Case law
Opinions from 1658 to today.
8,141 results
2.48s
449 So. 2d 606 · Louisiana Court of Appeal · Apr 3, 1984
Based on the above testimony, we cannot say that the trial judge was clearly erroneous in qualifying Currier as an expert witness. … The record is devoid of any evidence to establish the salvage value of Watson's vehicle after the accident.
Cited 27 timesPublishedSandrock v. St. Bernard Parish Government
2014 La.App. 4 Cir. 1019 · Louisiana Court of Appeal · May 27, 2015
DISCUSSION Statutory Immunity In this assignment of error, SBPG contends that it is immune from liability pursuant to La. R.S. 9:2800.17. … clearly wrong or manifestly erroneous.”
Cited 2 timesPublishedKing v. SECRETARY, DEP. OF HEALTH AND HOSP.
956 So. 2d 666 · Louisiana Court of Appeal · Apr 4, 2007
The Medicare Catastrophic Coverage Act of 1998 ("MCCA"), 42 U.S.C. § 1396r-5, amended the Medicaid Act to establish a mechanism to protect couples from being forced to deplete their assets to qualify for Medicaid. … It is a loophole apparently discerned by lawyers and exploited by issuers who advertise such annuities as a means to qualify for Medicaid benefits. . . .
Cited 5 timesPublished2013 La.App. 4 Cir. 1138 · Louisiana Court of Appeal · May 7, 2014
C.C.P. art. 1972 specifies three peremptory grounds upon which a new trial “shall” be granted, namely: (1) when the verdict or judgment appears clearly contrary to the law and the evidence; (2) when a party has discovered … The filing of a request for review of a claim shall suspend the running of prescription against all joint or solidary ob-ligors, including but not limited to health care providers, both qualified and not qualified, to the
Cited 12 timesPublished2009 La.App. 3 Cir. 175 · Louisiana Court of Appeal · Jun 3, 2009
The standard of review applicable to this assignment of error has been firmly established. … ,” is clearly mis-stated.
Cited 1 timesPublishedLouisiana Court of Appeal · Sep 18, 2020
establishes that the DPSC was engaged in emergency preparedness or emergency management activities at the time of the accident. … Sandbagging during a flooding event clearly qualified as a response to" the state of emergency unfolding at the time of the accident herein.
Cited 0 timesUnknown393 So. 2d 337 · Louisiana Court of Appeal · Dec 15, 1980
Clearly, in the present case, defendant failed to raise the affirmative defense of the truth of the remark. … Crump was quite clearly in good faith in stating that Mrs. Crump's remarks were inconsistent. They were. Dr.
Cited 9 timesPublished253 So. 3d 203 · Louisiana Court of Appeal · Jun 27, 2018
A conditional or qualified privilege arises in a broader number of instances. … The existence of a qualified privilege is an affirmative defense.
Cited 11 timesPublishedLouisiana Court of Appeal · Sep 18, 2020
establishes that the DPSC was engaged in emergency preparedness or emergency management activities at the time of the accident. … Sandbagging during a flooding event clearly qualified as a response to" the state of emergency unfolding at the time of the accident herein.
Cited 0 timesUnknown2008 La.App. 1 Cir. 1466 · Louisiana Court of Appeal · Jul 24, 2008
that the fact finder is clearly wrong. … Moreover, the record clearly demonstrates that neither the “notice of candidacy” nor the [/‘qualifying fee” was “received ... by the clerk of court” during the qualifying period, as required by La. R.S. 18:466.
Cited 0 timesPublished486 So. 2d 816 · Louisiana Court of Appeal · Jun 6, 1986
R.S. 9:2794 B provides a party to a malpractice suit has "... the right to subpoena any ... dentist ... for trial to establish the... degree of care ordinarily exercised...." … Our independent review of all the evidence, including the proferred testimony, does not disclose the result reached was clearly wrong.
Reversed on other grounds by McLean v. Hunter, 495 So. 2d 1298 (1986)Cited 6 timesPublishedConmaco, Inc. v. Southern Ocean Corp.
581 So. 2d 365 · Louisiana Court of Appeal · May 30, 1991
The blueprint clearly specified the weight of the block as 17,945 pounds. … Because the burden is on the plaintiff initially to establish a prima facie case, the failure to establish such a case defeats his cause of action.
Cited 7 timesPublished160 So. 2d 804 · Louisiana Court of Appeal · Feb 18, 1964
document, or instrument affecting or relating to secular rights, or "(c) the doing of any act, in behalf of another, tending to obtain or secure for the other the prevention or the redress of a wrong or the enforcement or establishment … While we think that in this case there was clearly a violation of the statute, we wish to make it clear we do not intend to "outlaw" all collection agencies. If legally operated, they serve a most useful purpose.
Cited 12 timesPublishedFosscett v. Lake Charles Municipal Fire & Police Civil Service Board
125 So. 2d 44 · Louisiana Court of Appeal · Nov 17, 1960
Accordingly, the doctrine of ‘last antecedent’ will not be adhered to where extension to a more remote antecedent is clearly required by a consideration of the entire act. … The right and privilege set out in Section 15.1 of Article XIV of the Constitution is a private right granted in the public interest to effectuate a Legislative policy, i. e., the establishment and maintenance of a Civil
Cited 1 timesPublishedChandler Parts & Serv. v. WORKER'S COMP.
576 So. 2d 1133 · Louisiana Court of Appeal · Mar 13, 1991
R.S. 23:1378(A)(4) provides that no employer or insurer shall be entitled to reimbursement unless it is clearly established that the employer had actual knowledge of the employee's preexisting permanent partial disability … However, we disagree with the trial court's conclusion that this circumstance clearly establishes that Chandler had actual knowledge of Dixon's permanent partial disability prior to May 11, 1987.
Cited 11 timesPublished2011 La.App. 4 Cir. 0941 · Louisiana Court of Appeal · Aug 2, 2012
Harris entered a qualified plea of guilty under State v. Crosby, 338 So.2d 584 (La.1976). … Crosby, therefore, establishes a presumption that pre-trial error is not harmless. See also State v.
Cited 13 timesPublished15 So. 3d 1199 · Louisiana Court of Appeal · Jun 24, 2009
To reverse a trial court’s factual determinations, the appellate court must find that a reasonable factual basis does not exist for the finding of the trial court and that the record establishes that the finding is clearly … Vick as he alleges, he clearly responded in a manner that was inappropriate and unnecessarily excessive under the circumstances. This determination is clearly supported by the record.
Cited 0 timesPublishedGunasekara v. City of New Orleans
264 So. 3d 1236 · Louisiana Court of Appeal · Jan 30, 2019
There is a significant amount of precedence on whether or not competitive harm qualifies as a special interest. … doctrine of sovereign immunity or other, more specific bars ....
Cited 0 timesPublished16 La.App. 5 Cir. 289 · Louisiana Court of Appeal · Dec 7, 2016
The trial court established a payment plan for Ms. … Clearly, separate funds spent on the children born during the parties’ marriage benefitted the community. In addition, funds spent to satisfy Mr.
Cited 2 timesPublishedLouisiana Court of Appeal · Nov 15, 2023
The trial court granted summary judgment in favor of Defendants finding they were immune from tort liability. … Specifically, “[t]he burden is on the adverse party to produce factual support sufficient to establish the existence of a genuine issue of material fact or that the mover is not entitled to judgment as a matter of law.”
Cited 0 timesUnknown
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