Case law

State Ex Rel. Roper v. Cain

763 So. 2d 1 · Louisiana Court of Appeal · Oct 26, 1999

United States, 468 U.S. 339, 345-46 , 104 S.Ct. 3093, 3097 , 82 L.Ed.2d 260 (1984). [1] Long before Campbell , the right of black defendants to raise this issue was clearly established. In Castaneda v. … Moreover, relator makes no allegation regarding the percentage of blacks in the general or grand jury venires, or the percentage of qualified blacks in the general population. See Young, 569 So.2d at 576 .

Wallman v. Akin

2003 La.App. 4 Cir. 0297 · Louisiana Court of Appeal · Sep 10, 2003

Akin was a qualified health care provider enrolled in the PCF on the date of the alleged malpractice. … In the instant case, the PCF initially notified the appellant that that the appellee was a qualified health care provider.

Sacco v. Paxton

2012 La.App. 4 Cir. 1595 · Louisiana Court of Appeal · Jan 30, 2014

the finding is clearly wrong. … Paxton’s immunity from liability under the U.S. Copyright Act was not raised at trial.

Maurice v. Department of Police

94 La.App. 4 Cir. 2368 · Louisiana Court of Appeal · Jun 7, 1995

The phrase “appropriately qualified personnel” was merely a euphemism for favoritism. In Sanders v. … The evidence does not establish that Christopher Maurice would have received the promotion if established procedures had been followed.

Murphy v. State Through DPS

640 So. 2d 546 · Louisiana Court of Appeal · May 4, 1994

Subsection B(1) refers only to a suspension and does not qualify that it be in conjunction with a conviction, guilty plea or bond forfeiture. … (H)(1) clearly establishes that exemption from the reinstatement fee or reimbursement does not affect the validity of an underlying suspension or revocation.

Collette Josey Covington v. McNeese State University

Louisiana Court of Appeal · Nov 5, 2008

immunity, as it is an affirmative defense. … Shamieh’s records clearly note that Covington, at times, suffers from memory dysfunction.

Stratmann v. Cardiovascular Specialists, Inc.

2010 La.App. 4 Cir. 0947 · Louisiana Court of Appeal · May 9, 2011

Unlike this case, where each negligent defendant is qualified under the MMA by a separate Certificate of Enrollment with the PCF, the negligent defendants in Brown and Otnott were not all qualified under the MMA by separate … White failed to respond to her complaints following the TEE and failed to establish office procedures for CSI’s non-physician staff to follow when receiving complaints from patients.

Jerry Lee Hendry, Jr. v. Randi Lynn George Hendry

Louisiana Court of Appeal · Apr 14, 2021

As the father of the children in this custody case, Jerry clearly has a legal interest in the subject matter of the litigation and has established a right of action in his petition. … She contends that the district court did not err in finding that Jerry failed to establish a material change in circumstances.

Chauncy v. Allen

2015 La.App. 1 Cir. 0874 · Louisiana Court of Appeal · Feb 26, 2016

They also contended that if the State was ultimately successful in its affirmative defense of immunity, along with the statutory cap on the State’s liability, then the UM policy provisions should be triggered to allow them … been no challenge to the State’s admission that it is a self-insurer or the State’s solvency, and the State owns the vehicle that the Chauncys allege is uninsured or underinsured, Mountain Laurel reasons that its UM policy clearly

Hunnicutt v. Kent

434 So. 2d 91 · Louisiana Court of Appeal · Dec 9, 1982

By the time this suit came to trial, the operative facts were well established and defendants stipulated at the commencement of trial that: (1) The tragic accident occurred early in the morning, approximately 12:45 A.M. on … Whitehouse was simply unable to demonstrate sufficient training or experience in the field for which he sought to qualify as an expert.

Howe v. Adam

6 Teiss. 400 · Louisiana Court of Appeal · Jun 21, 1909

But the evidence (taken principally by commission) does not establish with anything like legal certainty that the vessel was detained as much as three days exclusively by defendants’ breach of contract. … the testimony of witnesses taken nearly three years afterwards, one of whom clearly testified from hearsay, another of whom qualified his statement ex in-dustria as only “to the best of his recollection,” and the last of

Oakes v. Alexander

135 So. 2d 513 · Louisiana Court of Appeal · Nov 22, 1961

The ratio decidendi of the court's conclusion was briefly, but convincingly, stated as follows: "The immunity (privilege as to judicial allegations) contended for may * * * be abused. … For this reason we deem it unnecessary to comment upon the facts established *518 by the record in this respect.

Wilson v. New Orleans Police Dept.

2000 La.App. 4 Cir. 2484 · Louisiana Court of Appeal · Dec 19, 2001

It also is justified in avoiding the establishment of a permanent limited duty position where the demands of the department run contrary. … Finally, the NOPD proved that its refusal to establish permanent limited duty positions was justified by the needs of the department.

Woods v. Robinson

256 So. 3d 409 · Louisiana Court of Appeal · Sep 19, 2018

The Secretary does not challenge Petitioners' evidence but nevertheless argues that Petitioners have not established their entitlement to the credit. … As used in this Section, the following words and phrases shall have the meaning ascribed to them in this Subsection unless the context clearly indicates otherwise: **** (2) "Cost of qualified clean-burning motor vehicle fuel

Solomon v. United Parcel Service, Inc.

539 So. 2d 715 · Louisiana Court of Appeal · Feb 8, 1989

s Motion for Summary Judgment clearly establishes the fact that U.P.S. maintains janitorial employees at facilities, while concurrently contracting with outside janitorial companies to do such work at its other Louisiana … The trade-off provided when a party is deemed a statutory employer of a person, and thus liable for worker's compensation, is that such party is granted immunity for alleged tortious conduct.

Erwin v. State Farm Mut. Auto. Ins. Co.

771 So. 2d 229 · Louisiana Court of Appeal · Nov 1, 2000

Pickens, a former police officer who qualified as an accident investigation expert. Pickens took photographs of Erwin's Camaro and noted gaps in the area of the door, fender, and hood. … To reverse the trial court's factual findings, the appellate court must find from the record that no reasonable factual basis exists for the findings, and must determine that the record establishes the findings as clearly

White v. Normand

16 La.App. 5 Cir. 738 · Louisiana Court of Appeal · May 31, 2017

that the finding is clearly wrong (manifestly erroneous). … R.S. 32:24 provided Deputies Gegenheimer and Petit with immunity during the pursuit of the stolen vehicle.

Carlin v. Wallace

809 So. 2d 1017 · Louisiana Court of Appeal · Sep 28, 2001

rendering of a judgment that contradicted its previously issued reasons for judgment; (4) the court's premise of its judgment on "vague, ambiguous, confusing, contradictory" language in the stipulation, and the failure to clearly … In the instant case, the October 25 judgment clearly exceeds the parameters described in La. C.C.P. art. 1951.

State v. Taylor

2013 La.App. 4 Cir. 0265 · Louisiana Court of Appeal · Apr 29, 2015

The record establishes that, as a whole, defendant’s right to remain silent was “scrupulously honored” by Det. Ricks. … Son, defense counsel clearly questioned Dr. Son — over the objection of the State— about the CODIS qualifying offense being |! unauthorized entry of a place of business. Defense counsel'pointedly asked Dr.

Gianechini v. City of New Orleans

410 So. 2d 292 · Louisiana Court of Appeal · Feb 9, 1982

Accordingly, we conclude that Turner clearly falls within the provisions of LSA-R.S. 37:1732(A) and (C), and we find no merit to plaintiffs' argument based on statutory vagueness. … Evidence that proper CPR was performed in the restaurant and that Gianechini arrived at Charity Hospital with brain damage does not establish that Turner did not administer proper CPR or that his treatment in the ambulance