Case law

Allen v. Graphic Packaging International, Inc.

211 So. 3d 1219 · Louisiana Court of Appeal · Jan 11, 2017

His time records clearly established he worked many hours at Graphic during the week of August 5-9. … He testified he later qualified for some social security disability benefits.

May v. SISTERS OF CHARITY OF INCARNATE WORD

651 So. 2d 375 · Louisiana Court of Appeal · Mar 1, 1995

Art. 966(B). *378 Because the mover has the burden of establishing that no material factual issue exists, inferences to be drawn from the underlying facts contained in the record must be reviewed in the light most favorable … When an employer seeks to avail himself of tort immunity under LSA-R.S. 23:1032, he has the burden of proving entitlement to immunity. Mundy v. Department of Health and Human Resources, 593 So.2d 346 (La.1992).

Hinyub v. Sloat

29 So. 2d 507 · Louisiana Court of Appeal · Mar 10, 1947

The list so filed shall be open to the inspection of any qualified voter at all times; in our case the qualified voter for a general election in the Town of Slidell. … It is our understanding of the jurisprudence dealing with election contest cases that it is incumbent on plaintiff to set out clearly in his petition the irregularities complained of.

Billeaudeau v. Opelousas General Hospital Authority

15 La.App. 3 Cir. 1034 · Louisiana Court of Appeal · Apr 6, 2016

Skir-lis-Zavala was qualified to practice emergency medicine in general básed on her education, experience, and certifications. … We will -not create law by judicial fiat when, as here, the legislature clearly failed to do so.

Tarver v. World Ship Supply, Inc.

615 So. 2d 423 · Louisiana Court of Appeal · Feb 26, 1993

Oreck: Two well established rules of statutory construction come into play when considering exclusions and exemptions. … Unquestionably, the items in question here qualify as "tangible personal property" under that definition.

Jackson v. Louisiana Power & Light

510 So. 2d 8 · Louisiana Court of Appeal · May 1, 1987

The jurisprudential and legislative history of this issue is clearly set forth in the opinion. … “The section [1061] makes no indication that this subject was intended to be resolved by its provisions, and until the jurisprudence established the principal’s tort immunity, no one would have concluded that it should be

Thomas v. Drew

240 So. 3d 980 · Louisiana Court of Appeal · Mar 7, 2018

Gros is qualified to offer an opinion as to whether Dr. Drew breached the standard of care regarding Mr. Thomas's post-operative care, we find that Dr. Gros's affidavit is insufficient to establish that Dr. … However, the record in this case clearly shows during the relevant period noted by Plaintiff's expert, the doctor mainly in charge of administering and supervising Thomas' recovery from the drugs listed by Plaintiff's expert

Hall v. Folger Coffee Co.

857 So. 2d 1234 · Louisiana Court of Appeal · Oct 1, 2003

Hall's statutory employer and thus immune from tort liability. Alternatively, Folger argues that the Halls failed to establish a prima facie case of liability or damages against it. … Applying the other duty-risk factors, Folger clearly owed a duty to Mr.

Davis v. Department of Police

590 So. 2d 850 · Louisiana Court of Appeal · Dec 11, 1991

Unless the record contains insufficient evidence to support the administrative decision or shows that the decision was clearly wrong, the decision must be affirmed. Id. … The commission was not required to prove that Davis violated a specific departmental rule in order to establish legal cause for the disciplinary action.

Boyd v. Cebalo

2015 La.App. 4 Cir. 1085 · Louisiana Court of Appeal · Mar 16, 2016

Boyd’s claims against Tulane for failing to state a cause of action, was clearly wrong. … As the Williams court recognized, a third-party’s criminal activity does not grant the university absolute immunity from liability. .

Succession of Fuller

480 So. 2d 754 · Louisiana Court of Appeal · Dec 4, 1985

Baggette was not qualified under the provisions of LSA-C.C.P. 3097. A hearing was held on September 25, 1984. … Not only is this required by law, it is clearly the custom in this state. See for example Form No. 816a, Form No. 816b, Vol. 11, C.C.P. Pleadings and Judicial Forms, page 116, et seq., and footnotes thereto.

Dupre v. Joe's Riverside Seafood, Inc.

578 So. 2d 158 · Louisiana Court of Appeal · Mar 28, 1991

(B) Limitation on qualified property. … All orders shall clearly specify the lot number and particulars of description of the property.

Lipsey v. DARDENNE

970 So. 2d 1237 · Louisiana Court of Appeal · Nov 29, 2007

To perform its constitutional duty properly, an appellate court must determine whether the trial court's conclusions were clearly wrong based on the evidence or clearly without evidentiary support. Id. … Hawkes) was a qualified voter.

GBT Realty Corp v. City of Shreveport

180 So. 3d 458 · Louisiana Court of Appeal · Sep 30, 2015

Further, the plaintiffs argue that the trial court erred in .concluding that the City did not cause their damages even if the City was not shielded by the immunity statute. … did not approve the site plan after it had been approved by the district court; instead, the retailer asked the plaintiffs to change the site plan’s proposed access to the property prior to agreeing to a L ¿final plan. 6 Clearly

Brittany Warren, obo Brennan Leblanc v. Trooper Andre Raoul Bezou, State of Louisiana through Louisiana Department of Public Safety and Corrections, Office of State Police

Louisiana Court of Appeal · Jul 27, 2023

The Louisiana Supreme Court has held that qualified immunity under La. R. … Our review of the record indicates that the Defendants established their entitlement to qualified

Sampson v. Schultz

242 So. 2d 363 · Louisiana Court of Appeal · Dec 11, 1970

person to test the noise level of these shaker tables; that such a test would have immediately established the need for ear protectors. … LSA-R.S. 23:1101 clearly gives the plaintiff a right of action: "When an injury for which compensation is payable under this Chapter has been sustained under circumstances creating in some person (in this Section referred

Western American Specialized Transportation Services, Inc. v. Chibberton

97 La.App. 5 Cir. 102 · Louisiana Court of Appeal · May 28, 1997

Public records and reports which are specifically excluded from the public records exception by Article 803(8)(b) shall not qualify as an exception to the hearsay rule under this Paragraph. *1062 In Cole Oil & Tire Co., Inc … Once the creditor establishes a prima facie case, the burden of proof shifts to the debtor to disprove the existence or correctness of the account. Farlee Drug Center, Inc. v.

Simmons v. Berry

779 So. 2d 910 · Louisiana Court of Appeal · Dec 22, 2000

A panelist shall have absolute immunity from civil liability for all communications, findings, opinions and conclusions made in the course and scope of duties prescribed by this Part. [Emphasis supplied]. … If qualifying evidence is submitted in opposition to a motion for summary judgment that creates a dispute as to a genuine issue of material fact, a motion for summary judgment should be denied.

Chisolm v. Dibert, Bancroft & Ross Co.

428 So. 2d 945 · Louisiana Court of Appeal · Feb 22, 1983

According to the plaintiff’s testimony, he was not fit or qualified to work at any job comparable to the one he previously held. He therefore attended Hinds Jr. … Second, the defendant contends no casual connection was established between the alleged accident and the plaintiff’s illness.

In re S.D.

250 So. 3d 1097 · Louisiana Court of Appeal · May 23, 2018

It is not enough for a person challenging a statute to show that its constitutionality is fairly debatable; it must be shown clearly and convincingly that it was the constitutional aim to deny the legislature the power to … The court concluded that the law's disparate treatment may not be perfect or immune from criticism as a policy matter, but it is not unconstitutional.