Case law

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.

Kirksey v. New Orleans Jazz & Heritage Foundation, Inc.

2012 La.App. 4 Cir. 1351 · Louisiana Court of Appeal · Feb 27, 2013

As used in this Article, the following terms shall have the meanings ascribed to them below, unless the context clearly indicates otherwise: (1) “Act in furtherance of a person’s right of petition or free speech under the … Proc. art. 971 clearly provides that “a prevailing party on a special motion to strike shall be awarded reasonable attorney fees and costs ” La. Code Civ. Proc. art. 971 B.

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).

State v. Robins

499 So. 2d 94 · Louisiana Court of Appeal · Aug 19, 1986

Defendant objected to any opinion testimony because he had not been qualified as an expert. The State then established the doctor's qualifications and tendered him as an expert witness. … The State never established its connexity to defendant at the time in question, and it was clearly irrelevant.

State v. Sanders

542 So. 2d 1134 · Louisiana Court of Appeal · Apr 19, 1989

Lemon had been granted immunity from prosecution for this burglary in exchange for his testimony. … The testimony of Lemon established that the defendant entered the warehouse and removed the items.

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.

Mistich v. Volkswagen of Germany, Inc.

94 La.App. 4 Cir. 0226 · Louisiana Court of Appeal · Jan 31, 1995

The trial court's finding that the VW did not roll over was also clearly wrong. As stated above the only two experts qualified in the field of accident reconstruction were Lipp and Blaisdell. … based on the evidence, and clearly without evidentiary support.

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.

Maddox v. Steel

814 So. 2d 569 · Louisiana Court of Appeal · Sep 28, 2001

Only then must the non-moving party "submit evidence showing the existence of specific facts establishing a genuine issue of material fact." See Scott v. … R.S. 23:1061(A)(2) and determined: Denis Paul Juge in his Louisiana Workers' Compensation treatise explains this statute and the 1997 amendment [of R.S. 23:1061] as clearly providing for a statutory employer relationship

Jones v. Davis

233 So. 2d 310 · Louisiana Court of Appeal · May 25, 1970

The affidavits in opposition tend to establish malice on defendants' part. … It may be noted that the validity or constitutionality of a statute is presumed unless and until the contrary is clearly established. That has not been accomplished in this case.

Carpenter v. STATE, DEP. OF HEALTH AND HOS.

944 So. 2d 604 · Louisiana Court of Appeal · Sep 20, 2006

Evidence must be provided which establishes that the transfer was solely for a reason other than to qualify for Medicaid. [Record 77]. … The contract must have been established at or before the transfer.

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.

Manuel v. Republic Vanguard Ins. Co.

7 La.App. 3 Cir. 1437 · Louisiana Court of Appeal · Apr 2, 2008

The jury was manifestly erroneous, or clearly wrong when it found plaintiff free of fault; 2. The jury was manifestly erroneous, or clearly wrong when it found Delta Down only 15% at fault; and 3. … The jury was manifestly erroneous, or clearly wrong in finding defendants at fault.

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).

Patterson v. Johnson

509 So. 2d 35 · Louisiana Court of Appeal · May 27, 1987

Defendant further contends that plaintiff failed to establish a chain of custody of the blood samples. … An appellate court may not disturb a trial court's evaluations of credibility and factual determinations unless the record reveals that the trial court's decision is manifestly erroneous or clearly wrong. Arceneaux v.

Vines v. Protective Indemnity Co.

37 So. 2d 545 · Louisiana Court of Appeal · Nov 24, 1948

It is well established that the general rule relied upon by defendant is not immune to exceptions. … The facts of this case, as alleged, if established by proof, clearly make of it an exception to said general rule.

McNamara v. John E. Chance & Associates, Inc.

491 So. 2d 154 · Louisiana Court of Appeal · Jun 25, 1986

In its appellate brief, the State contends, and we agree, that in order for a taxpayer to qualify for the exemption provided for by LSA-R.S. 305.1(B), the taxpayer must establish that: (1) the items purchased are "ship materials … This Court is well aware of the long-established rule that exemptions from taxation are to be strictly construed and must be unequivocally and affirmatively established. Vulcan Foundry, Inc. v.

Richard v. Tenet Health Systems, Inc.

871 So. 2d 671 · Louisiana Court of Appeal · Apr 14, 2004

Clearly, the claim against Drs. Glade, Smith and Villien was filed beyond the one year and three year dates set forth in La. R.S. 9:5628. … LeBreton and the cases following it recognize that the legislature has established special rules for prescription under the Medical Malpractice Act. Consequently, the general rules of prescription do not apply.

Succession of Batton v. Prince

384 So. 2d 506 · Louisiana Court of Appeal · May 6, 1980

Allen clearly meets these requirements because he is a U. S. citizen with full capacity to contract. … NOTES [1] LRS 9:1725(5)—"Except when the context clearly indicates otherwise, as used in this Code: ...

Ward v. Sears, Roebuck & Co.

339 So. 2d 1255 · Louisiana Court of Appeal · Nov 15, 1976

Her testimony is clearly to the effect that she did not expect payment for the overtime worked and for that reason never requested payment. … Breaux, 146 So.2d 723 (La.App. 3rd Cir. 1962), establishes the rule that a publication enjoys a qualified or conditional privilege if made (a) in good faith; (b) on any subject matter in which the person communicating has