Case law

Opinions from 1658 to today.

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  • Brown v. Morgan

    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 timesPublished
  • Sandrock 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 timesPublished
  • King 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 timesPublished
  • Gettys v. Wong

    2013 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 timesPublished
  • In Re Succession of Edwards

    2009 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 timesPublished
  • Norman McQuirter, Brandon Mastos, & Jerome Tubbs v. Louisiana Department of Public safety & corrections, Master Sergeant Jimmie Holloway, Louisiana State Penitentiary, and Office of Risk Management

    Louisiana 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 timesUnknown
  • Crump v. Crump

    393 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 timesPublished
  • Wainwright v. Tyler

    253 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 timesPublished
  • Norman McQuirter v. Master Sergeant Jimmie Holloway and State of Louisiana through Louisiana Department of Public Safety and Corrections, Elayn Hunt Correctional Center

    Louisiana 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 timesUnknown
  • Font v. Clark

    2008 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 timesPublished
  • McLean v. Hunter

    486 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 timesPublished
  • Conmaco, 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 timesPublished
  • Andrus v. Guillot

    160 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 timesPublished
  • Fosscett 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 timesPublished
  • Chandler 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 timesPublished
  • State v. Harris

    2011 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 timesPublished
  • Vick v. Pankey

    15 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 timesPublished
  • Gunasekara 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 timesPublished
  • Licciardi v. Licciardi

    16 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 timesPublished
  • Lucille Jones v. Jimmy Rogers

    Louisiana 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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