Case law

Smith v. LOUISIANA HEALTH & HUMAN RES.

637 So. 2d 1177 · Louisiana Court of Appeal · May 18, 1994

Krebs clearly was a well-qualified expert witness. … that the finding is clearly wrong (manifestly erroneous).

Barlow v. BP Exploration & Production, Inc

District Court, E.D. Louisiana · Aug 9, 2022

, discretionary function immunity, and the implied conflict preemption doctrine. … Seaman Status To qualify as a Jones Act seaman, a worker must “contribute[] to the vessel or to the accomplishment of its mission.”

Cudd v. Great American Insurance Company

202 F. Supp. 237 · District Court, W.D. Louisiana · Feb 21, 1962

D.Penn., 1958), the Court held that, notwithstanding the third-party defendant’s immunity from judgment, but recognizing that an injured party can make but one recovery and invoking principles of equity, the amount paid to … Mitigation of damages has been held allowable where the relationship of joint tort-feasors has not been judicially established.

Wagoner v. CHEVRON USA INC.

55 So. 3d 12 · Louisiana Court of Appeal · Nov 24, 2010

Plaintiffs urge that the economic benefit reaped by defendants qualifies as a civil fruit under La. C.C. art. 551. La. … The burden of proof of establishing the exception of no right of action is on the exceptor. City of New Orleans v.

State ex rel. Department of Highways v. Smith

270 So. 2d 178 · Louisiana Court of Appeal · Nov 13, 1972

The record establishes that to restore the premises to the former condition, extensive repair of the pond will be required. … The trial court’s reasons for judgment clearly indicate he did not fix the fees in this instance purely on the contract agreement between defendant and defendant’s experts.

Odell v. Odell

14 La.App. 3 Cir. 250 · Louisiana Court of Appeal · Jun 4, 2014

The trial court clearly erred as a matter of law in awarding attorney’s fees purportedly under R.S. 9:355.6. Discussion Relocation Request Ms. … Kel-lerhuis would be qualified for a number of jobs in the Lafayette area, and she could earn a salary in the mid-$30,000 range. While Ms.

Durant v. Gretna City

District Court, E.D. Louisiana · Aug 27, 2021

Gretna, Chief Lawson, and “Unidentified Parties.”14 On November 4, 2019, Defendants filed a motion for summary judgment asserting qualified immunity.15 On January 17, 2020, the Court granted in part and denied in part Defendants … Defendants sought interlocutory review of this Court’s denial of qualified immunity, which the Fifth Circuit affirmed on September 23, 2020.16 On July

Rapides Central Ry. Co. v. Missouri-Pac. R. Co.

25 So. 2d 828 · Louisiana Court of Appeal · Mar 4, 1946

In order to qualify under defendants' theory of the right to expropriate, every railroad would have to prove its ability to carry passengers as well as freight, and, likely, going a step further would be forced to show that … It is well established that awards made by juries of freeholders of the vicinage will be disturbed only in cases of manifest error.

Best v. State Farm Fire and Cas. Co.

969 So. 2d 671 · Louisiana Court of Appeal · Oct 10, 2007

In order to satisfy the aforementioned conditions, the insured need not establish that the wind actually created a hole in the structure, but instead must only demonstrate that the direct force of the wind created an opening … Thus, in accord with general rules of proximate cause, water entering a structure through a breach caused by the impact of a wind-blown object qualifies as damage by wind, bringing the loss under the policy coverage.

Eicher v. LA. STATE POLICE, RIVERBOAT GAMING ENFOR. DIV.

710 So. 2d 799 · Louisiana Court of Appeal · Feb 20, 1998

award a license or permit to any person who is disqualified on the basis of any of the following criteria: .... (3) The conviction of or a plea of guilty or nolo contendere by the applicant, or of any person required to be qualified … provision in this opinion will be to its current designation. [2] By Act 7 of the First Extraordinary Session of 1996, the Louisiana legislature enacted the provisions of LSA-R.S. 27:1 et seq., effective May 1, 1996, which established

State v. Sneed

571 So. 2d 735 · Louisiana Court of Appeal · Dec 5, 1990

Stinnett's testimony as to the race of his neighbor was clearly harmless and thus not grounds for reversal. LSA-C.Cr.P. Art. 921. This assignment of error lacks merit. … Specifically, defendants assert that a proper chain of custody had not been established prior to the admission of 20 various exhibits.

State v. Hankton

719 So. 2d 546 · Louisiana Court of Appeal · Sep 16, 1998

Paul McGarry, qualified as an expert in forensic pathology, testified that Stevenson's death was caused by multiple gunshot wounds. One shot to the head and one to the heart had penetrated his body deeply. … Although there was some confusion as to whether Deal told Beard that Hankton was a suspect before she chose his picture, she clearly stated repeatedly that she had chosen the picture because it was a picture of the man who

Shoreline Oil Corporation v. Guy

189 So. 348 · Louisiana Court of Appeal · Mar 31, 1939

one-half interest in and to the following described property, to-wit: * * * There follows an exact description of the various tracts described in the mineral lease from Harrell to Hardy, supra, which is followed by this qualifying … The record clearly negatives that he thought he had done so.

State of Louisiana v. Gerald P. Burns

Louisiana Court of Appeal · Jun 30, 2021

The state argues Burns fails to show by clear and convincing evidence that his mental illness qualifies as an exceptional circumstance warranting a downward departure from the constitutional minimum sentence. … The record does not establish that Burns is under constant supervision, which is what would be required to prevent another offense such as the one perpetrated on M.A.

Wilson v. Ogden

District Court, W.D. Louisiana · Aug 26, 2024

To overcome an officer’s claim of qualified immunity, a plaintiff must show “(1) an injury, (2) which resulted directly and only from a use of force that was clearly excessive, and (3) the excessiveness of which was clearly

Akula v. Cassidy

District Court, E.D. Louisiana · Apr 10, 2024

from suit pursuant to the doctrines of absolute, qualified, or sovereign immunity, and because Plaintiff’s claims are now barred under Heck v. … Humphrey, the Supreme Court established that, before ruling on a Section 1983 claim to recover damages for “harm caused by actions whose unlawfulness would render a conviction or sentence invalid,” “the district court must

Brooks v. Leggett & Platt, Inc.

94 La.App. 1 Cir. 0617 · Louisiana Court of Appeal · Nov 9, 1995

Section 1121(D) clearly indicates that the consultation and examination conducted by a physician chosen by a claimant under the section shall be at the claimant's expense. … Accordingly, in order to establish an equitable determination of expert fees, the expert should present a basis in fact as to what his/her time is actually worth.

Muse v. Metropolitan Life Ins. Co.

193 La. 605 · Supreme Court of Louisiana · Oct 30, 1939

The policy, as written, clearly shows that liability for the loss of a member of the body is limited to the loss of that member “by severance”. … The language of the policy so clearly speaks the intent of the parties that there is no room left for speculation as to its meaning.

Koertge v. State Farm Fire and Casualty Insurance Company

266 So. 3d 441 · Louisiana Court of Appeal · Feb 27, 2019

Importantly, future medical expenses must be established with some degree of certainty. Menard , supra ; Terry , supra . … Harris was qualified and accepted as an expert in counseling and school psychology.

Koertge v. State Farm Fire and Casualty Insurance Company

266 So. 3d 441 · Louisiana Court of Appeal · Feb 27, 2019

Importantly, future medical expenses must be established with some degree of certainty. Menard , supra ; Terry , supra . … Harris was qualified and accepted as an expert in counseling and school psychology.