Case law

Longman v. Allstate Ins. Co.

635 So. 2d 343 · Louisiana Court of Appeal · Mar 29, 1994

Opposing counsel objected to the question based on the fact that Deputy Bartholomew had not been qualified as an expert. … None of this evidence was sufficient to establish strict liability on the part of DOTD. Nor did the plaintiff present sufficient evidence to establish actionable negligence on the part of DOTD.

State v. Ragas

744 So. 2d 99 · Louisiana Court of Appeal · Jul 28, 1999

The evidence established that Mr. Ragas had the opportunity to commit the offense or offenses. … It is well-settled that credibility decisions by the jury should not be disturbed unless such finding is clearly contrary to the evidence. State v.

Bond v. Brookshire Grocery Co.

0 La.App. 3 Cir. 1607 · Louisiana Court of Appeal · Apr 4, 2001

“A trial judge has wide discretion in determining whether to allow a witness to testify as an expert, and his judgment will not be disturbed by an appellate court unless it is clearly erroneous.” Mistich v. … The Plaintiffs’ Requested Charge 19 tracked the proper statute, which was the 1990 revision. *714 Under the law prior to 1990, a plaintiff enjoyed a presumption of negligence once he established that his injury resulted from

New Orleans Redevelopment Authority v. Ovide

2003 La.App. 4 Cir. 0476 · Louisiana Court of Appeal · Mar 19, 2004

(b) The authority is authorized and empowered to establish programs for residential development, including but not limited to low interest rate home mortgage programs for qualified persons, by issuing mortgage revenue bonds … (b) The agency is authorized and empowered to establish programs for residential development, including but not limited to low interest rate home mortgage programs for qualified persons, by issuing mortgage revenue bonds

Turner v. Bucher

308 So. 2d 270 · Supreme Court of Louisiana · Jan 20, 1975

This Court found the evidence insufficient to establish that defendant's son was negligent, or at fault. In holding that the father was not liable, the Court stated: "... … We believe that our jurisprudence, the French jurisprudence and the French doctrine are all correct in finding that those minors incapable of discernment are immune from legal liability for delicts arising from negligence

Madden Gulf Coast LLC v. Hilark Industries, Inc.

District Court, E.D. Louisiana · Apr 16, 2025

Middleton now qualifies as an expert that was retained or specifically employed in preparation for trial and who is not expected to be called as a witness at trial. … Clearly then, as written, the requests to Middleton certainly request information that was prepared in anticipation of this litigation—at least in part. 2 The burden of establishing exceptional

State of Louisiana v. Jerry Glendon Modisette

Louisiana Court of Appeal · Nov 15, 2023

Modisette was not accepted into drug court because he was not qualified to participate due to a prior conviction involving a weapon. … An excessive sentence claim is reviewed by examining whether the trial court adequately considered the guidelines established in La. C. Cr.

Ernst v. Taylor

17 So. 3d 981 · Louisiana Court of Appeal · May 6, 2009

Ernst established the applicable standard of care required of Dr. Taylor, it found that he did not breach that standard of care in his treatment of her. IsMs. Ernst appeals the jury’s finding. … Clearly, Ms. Ernst’s current treatment and physical condition were discussed with Dr. Butler. As in Coutee, 895 So.2d 631 , proper discovery methods were not followed, with notice given to Ms.

PHAC Services, Inc. v. Seaways Intern., Inc.

393 So. 2d 117 · Louisiana Court of Appeal · Nov 10, 1980

The definition of what is a building qualifying as an immovable under Article 464 has not been expressed clearly in the law or jurisprudence. … Clearly within prevailing notions of contemporary society such a structure must be classified as a building. In Olsen v.

Vulcan Foundry, Inc. v. McNamara

414 So. 2d 1193 · Supreme Court of Louisiana · May 17, 1982

In so doing, we broadly construed the intent of the exemption in derogation of the well-established rule that exemptions from taxation are to be strictly construed and must be clearly and unequivocally and affirmatively established … Accordingly, we conclude that Vulcan failed to clearly, unequivocally and affirmatively establish it was entitled to this exemption from sales/use tax.

United States v. Bossier Parish School Board

220 F. Supp. 243 · District Court, W.D. Louisiana · Aug 20, 1963

Clearly, notwithstanding its protests to the contrary, the Government hiere is attempting to accomplish indirectly that which it cannot do directly, namely, to eliminate alleged discrimination against federal children on … The remaining interest it asserts-is that of preserving an efficient military establishment.

Vaughn v. Dis-Tran Steel, LLC

239 So. 3d 893 · Louisiana Court of Appeal · Feb 7, 2018

Thus, it would qualify as a controlled substance. … A panel of this court clearly defined the basis for an award of penalties and attorney fees in Landry v.

Foster v. Subsea International, Inc.

101 F. Supp. 2d 454 · District Court, E.D. Louisiana · Jul 27, 1998

Clearly, the definition of “insured” does not include “Alternate Employer’s.” … The American Empire insurance policy at issue clearly excludes coverage for longshoremen. Rec. Doc. No. 65 Ex. “E” pp. 1-2.

Glenn M. Hebert v. Louisiana Licensed Professional Voc. Rehab. Counselors

Louisiana Court of Appeal · Jan 23, 2008

Arceneaux urges, however, he is immune from suit and is entitled to rely on La.Code Civ.P. art. 971 in seeking to strike Mr. Hebert’s petition. First, we find Mr. … Hebert of his free speech right to express his opinion regarding a matter he is uniquely qualified to speak upon. We acknowledge the Board has an interest in promoting camaraderie among professional counselors.

Carballo v. Log Cabin Smokehouse

399 F. Supp. 2d 715 · District Court, M.D. Louisiana · Oct 28, 2005

The Court concludes that Carballo has established a prima facie case for pregnancy discrimination. First, Carballo was pregnant. Second, Carballo was qualified to perform her job as a waitress. … Clearly, a fact-finder can reach different conclusions of whether Carballo was discriminated against because of her pregnancy.

Mid-City Automotive, L.L.C. v. State of Louisiana, The Department of Public Safety & Corrections Office of State Police

Louisiana Court of Appeal · Apr 8, 2022

Sovereign immunity bars a court from exercising jurisdiction in suits against the state unless the state has elected to waive its immunity. See Coleman v. … relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed; ( 2) the merits and demerits must be weighed in each case by looking to the prior history of the rule in

Mid-City Automotive, L.L.C. v. State of Louisiana, The Department of Public Safety & Corrections Office of State Police

Louisiana Court of Appeal · Apr 8, 2022

Sovereign immunity bars a court from exercising jurisdiction in suits against the state unless the state has elected to waive its immunity. See Coleman v. … relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed; ( 2) the merits and demerits must be weighed in each case by looking to the prior history of the rule in

Vantage Health Plan, Inc. v. ACMG, Inc.

830 So. 2d 398 · Louisiana Court of Appeal · Oct 23, 2002

As such, the petition clearly falls under ERISA preemption. … Equitable Life Assurance Society of the United States, 841 F.2d 658 (5th Cir.1988) (third party administrator’s authority to grant or deny claims, to manage and disburse fund assets and to maintain claims files clearly qualifies

Boyd Louisiana Racing, Inc. v. Cynthia Bridges, Secretary, Department of Revenue and Taxation, State of Louisiana

Louisiana Court of Appeal · Jan 8, 2020

Absent evidence to the contrary, the language of the statute itself must clearly and unambiguously express the intent to apply to the property in question. … Further, the record establishes that Boyd Gaming had exclusive control of the concentrator account.

Kimble v. Georgia Pacific Corp.

245 F. Supp. 2d 862 · District Court, M.D. Louisiana · Nov 7, 2002

Only Plaintiffs November 1999 termination and disparate treatment with regard to Greg Stephens’ pay clearly fall within the allowable time period. … In order to establish a prima facie case of sex discrimination, Plaintiff must establish that: a.) she belongs to a protected group; b.) she was at all time qualified for the position; c.) she suffered an adverse employment