless it does so clearly.” United States v.