Case law

McNabb v. Louisiana Medical Mutual Insurance

2003 La.App. 3 Cir. 0565 · Louisiana Court of Appeal · Nov 5, 2003

This issue was clearly the subject of the LPCF’s suspensive appeal and, thus, inappropriate for consideration by the trial court. … “Some” expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence.

State v. Spradley

722 So. 2d 63 · Louisiana Court of Appeal · Nov 6, 1998

A continuous chain of custody need not be established if the evidence as a whole establishes more probably than not that the object introduced is the same as the object originally seized by police officers. State v. … However, the defendant was examined by two qualified medical doctors, one of whom was the Coroner for Iberville Parish.

Wattigny v. Lambert

408 So. 2d 1126 · Louisiana Court of Appeal · Sep 11, 1981

The trial court found this *1135 to be so and our review of the record establishes that such a finding is not clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978); Canter v. … Defendants to the defamation action plead the existence of a qualified privilege.

Claddie Savage v. Prator

886 So. 2d 523 · Louisiana Court of Appeal · Oct 6, 2004

The 1974 constitution creates two classes of home rule governments with different levels of immunity from control by the state legislature: (1) preexisting-home rule municipalities may exercise within their boundaries any … To establish that the conflict actually exists, the litigant must show that the state statute and the ordinance are incompatible and cannot be effectuated in harmony.

Gannett River States Pub. v. Hussey

557 So. 2d 1154 · Louisiana Court of Appeal · Feb 28, 1990

However, the Webb court clearly recognized the existence of a "personnel exception" to the public records doctrine. … Obviously, it is in the best interest of the city to have the largest possible pool of qualified applicants.

Estate of Messina v. STATE, DHH

867 So. 2d 879 · Louisiana Court of Appeal · Mar 3, 2004

They therefore argue that the 1999 Deed was not executed to establish Medicaid eligibility. … Had the ownership value not been transferred prior to her application, her eligibility for LTC vendor payments (less than $2000 in resources) would clearly have been denied.

Giorgio v. Alliance Operating Corp.

886 So. 2d 1283 · Louisiana Court of Appeal · Nov 10, 2004

The record clearly establishes that by virtue of a settlement of Sanborn's personal injury claim against 38BLLC (the boat's owner) and London Underwriters (the boat's insurer), and London Underwriters' settlement with Chevron … Use Immunity Statutes (La.

Law v. DEPARTMENT OF HEALTH & HOSPITALS

989 So. 2d 871 · Louisiana Court of Appeal · Aug 13, 2008

We further note that LDHH agrees that states can impose more liberal standards than the eligibility requirement established by the federal statute. … Regardless of her status, Law clearly receives a "benefit" under Title XIX of the Social Security Act.

Rosella v. DeDe's Wholesale Florist

607 So. 2d 1055 · Louisiana Court of Appeal · Nov 4, 1992

In our view, the evidence which we previously briefly summarized does not clearly and convincingly establish that plaintiff was unable during the period aforesaid to engage in any employment or self-employment as a consequence … Clearly, during this period plaintiff's pain was not so substantial as to be disabling.

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.

Cynthia Guevara v. Hospital Service District of the Parish of St. Bernard, State of Louisiana A/K/A St. Bernard Parish Hospital Service District D/B/A St. Bernard Parish Hospital, and Dr. Ryan Truxillo

Louisiana Court of Appeal · May 30, 2024

Truxillo, the panel concluded “[a]t the time of discharge there was no indication that the patient should have been on anti-coagulation therapy,” and “[i]t was clearly documented by Dr. … Herman, allegedly establishes a breach in the standard of care only as it relates to the prescribed claims of informed consent and loss chance of survival – and fails to establish any breaches in the standard of care for

Vincent v. Ryder Enterprises, Inc.

352 So. 2d 1061 · Louisiana Court of Appeal · Nov 17, 1977

The court rejected this argument, stating: "The record clearly establishes that the hauling of acid was a function which Witco required for the successful operation of its business but was also one which they did not desire … Even conceding, arguendo, that the Court's decision in Broussard, supra, that R.S. 23:1061 grants tort immunity to the principal was dictum, we find that the rule expressed in the majority opinion reflects clearly established

Davis v. Southern Sav. Ass'n

557 So. 2d 1011 · Louisiana Court of Appeal · Feb 15, 1990

for directed verdict because Davis clearly established that the words transmitted by Southern were libelous per se and Southern should have been required to meet its burden under La.R.S. 13:3602. … Community Center Credit Corporation, 359 So.2d 1048 (La.App. 4th Cir.1978), this Court held that a qualified privilege exists between an employer and the state OES.

Cacibauda v. Gaiennie

305 So. 2d 572 · Louisiana Court of Appeal · Dec 13, 1974

Therefore, he is clearly liable under Canter. With respect to L. R. … Under the Canter case, Stevens clearly is not liable. We also conclude the plaintiffs did not establish a prima facie case of actionable negligence against Wayne Snelson.

Murphy v. 1st Lake Properties, Inc.

12 La.App. 5 Cir. 649 · Louisiana Court of Appeal · May 23, 2013

clearly wrong. … Defendants objected on the basis that none of plaintiffs treating physicians who would testify were specialists or experts in allergies or immune disorders, or in the MELISA test and its methodology.

Freeport-McMoran Energy, LLC v. Cedyco Corp.

2010 La.App. 4 Cir. 0367 · Louisiana Court of Appeal · Jan 5, 2011

“We review the trial court’s ruling under the manifest error or clearly wrong standard, in which the trial court will not be reversed in the absence of clear error. … Clearly, Mr. Mascarenhas did not have the personal knowledge to produce the figures presented in the proposals of Estis, Kostmayer and Rennies. Thus, the only admissible testimony of Mr.

Spinks Constr., Inc. v. Quad States Constr., LLC

240 So. 3d 215 · Louisiana Court of Appeal · Dec 21, 2017

In contrast, a "qualifying party" under La. … Clearly, the scope of representation granted a "qualifying person" as defined in La.

The Bank of New York Mellon v. Whitney Blaine Smith, Et Ux.

Louisiana Court of Appeal · Feb 11, 2015

immunity from suit. … The Supreme Court granted writs and reversed, finding that private parties were not automatically entitled to qualified immunity. Wyatt v. Cole, 504 U.S. 158, 112 S.Ct. 1827 (1992).

Harrison v. Commission Council of Bogalusa

169 So. 2d 159 · Louisiana Court of Appeal · Nov 16, 1964

As evidence of intention to retain rather than change his Louisiana domicile, plaintiff established proof of his registration as a qualified voter and elector of Washington Parish, Louisiana, and of his having voted in elections … In the Brantley case, supra, the issue was one of four months residence in a municipality in order to qualify as a registered voter thereof.

Fauntleroy v. Rainbow Marketers

4 La.App. 3 Cir. 926 · Louisiana Court of Appeal · Nov 10, 2004

The relevant sections of the Consolidated Omnibus Budget Reconciliation Act generally state that upon the occurrence of a “qualifying event,” a qualified beneficiary of a group health care plan is entitled to elect continued … The termination of a covered employee’s employment qualifies as one of the listed qualifying events. 29 U.S.C. § 1163 (2003).