Case law

Holmes v. Lee

795 So. 2d 1232 · Louisiana Court of Appeal · Sep 28, 2001

The evidence presented by the pharmacy, particularly the note from the health clinic, conclusively establishes that Ms. Holmes knew of the error by September 24, 1998. … First, the September 2, 1999 letter from Lee's counsel to the PCF clearly states: RE: GLORIA HOLMES VERSUS VAN LEE (doing business as Lee's City Drugs) Thus, the petition and the request for review both state the same defendant

Crescent City Surgical Care Centre Facility, LLC v. Beverly Industries, LLC

162 So. 3d 1254 · Louisiana Court of Appeal · Mar 25, 2015

To hold otherwise, any hospital may “establish outlier status and entitlement to 85% of the billed charges simply by consuming resources in excess of the reimbursement rate established by OWCA.” … Winn-Dixie, 10-2205, p. 7, 68 So.3d at 1191 . luIn the instant matter, the record clearly establishes that, while a three-level fusion is a serious and complicated surgery, there was nothing about Mr.

Cappiello v. Exxon Corp.

695 So. 2d 1097 · Louisiana Court of Appeal · May 28, 1997

Although testimony indicated the Stingray was assigned to the field rather than plaintiff, the record also establishes the Stingray was the only boat plaintiff used. … Therefore, the trial court's finding of negligence cannot be said to be manifestly erroneous or clearly wrong.

Stuckey v. Stuckey

475 So. 2d 84 · Louisiana Court of Appeal · Aug 21, 1985

In order to establish lesion, the party attempting to set aside the sale (or partition) must prove his case by clear and convincing evidence. Alexander v. … While this expert was clearly qualified, there is serious doubt about the accuracy of his appraisal method.

Bernard v. State

127 So. 2d 774 · Louisiana Court of Appeal · Mar 6, 1961

Accordingly, it is argued that the exception to the rule relating to the State's immunity from suit, as set out in the above cited cases, is not applicable here. … The evidence establishes that 1.848 acres of plaintiff's land was affected by the excavation and the spoil banks.

Succession of Hyams

199 So. 2d 29 · Louisiana Court of Appeal · May 8, 1967

You have to qualify with the Federal Government before you can take advantage of the section of Code. Profit sharing means that the contributions that go to the fund come from profits of the corporation. … With the lapse of time and changed economic conditions the district court’s holding in this appeal is even more clearly wrong than the appellate conclusion in Gimbel upon which it relies.

State v. Whatley

858 So. 2d 751 · Louisiana Court of Appeal · Nov 5, 2003

Thus, we find the Defendant's argument that his status as coowner immunized him from criminal liability for simple criminal damage lacks merit. … could be appointed to represent you if you qualify.

Turner v. State

137 So. 2d 456 · Louisiana Court of Appeal · Jan 31, 1962

Inasmuch, however, as the exception is, in our opinion, clearly without merit, we may briefly assign reasons therefor. … Nor do the facts established to have existed in this case support defendant's position. The employee of defendant was engaged in work on a roadside park and not upon the surface of a highway.

Robin v. Hebert

12 La.App. 3 Cir. 1417 · Louisiana Court of Appeal · May 1, 2013

Causation is clearly articulated as a requirement to overcome summary judgment. … Immediately thereafter, Plaintiffs were informed that Hebert and Boyer’s were not *69 qualified for the panel review.

Commercial National Bank In Shreveport v. Calk

207 So. 2d 578 · Louisiana Court of Appeal · Feb 28, 1968

We find the evidence clearly shows they sustained this burden. … This established jurisprudence is succinctly summarized in Fuller v.

State v. Thomas

609 So. 2d 1078 · Louisiana Court of Appeal · Dec 2, 1992

Although she demonstrated the gunman's position for the jury, the record does not clearly reveal to this court the manner in which she held her arms. … If the relevant figure to consider is the percentage of minority persons who are qualified to serve as jurors or grand jurors, cf. State v.

Muller v. Colony Insurance Co.

2010 La.App. 1 Cir. 0688 · Louisiana Court of Appeal · Dec 9, 2010

Moreover, the evidence presented at trial clearly establishes that the incident at issue arose out of the conduct of Janet’s business, Sno-Mobile of Louisiana. … Given the testimony clearly establishing, more probably than not, that she will suffer a recurrence of this problem, we conclude that the trial court erred in failing to find that Janet had proved future medical expenses

Covington Pontiac-Buick-GMC Trucks, Inc. v. AAA Sewer & Water Fabrication & Service, LLC

873 So. 2d 56 · Louisiana Court of Appeal · Feb 13, 2004

Additionally, the account established at Hibernia National Bank as the registry of the court is entitled "St. … Additionally, I find no merit to the argument that the clerk is entitled to immunity pursuant to LSA-R.S. 13:760 under the facts presented herein.

Wackenhut Corrections Corp. v. Bradley

685 So. 2d 661 · Louisiana Court of Appeal · Dec 26, 1996

Our supreme court expanded on the application of the manifest or clearly wrong standard in Rosell v. … LeGros' statement qualified as discrediting evidence on Ms. Bradley's version of the incident. Again, we agree. Wackenhut additionally contends that Ms.

Miller v. Acadian Ambulance Service, Inc.

13 La.App. 3 Cir. 1269 · Louisiana Court of Appeal · Mar 5, 2014

Each asserted they were qualified health care providers pursuant to the LMMA, La.R.S. 40:1299.39 & 40:1299.41. As qualified health care providers under the LMMA, providing medical care to Mr. … The Millers argue in their reply brief, that neither LERN nor Interim LSU offered evidence at the hearing to establish they are entitled to the protections of the LMMA.

Guidry v. Rubin

425 So. 2d 366 · Louisiana Court of Appeal · Dec 22, 1982

This case held that a mother need not qualify as tutrix of her minor children in order to bind them to a reasonable contingency fee contract with an attorney. … Moreover, even if the defendant attorneys were to successfully establish a claim against the plaintiffs on the basis of quantum meruit in another proceeding, such would not establish a right to the particular funds now in

State v. Junak

436 So. 2d 1312 · Louisiana Court of Appeal · Aug 3, 1983

Beavers testified against defendant in exchange for immunity. … Her statement is clearly not inconsistent with her testimony at trial, and the trial judge *1315 should not have made the statement available to the defense on this ground.

Victor Taylor v. Bobby Armstrong

Louisiana Court of Appeal · Aug 10, 2022

Galligan, Jr., The Employer’s Tort Immunity: A Case Study in Post-Modern Immunity, 57 La. L. Rev. 467, 488 (1997). … The First Circuit emphasized that the timber deed involved in Fee “clearly and unambiguously gave Southern Packaging only the right to harvest timber.

Faustina Pipe Line Co. v. Hebert

469 So. 2d 483 · Louisiana Court of Appeal · May 15, 1985

We cannot say that it is clearly wrong. … In this case, it is only established *490 that encasement is necessary for safe road crossings, not that any other safety benefits accrue from encasement.

Melerine v. O'Connor

2013 La.App. 4 Cir. 1073 · Louisiana Court of Appeal · Feb 26, 2014

As Darren and Regina both testified at trial that they were never married, the record is devoid of evidence establishing that Regina qualified as a “household family member” or that her personal property was otherwise covered … establish her entitlement to any portion of the insurance payment made to Darren.