Case law

Belanger v. Keydril Co.

596 F. Supp. 823 · District Court, E.D. Louisiana · Oct 23, 1984

If the plaintiff establishes a prima facie case, a presumption that the employer discriminated arises. … Bohrer cannot be read as overruling the dual requirement established in Reeves .

Johnson v. Scimed, Inc.

92 F. Supp. 2d 587 · District Court, W.D. Louisiana · Mar 15, 2000

The removing party (Scimed) bears the burden of establishing “that there is absolutely no possibility that the plaintiff will be able to establish a cause of action” against the non-diverse defendant. Green v. … Judge Parker disagreed, holding that the allegations of the original state court petition clearly alleged facts which supported a medical malpractice cause of action.

Eros Pellerin v. Foster Farms, L.L.C.

Louisiana Court of Appeal · Jan 11, 2023

Patrick being qualified to give an expert opinion as to the cause of the blowout. Furthermore, it strains credulity for plaintiff to argue on the one hand that Mr. … Clearly, considering the unrefuted evidence submitted to the trial court, plaintiff lacks the factual support necessary to show that he would be able to meet the burden of proving the element of cause-in-fact at a trial

State v. Moore

920 So. 2d 334 · Louisiana Court of Appeal · Jan 13, 2006

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … And what experience do you have if you think it qualifies you to present a defense at a trial? By Mr. Moore: Sir, I know this right here. I know that Mr. Nolen, Mr., Mr.

Anthony T. Straughter, Deron Alexander and Russell Bickham v. Occidental Fire & Casualty Company of North Carolina, the Trinity System, Inc., and Aaron Matthew White

Louisiana Court of Appeal · Oct 9, 2025

In addition, Defendants requested reasonable attorney fees and costs. 3 Louisiana Revised Statutes 9:2800.10 is titled “Immunity from liability for injuries sustained while committing a felony offense.” … C.C.P. art. 2004 establishes, the peremptive period begins with “the discovery . . . of the fraud or ill practices.” For purposes of La.

Rachal ex rel. Regan v. State ex rel. Department of Health & Hospitals

2009 La.App. 1 Cir. 0786 · Louisiana Court of Appeal · Oct 27, 2009

[[Image here]] (2) Any fee authorized by and imposed pursuant to this Section shall be considered an allowable cost for purposes of | insurance or other third party reimbursements and shall be included in the establishment … R.S. 47:8054(G)(l)(a) would have clearly been unnecessary and superfluous, as the Department would have owed a similar duty relating to hospital patients under La. C.C. arts. 2302 and 2303.

Succession of Müh

35 La. Ann. 394 · Supreme Court of Louisiana · Mar 15, 1883

All the numerous counsel treat the adjective “important” as qualifying “ words.” … In the recent case of Woodward in re, Lord Penzance placed the point of ascertaining the precise purpose of a testator in tearing, cutting,- or obliterating any particular portion of a will very clearly.

State ex rel. B.L.P.

96 La.App. 1 Cir. 1790 · Louisiana Court of Appeal · Oct 24, 1996

(g) According to expert testimony or proof of an established pattern of behavior, termination of parental rights and adoption are in the child’s best interest. … Dorothy Jones, a former client service worker, helped M.F.P. get the children immunized, as well as, obtain housing, furniture and clothing. Ms. Jones testified she would periodically go over a chore list with M.F.P.

Husband v. TENET HEALTH. MEMOR. MED. CENTER

16 So. 3d 1220 · Louisiana Court of Appeal · Aug 12, 2009

wrong based on the evidence, or clearly without evidentiary support." … Article 591(A) provides that a civil action must first meet five prerequisites to qualify for class certification.

State v. Brown

445 So. 2d 456 · Louisiana Court of Appeal · Jan 10, 1984

It is clearly established by the record, although not conceded by the state, that insufficient probable cause existed to arrest the defendant for arson. … of establishing that the confession was voluntary, still retains that burden.

Fitzmorris v. Lambert

382 So. 2d 169 · Louisiana Court of Appeal · Nov 17, 1979

The burden of proof rests heavily upon one who attacks the statute to establish its unconstitutionality. Jefferson v. Sharlo Corporation, 283 So.2d 246 (La.1973). … An examination of the record herein shows clearly that the lower court permitted no less than six supplemental and amending petitions to be filed and admitted *173 evidence thereon.

Kennedy v. Johnson Lumber Co.

33 So. 2d 558 · Louisiana Court of Appeal · Apr 23, 1947

within its beneficent provisions. [4-6] It is elemental that as one of the prerequisites to the formation of a legal contract of hiring, as well as all other contracts, the parties thereto must be legally competent and qualified … The principle of law applicable to this case is also tersely but clearly expressed in Kelly v.

Gruver v. State of Louisiana through the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College

District Court, M.D. Louisiana · Jul 19, 2019

its constitutional immunity.’” … Amendment Immunity.

Jenkins v. Safeco Insurance Co. of America

520 So. 2d 786 · Louisiana Court of Appeal · Nov 4, 1987

Wilkerson, III, of Central Hospital, a qualified expert in internal medicine, treated Mrs. Jenkins at this time. He diagnosed her as having chemical hepatitus and thyrotoxicosis. … An appellate court can disturb an award made by the trial court only where the record clearly reveals that the trier of fact abused its great discretion. Gonzalas v.

Loconte Partners, LLC v. Montgomery & Associates, Inc.

2012 La.App. 4 Cir. 0691 · Louisiana Court of Appeal · May 15, 2013

Feddeck, the plaintiffs expert, was qualified to give opinion testimony only as to lightweight insulated concrete roofs, not SPF roofs. Mr. Shearer is a chemist whom Mr. … Our review of the record demonstrates that the evidence clearly supports that verdict.

McMahon v. Regional Transit Authority

704 So. 2d 392 · Louisiana Court of Appeal · Dec 10, 1997

Garey replied, “No, I’m going to have to qualify that. Marijuana can do that in monkeys. That is the only evidence in primates that this actually occurs.” … Having found that the evidence produced at trial establishes that the defendants are responsible for the full extent of Ms.

Gosserand v. City of Gretna

9 La. App. 554 · Louisiana Court of Appeal · Oct 29, 1928

In such penalty, with such sureties and conditioned as may be prescribed by ordinance and shall hold their offices for two years and until their successors shall be elected and qualified. … It will be noted that Act 89 of 1921 does not penalize all proceedings with nullity for such failure and we cannot decree such a penalty where the act of the municipality was clearly within its specified powers, and one clearly

Authenment v. Ingram Barge Co.

878 F. Supp. 2d 672 · District Court, E.D. Louisiana · Jul 13, 2012

Whether the Rules Clearly Address Whether a Non-Signatory May be Bound to Arbitrate The Court finds that West of England’s Rules prior to 1989 did not clearly address whether a non-signatory may be bound to arbitrate. … As amended in 1989, however, the Rules clearly contemplated binding a non-signatory to arbitration.

Succession of Samuel

2013 La.App. 4 Cir. 1677 · Louisiana Court of Appeal · Jul 23, 2014

The standard of review of a trial court’s finding of facts supporting prescription is that the appellate court should not disturb the finding of the trial court unless it is clearly wrong. … R.S. 9:5647 specifically establishes the prescriptive period to set aside an instrument executed under authority of an invalid power of attorney.

State v. Haynes

339 So. 2d 328 · Supreme Court of Louisiana · Nov 8, 1976

The witness's answer, "We were struggling" clearly demonstrates that the question did not elicit opinion testimony. The witness properly testified as to facts within her knowledge. … The testimony adduced at trial establishes that the defendant waived his rights knowingly and voluntarily.