Case law

Harris v. Browning-Ferris Industries Chemical Services Inc.

635 F. Supp. 1202 · District Court, M.D. Louisiana · May 9, 1986

Thus, La.R.S. 32:79 sets forth the duty of care for a lead vehicle driving on a roadway laned for traffic as follows: Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following … Establishing of speed zones A.

Campbell v. Hospital Service District No. 1

862 So. 2d 338 · Louisiana Court of Appeal · Dec 10, 2003

Specifically, plaintiffs argue that the expert testimony clearly established that the standard of care for a patient like Mr. Campbell required the administration of heparin and aspirin in the *347 emergency room. … This qualified Mr. Campbell's condition as recurrent. For that diagnosis, the EMAJ article set forth a "rule" that required the administration of heparin and aspirin.

Roberts v. Owens-Corning Fiberglas Corp.

878 So. 2d 631 · Louisiana Court of Appeal · Apr 2, 2004

The first JNOV, however, clearly apportioned fault and the second JNOV clearly altered the terms of the first JNOV. … Richard Lemen, a qualified expert, testified about these reports. He opined that by 1940, and clearly by the mid-1950s, it was well established that there was a causal link between asbestos and lung cancer.

Futrell v. Hartford Accident & Indemnity Company

276 So. 2d 271 · Supreme Court of Louisiana · Mar 26, 1973

This rule was clearly established in Knispel v. … the same character as that which his training, education, and experience qualify him to perform, without unusual difficulty or danger.

Stelly v. Department of Public Safety and Corrections Louisiana State, Office of State Police

District Court, E.D. Louisiana · Dec 11, 2023

Biggins, 507 U.S. 604 (1993) (establishing this burden-shifting framework). … Stelly asserts he was “clearly more qualified” than Burns and Amin because he was listed higher on the “eligible list” for promotion based on his examination results and had more years of service in the LSP and as a lieutenant

State v. Pierre

2015 La.App. 4 Cir. 0293 · Louisiana Court of Appeal · Mar 23, 2016

Although the State does not clearly identify the provision of Article 579 upon which it relies to establish interruption, the State’s arguments appear to |7implicate both La.C.Cr.P. art. 579 A (2) and (3). … Defendant clearly failed, in this case, to comply with the requirements of La.

State v. Amos

97 La.App. 3 Cir. 1283 · Louisiana Court of Appeal · Apr 29, 1998

The test results of the defendant’s blood established his intoxication beyond the statutory limit. … Second, the record establishes that the district court did not give the defendant credit for time he spent in actual custody prior to the imposition of the sentence.

721 Bourbon, Inc. v. Willie's Chicken Shack, LLC

District Court, E.D. Louisiana · Feb 6, 2020

This doctrine was established by two 20 Gines v. D.R. … judicial bodies,31 does not qualify for Noerr-Pennington immunity “if it is a mere sham to cover an attempt to interfere directly with the business relationships of a competitor.”32 The sham exception applies in this

State v. Lampkin

253 La. 337 · Supreme Court of Louisiana · Jan 20, 1969

Lester” As already stated this bill of exception has merit for the additional reason that the affidavit and the warrant fail to clearly describe the premises to be searched. … The premises to be searched must be designated with such certainty that they are readily and easily identifiable by any officer qualified to execute the warrant.

State ex rel. A.V.

14 La.App. 5 Cir. 465 · Louisiana Court of Appeal · Oct 29, 2014

While the trial court was correct that the family did not qualify for many services, the record is clear that the state made sufficient efforts to help the family. Importantly, Ms. … DCFS clearly | ^established that at least one year has elapsed since the children were removed from the parents’ custody.

State v. Morris

770 So. 2d 908 · Louisiana Court of Appeal · Nov 3, 2000

However, as discussed later, defendant was clearly connected to those offenses through circumstantial evidence. … In addition to the testimony of their robbery plans by Green and Molden, Brett Wederstrandt's testimony clearly established that he had the reason and opportunity to commit the robber's features to memory and that he did;

Craft v. Max Access L L C

District Court, W.D. Louisiana · Aug 7, 2023

liability.2 In its First Affirmative Defense, Lemoine asserts that all of Plaintiffs’ claims against Lemoine are precluded by the exclusivity provisions in the Louisiana Worker’s Compensation Act (“LWCA”) because it qualifies … The Court refers to this concept of an exclusive remedy through worker’s compensation benefits as “tort immunity.”

State v. Nicholas

319 So. 2d 361 · Supreme Court of Louisiana · Oct 1, 1975

Lubin, a clinical psychologist whom the court qualified as an expert in his field, testified that with the authorization of defendant's attorney, he conducted a psychological evaluation of defendant. … That it was clearly and fully up to him."

Darbone v. State

2001 La.App. 3 Cir. 1196 · Louisiana Court of Appeal · Feb 6, 2002

He testified that he has been qualified as an expert in highway maintenance and highway safety in Louisiana courts. … Because the cap was to be established annually, application of the appropriate cap was established according to "the time of judicial demand."

D.O.H. v. T.L.H.

799 So. 2d 714 · Louisiana Court of Appeal · Oct 31, 2001

Rick Adams was not qualified to conduct the statutorily required treatment program. Dr. … The record also establishes a refusal on the mother’s part to facilitate a relationship between the children and the father.

Robertson v. Cumis Ins. Co.

355 So. 2d 1371 · Louisiana Court of Appeal · Mar 7, 1978

This seems to be so well established that we do not feel it requires further comment. See: Seaton v. Kelly, 339 So.2d 731 (La. 1976). … Young Robertson was not a "named insured" on the policy so the only way he could qualify would be as an "omnibus insured".

Drefchinski v. Regan

589 F. Supp. 1516 · District Court, W.D. Louisiana · Jun 25, 1984

Drefchinski did not indicate anywhere on the 1040 form that her war tax deduction was qualified in any way. … She cites several cases in an attempt to establish that a war tax deduction is not wholly without legal basis.

Seals v. Pittman

499 So. 2d 114 · Louisiana Court of Appeal · Oct 15, 1986

It is well established that the mere fact there was an unsatisfactory result does not establish negligence. Phelps v. Donaldson, 243 La. 1118 , 150 So.2d 35 (1963); Meyer v. St. … The evidence here clearly points to another such explanation other than surgical negligence. The evidence before the trier of fact clearly furnishes a reasonable basis for the conclusions reached by the jury.

Dobson v. Louisiana Power & Light Co.

567 So. 2d 569 · Supreme Court of Louisiana · Sep 6, 1990

As an important background fact, the evidence clearly established the great disparity of danger between "distribution" lines and "service" lines. … Further, a review of the law in this area shows the majority's holding clearly conflicts with the established jurisprudence. In Simon v.

Worsham v. Hanover Insurance Co.

378 So. 2d 1060 · Louisiana Court of Appeal · Dec 3, 1979

Coco re-emphasized that before an appellate court can change an award made by a trial court, the record must clearly reveal that the trier of fact abused his discretion in making the award. Reck v. … We have concluded from a totality of the testimony that plaintiff has failed to establish she had any lumbar back injury or elbow injury which was related to the accident.