Case law

Dustin v. DHCI Home Health Services, Inc.

673 So. 2d 356 · Louisiana Court of Appeal · May 10, 1996

Plaintiff had not been informed that the patient was infected with HIV and suffered from Acquired Immune Deficiency Syndrome (hereinafter referred to as "AIDS"). … The record clearly shows that plaintiff was a student and therefore did not render services to DHCI in anticipation of compensation.

Grant v. Allstate Ins. Co.

696 So. 2d 275 · Louisiana Court of Appeal · Jun 4, 1997

court, and (2) the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). … Jewell, who was qualified as an expert in forest pathology, that the tree had been dead for at least three years prior to the accident, maybe longer. Mr.

Peterson v. Parish of Jefferson

95 La.App. 5 Cir. 711 · Louisiana Court of Appeal · Feb 27, 1996

Thus, we conclude that the plaintiff, as the person who paid the bill in question, is a qualified witness within the meaning of article 803(6). … Additionally, a bill is clearly a document that is produced in the ordinary course of business.

Coastal Cargo Company LLC v. Board of Commissioners of the Port of New Orleans

Louisiana Court of Appeal · Feb 8, 2024

A state agency does not have that same immunity though. See La. R.S. 13:5105(B). … Article VI, Section 43, Part IV, clearly did not have the purpose of giving deep water ports a status of something other than a political subdivision of the State of Louisiana.

State v. Free

493 So. 2d 781 · Louisiana Court of Appeal · Aug 20, 1986

The court noted that the value of hypnosis has not been so "clearly established" as to outweigh its potential for abuse or misuse at the expense of the accused. [8] We make no attempt here to summarize each of the many scientific … Culpepper, supra, the 5th Circuit applied the balancing test of Catanese and reached the result that the value of hypnosis in refreshing a witness's memory had not been "clearly established."

McNally v. Teledyne Movible Offshore, Inc.

94 La.App. 1 Cir. 0430 · Louisiana Court of Appeal · Dec 22, 1994

The amendment broadens the reach of the statutory employment language, and clearly reflects a legislative intent to return the courts to a stronger standard of tort immunity. See Frith v. … Clearly, the repair of these cranes is an integral part of Teledyne’s business; there exists no genuine issue as to this material fact.

Jenkins v. Baldwin

801 So. 2d 485 · Louisiana Court of Appeal · Aug 29, 2001

wrong based on the evidence, or clearly without evidentiary support. … This Court amended the judgment, also allocating 45 percent of fault to the State, which was dismissed because of its statutory immunity.

Field v. Merritt

449 So. 2d 7 · Louisiana Court of Appeal · Feb 28, 1984

If the court finds that the claim had prescribed prior to being filed, the panel, if established, shall be dissolved." … Clearly, this provision was adopted long after the act of injury and the filing of the original suit.

Verneuil v. Poirier

589 So. 2d 1202 · Louisiana Court of Appeal · Nov 14, 1991

In their third assignment of error, the defendants claim that the plaintiff did not meet her burden of proof to establish invasion of privacy and that the verdict was contrary to evidence. … Furthermore, communications between previous employers and prospective employers enjoy a qualified privilege. Butler v. Folger Coffee Co., 524 So.2d 206, 206, n. 1 (La.App. 4 Cir.1988).

Red Stick Studio Development, L.L.C. v. State Ex Rel. Department of Economic Development

2009 La.App. 1 Cir. 1347 · Louisiana Court of Appeal · Dec 23, 2009

Having said that, however, if the court were going to look for legislative intent, certainly, it is embodied in the testimony of the House and Ways Chairman, Taylor Townsend, who clearly and unequivocally and even unabashedly … Rather, the Legislature established a minimum expenditure of 20 percent or $10 million of the total base investment to be expended within the twenty-four month time period before a project is able to earn any tax credits.

Culbert v. Conagra, Inc.

98 La.App. 3 Cir. 238 · Louisiana Court of Appeal · Jun 3, 1998

ConAgra clearly established the existence of a job within Culbert’s capabilities. At the time of her voluntary retirement, Culbert was working at ConAgra. … Culbert argues strenuously that the fact that she qualified for Social Security disability benefits means that no job is within her physical capabilities.

In the Matter of Succession of Dunham

428 So. 2d 876 · Louisiana Court of Appeal · Feb 22, 1983

Although it may subsequently be established that the shares are the separate property of Ted F. Dunham, Sr., the parties to the proceeding in rule (the heirs and legatees of Ted F. … However, analysis (2) represented the correct statement of the laws of the state, as the Code of Civil Procedure and the relevant jurisprudence clearly establishes.

State ex rel. M.J.

2014 La.App. 4 Cir. 0622 · Louisiana Court of Appeal · Feb 4, 2015

By failing to apply that burden of proof on the State, M.J. argues the juvenile court clearly erred in finding there was sufficient evidence beyond a reasonable doubt to adjudicate M. … The applicability of the affirmative defense and immunity provisions is contingent upon the juvenile being deemed a victim of sex trafficking at the time of the alleged violation.

State v. Divers

793 So. 2d 308 · Louisiana Court of Appeal · Jun 22, 2001

Divers clearly established this criteria. Lastly, the argument overlooks the statistical evidence. … The state appears to argue that Divers failed to establish the actual number of African-Americans called to serve, and the number actually qualified to serve.

Rabalais v. Nash

926 So. 2d 683 · Louisiana Court of Appeal · Mar 29, 2006

the factual conclusions of the trier of fact were manifestly erroneous or clearly wrong. … It explained, "It is an established principle that legislative grants of such rights, powers, privileges, immunities or benefits as against the general public, as distinguished from a right against some other party, should

Todd v. COX COMMUNICATIONS CENTRAL II, INC.

2007 La.App. 1 Cir. 0737 · Louisiana Court of Appeal · Dec 21, 2007

The court said that statements made to the Office of Employment Security during the hearing on Todd's claim for unemployment benefits and any statements made regarding the ongoing investigation are clearly entitled to a qualified … Jurisprudence establishes that communications between an employer and the Office of Employment Security generally enjoy a qualified privilege. Wright v.

Paternostro v. Falgoust

897 So. 2d 19 · Louisiana Court of Appeal · Sep 17, 2004

Motions to Terminate, Enroll, and Substitute Counsel The jurisprudence clearly establishes that motions to withdraw or enroll as counsel or to substitute counsel are not considered formal steps before the court in the prosecution … Therefore, we find that plaintiff failed to establish that his requests for production of documents directed to non-parties qualified as steps in the prosecution of his suit.

Williams v. Enriquez

915 So. 2d 434 · Louisiana Court of Appeal · Nov 17, 2005

Law In 1975, the legislature enacted the MMA to establish a framework for compensating persons who are injured as a result of medical malpractice committed by qualified health care providers. Hanks v. … Clearly, an award in favor of Ms. Williams of $150,000 for loss of consortium appears excessive and an abuse of the trial court's discretion.

State ex rel. T.M.H.

748 So. 2d 1216 · Louisiana Court of Appeal · Nov 30, 1999

The home in which they were living when the child was born was so filthy that the child, who had an immune system disorder, could not live there. … Once the petitioner has established abandonment and failure to provide care and support, the burden shifts to the parent to establish “just cause” and thereby avoid termination.

State v. Kunzman

741 So. 2d 112 · Louisiana Court of Appeal · May 5, 1999

Moreover, the testimony of Deputy Steven Joe, the propriety of which is discussed infra, clearly establishes the dangerous nature of the weapon used against Brian. La. … The combination of Deputy Joe's specialized training, work experience and practical application of his knowledge supports the trial court's qualifying him as an expert witness and such qualification was clearly not an abuse