Case law

Merrett v. Shreveport Municipal Fire & Police Civil Service Board

72 So. 2d 519 · Louisiana Court of Appeal · Apr 22, 1954

Such action is mandatory upon the written request of a qualified elector. Clearly, the language authorizes an investigation without such written request. … The position is clearly untenable.

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.

State v. Louis

496 So. 2d 563 · Louisiana Court of Appeal · Oct 15, 1986

In establishing reasonable cause, a critical element is knowledge that an offense has been committed. … The defendant has the burden of establishing fraud or irreparable injury in the jury selection process. State v. Brown, 414 So.2d 726, 728 (La.1982).

Spragio v. BOARD OF TRUSTEES OF EMP. GROUP BENEFITS PROGRAM

468 So. 2d 1323 · Louisiana Court of Appeal · Apr 16, 1985

Additionally, by Acts 1972, No. 135 § 1, the legislature clearly defined "retirement benefit" as "an annuity for life paid in equal monthly installments." LSA-R.S. 42:543(25). … Pursuant to this Executive Order, the Commission of Administration did establish a uniform group plan of life and health insurance for state employees....

State v. Bolton

99 La.App. 5 Cir. 80 · Louisiana Court of Appeal · Jun 30, 1999

According to the defendant, no foundation for the testimony was laid prior to the introduction of the testimony to establish that the officers were qualified to testify as to the value of the items. … Sanders, supra, the testimony was clearly not hearsay and was admissible. This assignment of error is without merit.

Lewis v. Exxon Corp.

417 So. 2d 1292 · Louisiana Court of Appeal · Jun 29, 1982

In reaching its decision, the trial court found that Exxon was the statutory employer of Lewis under LSA-R.S. 23:1061, and as such entitled to tort immunity under LSA-R.S. 23:1032. … In his argument, the appellant states that "Litt (principal's employee) is immune to claims by Lewis (contractor's employee), but Lewis is not immune to claims by Litt.

Eason v. J. Weingarten, Inc.

219 So. 2d 516 · Louisiana Court of Appeal · Feb 26, 1969

Alternatively, defendants contend that the conduct of Cummings was privileged and therefore subject to the immunity granted by Article 215 of the Louisiana Code of Criminal Procedure. … The court said: "We believe that clearly Mrs. Simmons' actions form the basis for a reasonable belief on the part of Mr. Brock that she had committed a theft." "In addition, while the actions of Mr.

Boise Cascade Corp. v. Dean

99 La.App. 3 Cir. 1356 · Louisiana Court of Appeal · May 3, 2000

La.R.S. 23:1208, the provision upon which the hearing officer relied, provides in pertinent part: § 1208 Misrepresentations concerning benefit payments; penalty; civil immunity A. … The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents. La. Const. art.

Payton v. Progressive Security Insurance Co.

2010 La.App. 4 Cir. 1644 · Louisiana Court of Appeal · May 25, 2011

Progressive argued that the “expert” was not qualified to make those determinations based on his education and experience, and never physically examined the motorcycle in question. … that the fact finder is clearly wrong or manifestly erroneous.

Leger v. Spurlock

589 So. 2d 40 · Louisiana Court of Appeal · Oct 18, 1991

La.R.S. 40:1299.47 clearly provides that all malpractice claims against qualified health care providers must be reviewed by a medical review panel prior to instituting suit. … Spurlock's dilatory exception stated that he was qualified and accepted under the provisions of the Louisiana Medical Malpractice Act prior to and on December 12, 1988.

Quinn v. GGS, L.L.C.

3 La.App. 5 Cir. 682 · Louisiana Court of Appeal · Dec 9, 2003

Gene Moody, a professional engineer, was qualified as an expert in the field of accident reconstruction, forensic engineering and safety engineering. … LA.CODE EVID. art. 302(4) defines an inference as “a conclusion that an evidentiary fact exists based on the establishment of a predicate fact.”

Credit Bureau Services v. Lundberg

8 La.App. 3 Cir. 1523 · Louisiana Court of Appeal · May 6, 2009

The evidence establishes that on April 14, 2004, Mr. … We do find manifest error in this factual conclusion as the hospital records establish that Mr.

Mouton v. State Department of Social Services, Office of Community Services

2000 La.App. 1 Cir. 0397 · Louisiana Court of Appeal · Feb 16, 2001

Even applying the more relaxed evidentiary standards recently established in Chaisson , the absence of evidence by state witnesses to support or establish the basis for the decision to decertify makes it impossible to determine … Clearly, the Department was required to submit competent evidence before the administrative tribunal to satisfy its burden of proof.

Bartels v. Roussel

303 So. 2d 833 · Louisiana Court of Appeal · Jan 31, 1975

The Oregon public records law qualified the right of inspection by limiting said right to lawful purposes. … We also find no evidence of the intent of the legislature to qualify this right in any manner.

Martinez v. Wilson

2015 La.App. 1 Cir. 0384 · Louisiana Court of Appeal · Dec 17, 2015

On May 27, 2014, Wilson filed an exception, asserting insufficiency of citation,, insufficiency of service of process, and lack of personal jurisdiction and filed a motion for new trial, asserting that the judgment was clearly … Howev *69 er, given that Martinez failed to establish how he was qualified to render that medical opinion, his testimony is clearly hear? say and therefore inadmissible. See La. C.E. art. ,801.

Soteropulos v. Schmidt

556 So. 2d 276 · Louisiana Court of Appeal · Jan 30, 1990

Schmidt and Hewitt claim the trial court erred in failing to grant a directed verdict or judgment notwithstanding the verdict on the grounds (1) that no medical expert testimony established the standard of care applicable … We cannot find that the jury was clearly wrong in concluding that the defendants breached their standard of care in performing the plaintiff's amputation.

John C. Bose Consul. Eng. v. John T. Campo

978 So. 2d 1033 · Louisiana Court of Appeal · Feb 20, 2008

Because Bose clearly set forth that he was owed money on this project, the burden shifts to Campo to prove any affirmative defense. … Because Bose clearly set forth that he was owed money on this project the burden shifts to Campo to prove any affirmative defense.

Collins v. Baggette

480 So. 2d 754 · Louisiana Court of Appeal · Sep 25, 1985

Baggette was not qualified under the provisions of LSA-C.C.P. 3097. A hearing was held on September 25, 1984. … Not only is this required by law, it is clearly the custom in this state. See for example Form No. 816a, Form No. 816b, Vol. 11, C.C.P. Pleadings and Judicial Forms, page 116, et seq., and footnotes thereto.

Johnson v. DEPARTMENT OF HEALTH & HOSPITALS

808 So. 2d 436 · Louisiana Court of Appeal · Feb 16, 2001

The Commission's finding of fact should not be reversed unless clearly wrong or manifestly erroneous. Marcantel v. Department of Transp. and Development, 590 So.2d 1253, 1255 (La.App. 1st Cir.1991). … Applicants were allowed to take the qualifying test." The testimony of Lori Fakier, in response to Johnson's questioning, supports this finding.

Seegers v. State Farm Mutual Automobile Ins. Co.

188 So. 2d 166 · Louisiana Court of Appeal · Jan 26, 1966

Shipp, a qualified specialist in neurology, also trained in the field of psychiatry, to whom Mrs. Seegers was referred by her attending physician for examination and diagnosis. … We are primarily concerned with the question of conversion neurosis which was *168 clearly and adequately defined in the opinion of the court in Humphries v. Delta Fire & Casualty Co. (1st Cir., 1959), 116 So.2d 130 .