Case law

Poynter v. United States

55 F. Supp. 2d 558 · District Court, W.D. Louisiana · Jun 29, 1999

The primary goal of the procedures established by the F.T.C.A. is to facilitate satisfactory administrative settlements. Johnson v. United States, 704 F.2d 1431 (9th Cir.1983). Mr. … Finally, Defendants contend that Plaintiffs’ F.T.C.A. claims are barred by the discretionary function exception to the F.T.C.A. 28 U.S.C. § 2680 (a) provides an exception to the general waiver of sovereign immunity under

LeBouef v. O'Donnell

12 La.App. 3 Cir. 514 · Louisiana Court of Appeal · Dec 12, 2012

LeBouef bore the burden of proof in establishing that prescription had not run when she joined Dr. O’Donnell to the litigation. Ms. LeBouefs pleadings establish that her claim against Dr. … It is well settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong,” and where there is conflict in the testimony, reasonable

State v. Clark

670 So. 2d 493 · Louisiana Court of Appeal · Feb 21, 1996

In an attack upon a legislative act as falling within an exception to the legislature's otherwise plenary power, an opponent must establish clearly and convincingly that the constitutional aim was to deny to the legislature … If the claimant qualifies to proceed in forma pauperis, no bond is required. La.R.S. 40:2612(E). Civil in personam proceedings are also authorized. La.R.S. 40:2613.

Chyrisse Staten, Individually, And O/B/O Mother, Margaret Staten v. Glenwood Regional Medical Center, Dr. Robin Sharp, Dr. Arthur Richert, Dr. Christopher Erikson, and all Other Unknown

Louisiana Court of Appeal · Jan 29, 2020

They argued that Chyrisse failed to establish any mandatory or discretionary grounds for granting a new trial. … First, the motion for summary judgment was not clearly contrary to the law and evidence, based on our previous discussion of the motion for summary judgment.

State Ex Rel. De Armas v. Platt

193 La. 928 · Supreme Court of Louisiana · Nov 27, 1939

Relators allege that on September 5, 1939, they were duly sworn and qualified by Honorable George P. … The presentment is immune. It is like the `hit and run' motorist. Before application can be made to suppress it, it is the subject of public gossip. The damage is done.

State v. Ferguson

240 La. 593 · Supreme Court of Louisiana · Nov 7, 1960

Counsel for appellant, in their vigorous argument *630 that the State has not established that the statements were free and voluntary, rely heavily on State v. … It has been twice decided that a charge, which lists all possible verdicts and defines the nature of a qualified verdict (as in this case), is sufficient in law. See State v.

State v. Dorsey

74 So. 3d 603 · Supreme Court of Louisiana · Sep 7, 2011

In the present case, we find Mouser’s voir dire testimony as a whole clearly shows her willingness to be a fair and impartial juror. … Wilson’s testimony is consistent with the physical evidence and clearly demonstrates he took part in the home invasion.

State v. Armant

719 So. 2d 510 · Louisiana Court of Appeal · May 27, 1998

Poche, the parish coroner, was qualified to serve on the sanity commission and to render an opinion as to defendant's capacity to proceed. The parties, in fact, stipulated to Dr. … Defendant understood the consequences of a guilty verdict, but considered himself immune from a conviction. In his opinion, defendant would not be able to assist counsel in locating and preparing witnesses. Dr.

Morris v. Coker

923 F. Supp. 2d 863 · District Court, W.D. Louisiana · Feb 11, 2013

Not every factor need be met in order to establish vicarious liability. Miller v. Keating, 349 So.2d 265, 268 (La.1977). … They argue that these cases establish that the words “the Insured” are ambiguous and therefore must be construed against the insurer.

Succession of Jeanine S. Passafume Vs.

Louisiana Court of Appeal · Dec 12, 2024

Generally, appellate court’s review of factual determinations is the manifest error-clearly wrong standard. Succession of Fanz, 2019-0503, p. 5 (La. App. 4 Cir. 1/29/20), 364 So.3d 119, 123 (quoting White v. … This Court explained that Louisiana statutory law establishes that the trial court has the authority to place legatees in possession of succession property upon the filing of petition for possession; after

Red River Water Commission v. Fredericks

546 So. 2d 904 · Louisiana Court of Appeal · Jun 28, 1989

little difficulty in finding that the building of an access road for the construction and maintenance of a lock and dam falls within the object and purpose of the Commission as defined by R.S. 34:2302, and this position is clearly … According to Grouchy, who was qualified at trial as an expert in civil engineering, the decision to expropriate the area in question for a roadway was a decision made by the Corps of Engineers and fully concurred in by the

Doe v. Jindal

851 F. Supp. 2d 995 · District Court, E.D. Louisiana · Mar 29, 2012

Hearsay evidence and unsworn documents do not qualify as competent opposing evidence. Martin v. John W. Stone Oil Distrib., Inc., 819 F.2d 547 , 549 (5th Cir.1987). … To repeat for emphasis, the Equal Protection Clause of the Fourteenth Amendment of the Constitution clearly and directly commands that no State shall “deny to any person within its jurisdiction the equal protection of the

Russo v. Kraus

2010 La.App. 4 Cir. 0178 · Louisiana Court of Appeal · Sep 29, 2010

[w]hen prescription is raised by peremptory exception, with evidence being introduced at the hearing on the exception, the trial court’s findings | sof fact on the issue of prescription are subject to the manifest error-clearly … Although we find that Kenyon was sufficient evidence for Arizona’s purposes to establish no insurance crisis existed in 1975, being the same time frame of when La.

Chenevert v. Hilton

2007 La.App. 3 Cir. 1223 · Louisiana Court of Appeal · Mar 5, 2008

Chenevert was qualified to receive social security disability payments from testifying to this fact." … that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity such officer shall not be held liable for any costs, including attorney's fees, unless such action was clearly

State v. White

247 La. 19 · Supreme Court of Louisiana · Dec 14, 1964

During the progress of the trial the State attempted to establish the serial number of an air conditioning unit. … We have examined the transcript and the testimony adduced, and find that there is evidence to establish the crime.

Rawle v. Jefferson & Plaquemines Drainage Dist.

187 La. 891 · Supreme Court of Louisiana · Jun 21, 1937

The procedure established by a constitutional amendment cannot be changed merely by a subsequent act of the Legislature. … This is clearly an attack upon the constitutionality of the bond issue, as Act No. 85 of 1934 is an amendment to the Constitution of 1921, the present Constitution of the state.

Cannella v. Gulf Refining Co.

154 So. 406 · Louisiana Court of Appeal · Apr 23, 1934

It is true that Adrian had been exposed to practically the same conditions for many years without injury, hut it would not he unreasonable to conclude that his immunity was because of the state of his health and his ability … The court finally concluded that the evidence did not establish that arsenical poisoning was a disease incidental to the occupation in question and affirmed the award in favor of the plaintiff.

Boykin v. PPG Industries, Inc.

2008 La.App. 3 Cir. 0117 · Louisiana Court of Appeal · Jun 18, 2008

In granting PPG's motion for summary judgment, the trial court stated that the depositions in evidence established that D & Z's training of Ms. … Boykin for any damages sustained due to the negligence of any other party. [5] Louisiana Civil Code Article 2323 requires this separate assessment even though D & Z may be immune from tort liability to Ms.

State ex rel. Board of Ethics for Elected Officials v. Green

540 So. 2d 1185 · Louisiana Court of Appeal · Feb 28, 1989

La.R.S. 18:1511.1 A provides: The Supervisory Committee on Campaign Finance Disclosure is established. … Board established. There is hereby established in the Department of Civil Service the Board of Ethics for Elected Officials to be domiciled in the city of Baton Rouge. B.

State v. Campbell

2015 La.App. 4 Cir. 0017 · Louisiana Court of Appeal · Jun 24, 2015

“The determination of credibility is a question of fact within the sound discretion of the trier of fact and will not be disturbed unless clearly contrary to the evidence.” Richards, supra (citing State v. … Neither officer was qualified as an expert; they both testified based on their experience as narcotics officers. 9 Sergeant O’Brien testified that “[i]nside one of the kitchen cabinets on top of the shelf there was two Good