Case law

Grace v. Crespo

970 So. 2d 1007 · Louisiana Court of Appeal · Sep 19, 2007

Thus, Elizabeth does not qualify for coverage under that provision. Plaintiffs also rely on another provision of the umbrella/excess portion of the policy to establish coverage for Elizabeth. … Clearly, Elizabeth is a family member.

State v. Marshall

424 So. 2d 423 · Louisiana Court of Appeal · Nov 29, 1982

It was intended to exclude from the designation `crime' all offenses established by municipal ordinances. See Reporter's comment, L.S.A.-R.S. 14:7...." City of New Orleans v. … Defendant's conduct in the performance of his official duties, albeit clearly substandard, was not proven to be unlawful. The conviction on the charge of malfeasance in office must also be set aside.

Sanders v. Wooldridge

98 La.App. 1 Cir. 0415 · Louisiana Court of Appeal · Feb 19, 1999

She testified that since 1977, twenty thousand medical malpractice complaints had been filed, nineteen thousand of which involved qualified health care providers. … That duty cannot simply be an interest that is owed to the general public as a whole, but rather, plaintiff must establish that he possesses a special interest in having the law enforced. State v.

Deshotels v. State Professional Improvement Committee ex rel. Department of Education

430 So. 2d 1198 · Louisiana Court of Appeal · Apr 5, 1983

The jurisprudence of this state requires that a determination that a party is indispensable be made only after the facts clearly establish that no complete and equitable adjudication of the controversy can be made in his … To implement and administer the program on the local level within the guidelines established by the state committee, local professional improvement committees were established. LSA R.S. 17:3617.

Carpenter v. Leon E. Werntz & Associates, Inc.

345 So. 2d 1018 · Louisiana Court of Appeal · Apr 25, 1977

The insurance premiums were paid Werntz by a doctor for whom Werntz had devised a pension plan which would qualify under federal law and allow the doctor’s contributions to be deducted from his taxable income. … The contract sued on contemplates Werntz’s services in establishing the pension plan and performing other consulting services.

Lane v. Patient's Compensation Fund Oversight Board

2007 La.App. 1 Cir. 0150 · Louisiana Court of Appeal · Mar 12, 2009

In its appeal, the Oversight Board asserts that the above provisions clearly provide that Ms. … (b) If the court finds that the claim had prescribed or otherwise was perempted pri- or to being filed, the panel, if established, shall be dissolved.

Richardson v. Richardson

974 So. 2d 761 · Louisiana Court of Appeal · Dec 28, 2007

While we recognize that Louisiana law does not require that a person possess a specific educational degree in order to qualify as an expert in a given field, and that an expert can be qualified based on his or her experience … Richard was qualified to testify regarding the drug testing results in this case. C.

Roy v. Coco

94 La.App. 3 Cir. 920 · Louisiana Court of Appeal · Feb 1, 1995

Roy is not qualified to run a bank. (b) He hires incompetent people. (c) He is not running the bank for the benefit of the stock holders or the community. … He established his statements were protected as opinion and subject to his privilege as a shareholder in the corporation.

Yen v. Avoyelles Parish Police Jury

3 La.App. 3 Cir. 603 · Louisiana Court of Appeal · Nov 5, 2003

The medical malpractice claims of prisoners arising under this Part shall be submitted to correctional administrative review procedures established for administrative hearings in the correctional environment or established … A statute that grants immunities or advantages to a special class in derogation of general rights available to tort victims must be strictly construed against limiting the tort claimants' rights against the wrongdoer.

Wood v. Martin

862 So. 2d 1057 · Louisiana Court of Appeal · Dec 10, 2003

immunity. … This is clearly shown by La.

First Transit, Inc. v. Barfield

2014 La.App. 1 Cir. 0596 · Louisiana Court of Appeal · Nov 13, 2014

The bus routes are established and approved by LSU, and most, if not all, of the routes originate or terminate on LSU’s campus. … Tax exemptions are strictly construed in favor of the Department and “must be clearly and unequivocally and affirmatively established” by the taxpayer.

Parish of East Baton Rouge v. Thomas Road Development Corp.

306 So. 2d 859 · Louisiana Court of Appeal · Dec 16, 1974

Doiron are qualified to render such an opinion independently. Mr. Lejeune and Mr. … Williams based his opinion upon a conversation held with an unidentified person who was allegedly qualified to render such an opinion. Neither of these witnesses are qualified to independently give such an opinion. Mr.

Hill v. East Baton Rouge Parish

925 So. 2d 17 · Louisiana Court of Appeal · Dec 22, 2005

Further, as EMTs, the communications officers are clearly medical professionals, not just mere phone operators. … . § 160.103 , the Communications District does not qualify as covered entity.

Funderburg v. Superior Energy Services, Inc.

10 La.App. 5 Cir. 517 · Louisiana Court of Appeal · Dec 29, 2011

Funderburg properly raised this issue in the trial court. 9 Clearly, as noted above, Section 10.2 of the Stock Incentive Plan required Mrs. … The deposition testimony attached to the motions for summary judgment clearly establishes that well before she executed the partition agreement, Mrs.

Highlands Ins. Co. v. Missouri Pacific RR Co.

532 So. 2d 317 · Louisiana Court of Appeal · Oct 5, 1988

The degree of Lee's fault is well established in the record, and consists basically of his inattentiveness. … The record clearly establishes MOPAC and DOTD knew or should have known of the visual obstructions, and that passive warning signs failed to properly advise the motoring public of the dangers presented.

Elie v. Karst

594 So. 2d 929 · Louisiana Court of Appeal · Jan 31, 1992

Rather, I would adhere to that well-established practice of interpreting laws governing the conduct of elections liberally “so as to promote rather than defeat candidacy.” Dixon v. … Therefore, he clearly had been admitted to practice law for more than five years at the time that he qualified.

Lyle v. Brock Servs., LLC

252 So. 3d 1010 · Louisiana Court of Appeal · Jul 31, 2018

mold exposure and the consequential issue of a clerical worker contracting sarcoidosis due to mold exposure at the office do not fall under the LWCA and further that neither the mold exposure nor developing sarcoidosis qualifies … the LWCA, the Louisiana Supreme Court concluded that the noise-induced hearing loss fell squarely within the parameters of the LWCA, either as an accident or an occupational disease, and thus the employer was entitled to immunity

Billeaudeau v. Opelousas Gen. Hosp. Auth.

239 So. 3d 306 · Louisiana Court of Appeal · Feb 7, 2018

avoid overburdening Louisiana's economy and its taxpaying citizens with even more new and/or increased taxes than are already needed for essential programs. (4) That the purpose of this Section is not to reestablish any immunity … Stat. 13:5106(B)(1) unconstitutional, holding the $500,000.00 cap on general damages in a personal injury suit against the State contravened the proscription against sovereign immunity from tort liability provided for in

Blake v. Maley

57 So. 3d 1122 · Louisiana Court of Appeal · Jan 26, 2011

Blake argued that the physicians who made up the medical review panel were not qualified. … minors and interdicts, unless exception is established by legislation.

Deal v. Haney

2014 La.App. 1 Cir. 1232 · Louisiana Court of Appeal · Nov 25, 2014

“Proof which establishes only possibility, speculation, or unsupported probability does not suffice to establish a claim.” Todd v. … imposition of sanctions on appeal, an appellate court must apply two standards of review which are explained as follows: A trial court’s determination regarding the imposition of sanctions is subject to the manifest error or clearly