Case law

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.

Abs Servs., Inc. v. James Constr. Grp.

269 So. 3d 723 · Louisiana Court of Appeal · Dec 21, 2018

Second, to the extent that JCG and Continental are now claiming statutory immunity from liability, which is an affirmative defense, 1 I find such immunity claim was waived. … In this case, ABS claimed excess costs, lost profits, and the loss of its business as a result of the breach of the Subcontract by JCG. 32 Appellants argue that ABS failed to establish its claim by failing to establish a

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.

De La Cruz v. Riley

895 So. 2d 589 · Louisiana Court of Appeal · Feb 2, 2005

The obstruction of the roadway clearly violated the principles of the zone of recovery by removing the zone of recovery afforded to drivers along the highway. … Upon sustaining the objection the court reasoned: "He will not be qualified. Mr.

Abs Servs., Inc. v. James Constr. Grp.

269 So. 3d 723 · Louisiana Court of Appeal · Dec 21, 2018

Second, to the extent that JCG and Continental are now claiming statutory immunity from liability, which is an affirmative defense, 1 I find such immunity claim was waived. … In this case, ABS claimed excess costs, lost profits, and the loss of its business as a result of the breach of the Subcontract by JCG. 32 Appellants argue that ABS failed to establish its claim by failing to establish a

Singletary v. State Farm Fire & Cas. Co.

7 La.App. 3 Cir. 1347 · Louisiana Court of Appeal · Apr 23, 2008

In sum, the Benefit Plan satisfies all prerequisites for qualifying as an "ERISA plan" under Donovan . … Thus, because we find that the trial court was unreasonable and clearly wrong in concluding that the record did not sufficiently establish that the Benefit Plan is an "ERISA plan," we reverse that aspect of *222 its decision

Brister v. Wray-Dickinson Co.

159 So. 430 · Louisiana Court of Appeal · Mar 8, 1935

In Corpus Juris, vol. 37, p. 686, we find the following: “A wide distinction exists between pure statutes of limitation and special statutory limitations qualifying a given right. … and qualifies the nature of the right conferred.

Moore v. Central Louisiana Electric Co.

257 So. 2d 702 · Louisiana Court of Appeal · Feb 7, 1972

The documents show that neither defendant has ever qualified to do business in Louisiana or maintained an agent, office, or place of business in this state. … Those restrictions are more than a guarantee of immunity from inconvenient or distant litigation. They are a consequence of territorial limitations on the power of the respective States.

Frost v. Metropolitan Life Ins. Co.

635 So. 2d 706 · Louisiana Court of Appeal · Apr 8, 1994

Because we find that the factual determinations of the trial court are not clearly erroneous, we affirm. FACTS In February of 1960, Romulus J. … Plaintiff's initial burden is to establish a prima facie case of unlawful termination. The nature of the plaintiff's burden of proof at the prima facie stage is de minimis. Dister v.

Nancy Cormier v. Jacob Colby Perry

Louisiana Court of Appeal · Jun 6, 2018

Cormier’s claims and asserted that any statements he made were protected speech under Article III, § 8 of the Louisiana Constitution and, therefore, entitled to qualified immunity from prosecution. … To establish that his comments were made in connection with a public issue and, therefore, privileged and immune from suit, Mr. Perry attached an affidavit executed by him.

Dennis v. the Finish Line, Inc.

781 So. 2d 12 · Louisiana Court of Appeal · Dec 22, 2000

After reviewing the evidence, we conclude the causal link to establish the liability of The Finish Line was not established. Ms. Dennis testified that Mr. … The infection overwhelms the body's immune system.

In Re Industrial Homestead Ass'n

198 So. 528 · Louisiana Court of Appeal · Nov 18, 1940

Kirsch is a duly licensed and qualified real estate agent in New Orleans, conducting his business under the trade name, *529 “Charles Kirsch & Company”. … This has been recognized in many cases and is clearly stated in Conklin v. Caffall et ux., 189 La. 301 , 179 So. 434 , in Salley v. Louviere, 183 La. 92 , 162 So. 811 , and in Barchus v.

Oliver v. DEPT. OF PUBLIC SAFETY & CORR.

657 So. 2d 596 · Louisiana Court of Appeal · Jun 23, 1995

During such a proceeding to set and tax costs, ABC would have been afforded the opportunity to contest certain items of costs claimed by Oliver that may not have qualified as appropriate costs under LSA-R.S. 13:4533 and other … Oliver clearly had the burden of proving the costs to which he was entitled.

Carolyn Louviere v. Jacob Colby Perry

Louisiana Court of Appeal · Jun 6, 2018

Louviere’s claims and asserted that any statements he made were privileged speech under Article III, § 8 of the Louisiana Constitution and, therefore, entitled to qualified immunity from prosecution. … To establish that his comments were made in connection with a public issue and, therefore, privileged and immune from suit, Mr. Perry attached an affidavit executed by him to his motion.

Sarah Johnson, Juanita Leichman, and Tonette Dixon v. Ruston Louisiana Hospital Co., LLC d/b/a Northern Louisiana Medical Center, and its Employees, and Dr. Gregg Keith Arena, Jointly and Insolido

Louisiana Court of Appeal · Aug 10, 2022

The Hospital filed a motion for summary judgment on May 28, 2020, alleging that Plaintiffs failed to provide an expert opinion to establish essential elements of their cause of action, i.e., the standard of care, any conduct … While that original complaint only named NLMC and its “employees” as defendants, it clearly identified the anesthesiologist involved in the decedent’s treatment as a negligent actor.

Batson v. SOUTH LOUISIANA MEDICAL CTR.

778 So. 2d 54 · Louisiana Court of Appeal · Dec 22, 2000

The record clearly establishes that the contractures were the result of inadequate orthopedic care and virtually non-existent physical therapy. SLMC and the State were found to be 60% at fault in causing these injuries. … We disagree with the assertions by SLMC and the State that this issue was clearly decided by the trial court, with the trial court finding that physical therapy defendants Rowe and Angelito were in fact qualified state health

Menson v. Taylor

764 So. 2d 1079 · Louisiana Court of Appeal · Apr 17, 2000

State Farm maintains that the evidence on the motion for summary judgment establishes either: (1) plaintiff's only remedy is workers' compensation, thus precluding a tort action against Mr. … Taylor occurred while both workers were engaged in their employment and the confrontation leading to the injury was clearly employment-rooted. The incident, as told by Mr. Taylor, occurred because of Mr.

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.

Fowler v. Iles

517 So. 2d 1083 · Louisiana Court of Appeal · Oct 7, 1987

The classification of a party as indispensable may be applied only after the facts clearly establish that no complete and equitable adjudication of the controversy can be made in his absence. State, Dept. of Hwys. v. … Classification as an indispensable party should be applied only after the facts clearly establish that no complete and equitable adjudication of the controversy can be made in the party’s absence.

Pitard v. Pitard

1 La.App. 5 Cir. 966 · Louisiana Court of Appeal · Jan 15, 2002

Pitard’s medical practice were community property, where the language of the Matrimonial Agreement executed by the parties and supporting extrinsic evidence clearly establish that all interests in Dr. … Lisa Wright, a Certified Public Accountant qualified as an expert witness, testified that income is not an asset.