Case law

AA Home Improvement Company v. Irwin

203 So. 2d 888 · Louisiana Court of Appeal · Nov 6, 1967

The record clearly discloses that the plaintiff substantially performed the contract. … The majority holds: "The record clearly discloses that the plaintiff substantially performed the contract.

Woolley v. Cinquigranna

188 So. 2d 701 · Louisiana Court of Appeal · Jul 5, 1966

The word ‘residence’ is one of multiple meanings, but the context in which it is used in this instance clearly indicates its meaning to be a dwelling house where, a person lives in settled abode. … It qualifies the phrase ‘to be used,’ with like effect as if the covenant had read that the property ‘is to be used only for residence purposes.’

Douglas v. Douglas

146 So. 2d 227 · Louisiana Court of Appeal · Nov 5, 1962

On the contrary, the trial judge found that both the mother and the father were well qualified and able to care for the child. However, the lower court decided that Decker v. … outside this state, but no such exception is established in favor of the husband.

O'Brien v. Orleans Parish School Board

99 La.App. 4 Cir. 2607 · Louisiana Court of Appeal · May 17, 2000

The Federal Court found that the plaintiff failed to establish the commencement or a continuance of a criminal proceeding and stated that: | /‘Because the plaintiff has failed to establish this first element, the Court need … The federal proceedings related to the instant case do not qualify as “an exceptional case in which the federal court clearly or unmistakably would have declined to exercise its pendent jurisdiction over the related state

Slaughter v. NORTH OAKS MEDICAL CENTER

30 So. 3d 1183 · Louisiana Court of Appeal · Mar 26, 2010

Slaughter argued that because the timely filed district court suit interrupted prescription as to the qualified health care providers, prescription was also interrupted as to any non-qualified defendants that were joint and … However, as clearly articulated by the Louisiana Supreme Court, the premature filing of a lawsuit against a qualified health care provider prior to review by the medical review panel is prohibited and does not serve to interrupt

Folse v. Western Atlas Intern., Inc.

580 So. 2d 482 · Louisiana Court of Appeal · May 16, 1991

randomly-owned and controlled vessels for short periods of time that aggregate to comprise a substantial portion of his working time, nor do we believe that Bertrand rejected the identifiable or recognizable fleet requirement established … In this instance, we agree with the district court that the facts are clearly distinguishable from those in Bertrand .

Lloyd v. Shady Lake Nursing Home, Inc.

92 So. 3d 560 · Louisiana Court of Appeal · May 9, 2012

The trial court’s factual determinations will not be overturned in the absence of manifest error or unless they are clearly wrong. Stobart v. … entitlement to immunity.”

Wright v. Bennett

924 So. 2d 178 · Louisiana Court of Appeal · Sep 28, 2005

The jurisprudence establishes that communications between an employer and the Department of Employment Security generally enjoy a qualified privilege. … A plaintiff is first required to establish a prima facie case by showing that he: (1) is a member of a protected class; (2) was qualified for the position; (3) was terminated; and (4) was replaced by someone outside the protected

Johnson v. Johnson

13 La.App. 3 Cir. 719 · Louisiana Court of Appeal · Dec 11, 2013

Additionally, our jurisprudence has established that truck drivers, as specially trained operators of vehicles, are subject to a higher standard when assessing their degree of responsibility in an accident. … I do not believe the legislature, by enacting the 25% cut off rule for an impaired driver involved in an accident, intended to immunize the truck driver in this case from the consequence of his egregious conduct.

State ex rel. A.S.

2017 La.App. 4 Cir. 0028 · Louisiana Court of Appeal · May 10, 2017

)[Appellant] has failed to make any ... parental contributions; (4)[Appellant] has failed to comply with the visitation schedule with her children; (5)[Appellant] has failed to participate in and successfully complete a qualified … C. art. 1015, 4 Although the *186 State need only establish one statutory ground, the trial court |flmust also find that termination is in the child’s best interest. State ex rel. SNW v.

Johnson v. Lake Charles Memorial Hosp.

96 La.App. 3 Cir. 1178 · Louisiana Court of Appeal · Mar 5, 1997

The jury clearly rejected Dr. Schoedinger's testimony and found no breach of the standard of care by Dr. Foster. This finding is clearly supported by the record evidence and testimony. … Foster did not breach the standard of care is not clearly wrong.

McKeogh v. Healthcare Indem., Inc.

250 So. 3d 1064 · Louisiana Court of Appeal · Jul 11, 2018

Lyons was qualified, as an expert, to testify as to the standard of care of other orthopedists in the area, he was not qualified to testify regarding the vicarious liability issue. … McKeogh could not establish a medical malpractice claim against him without a qualified expert defining the applicable standard of care, establishing that he breached the standard, and establishing that his breach of the

Munson v. LAKEWOOD QUARTERS LT. PARTNERSHIP

965 So. 2d 448 · Louisiana Court of Appeal · Jul 18, 2007

Louisiana Extended Care Centers, Inc., XXXX-XXXX (La.1/14/03), 835 So.2d 460, 467-468 , the fact that the alleged negligence involved the loading or unloading of a nursing home resident is not enough to alone establish that … Based on these allegations alone, we conclude, as did the Supreme Court in Richard and the Third Circuit in Pender , that the record before us is inadequate to establish that the alleged negligence was related to treatment

Nelson v. Merrick

970 So. 2d 1019 · Louisiana Court of Appeal · Sep 19, 2007

It is well established that for a plaintiff to obtain a default judgment, he must establish the elements of a prima *1021 facie case with competent evidence, as fully as though each of the allegations of the petition were … I agree that the proof in this record is insufficient to confirm the default judgment. *1022 In this case, the two letters from counsel representing defendants, other than the excess insurer, clearly do not qualify as judicial

Leslie A. Ellison v. Jancarlo Jose Romero and the Honorable Arthur A. Morrell, in His Official Capacity as Clerk of Criminal Court for the Parish of Orleans

Louisiana Court of Appeal · Aug 11, 2020

which shall be accompanied ... by the qualifying fee and any additional fee imposed.” … Romero clearly testified that he was only living at the Somerset address once the lease went into effect.

Leslie A. Ellison v. Jancarlo Jose Romero and the Honorable Arthur A. Morrell, in His Official Capacity as Clerk of Criminal Court for the Parish of Orleans

Louisiana Court of Appeal · Aug 11, 2020

which shall be accompanied ... by the qualifying fee and any additional fee imposed.” … Romero clearly testified that he was only living at the Somerset address once the lease went into effect.

Brown v. Cox

430 So. 2d 131 · Louisiana Court of Appeal · Mar 28, 1983

These affidavits were also qualified to the extent that some of the facts attested to were to the best of the knowledge of the affiant. … The affidavits further fail to establish as an undisputed fact that the parish had never at any time in past years undertaken any maintenance on the road in question, inasmuch as the statements to this effect are also qualified

Ballam v. Seibels Bruce Ins. Co.

712 So. 2d 543 · Louisiana Court of Appeal · Apr 1, 1998

In short, the requirement that an expert's testimony pertain to `scientific knowledge' establishes a standard of evidentiary reliability." 509 U.S. at 590 , 113 S.Ct. at 2795 . … Thus, we cannot say that the jury was clearly wrong/manifestly erroneous in rejecting this argument of GMC.

Georgia-Pacific Consumer Operations, LLC v. City of Baton Rouge

255 So. 3d 16 · Louisiana Court of Appeal · Jul 18, 2018

The 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. La. … It points out that the document clearly states that it was the parties' intent in executing the agreement to provide GP "with the means of paying its correct sales and use tax liability."

Grady Crawford Construction, Inc. v. City of Baton Rouge

2011 La.App. 1 Cir. 0377 · Louisiana Court of Appeal · Aug 17, 2011

The advertisement for bids clearly requires the contractors to comply with all provisions of the State Licensing Law for Contractors. … The evidence establishes by a preponderance that these requirements were not met in this case.