Case law

Jones v. Black

2013 La.App. 1 Cir. 1889 · Louisiana Court of Appeal · May 2, 2014

Cameron’s | n education, training, and experience clearly qualified him as an expert as tendered in the field of obstetrics and gynecology: See Bradbury v. … Kastl are qualified to render opinions concerning whether Dr.

Lisa Alfano v. Lafayette City-Parish Consolidated Government

Louisiana Court of Appeal · Jun 30, 2010

Finding that exercise of discretion entitled Officer Menard and LCG to qualified immunity, the trial court granted the motion for summary judgment. … The court in White held the investigating officer had complied with La.R.S. 32:398(D) because he conducted his investigation and obtained the information from the parties actually involved in the accident, and it was clearly

Thibodeaux v. Southwest La. Hosp. Ass'n

488 So. 2d 743 · Louisiana Court of Appeal · May 14, 1986

All of this seems to fit clearly within the Louisiana law as codified in Article 2747 of the Civil Code. "Article 2747. CONTRACT OF SERVANT TERMINABLE AT WILL OF THE PARTIES. … Furthermore, the record at this point indicates that even if the elements of defamation existed, that the qualified privilege would apply. See White v. Baker Manor Nursing Home, Inc., 400 So.2d 1168 (La.

Drury v. Kitchen

94 La.App. 4 Cir. 0410 · Louisiana Court of Appeal · Nov 17, 1994

George Hero, who was qualified as an expert in the cause and origin of fires, testified that the shed caught fire and the fire spread to Drury’s office in the main building. … Esso Plaisance, qualified as an expert in the field of the Fire Codes of the City of New Orleans, was hired by Drury to testify concerning alleged Fire Code violations. Mr.

HOUSING AUTH. OF CITY OF LAKE CHARLES v. Pappion

540 So. 2d 567 · Louisiana Court of Appeal · Mar 15, 1989

Defendant was eligible for residency in the apartment complex because he established that he was a disabled individual under 42 U.S.C.A. § 1437a(b)(3), by reason of his paranoid schizophrenia. … New York University, supra, discussed this part of Section 504 as follows: "Turning to the Act's term otherwise qualified handicapped individual, it is now clear that this refers to a person who is qualified in spite of her

Sullivan v. Malta Park

2014 La.App. 4 Cir. 0478 · Louisiana Court of Appeal · Dec 10, 2014

Sullivan contends that her pleadings were sufficient to establish an IIED cause of action. … Sullivan’s cause of action for IIED is precluded by the application of the qualified privilege.

Miller, Smith and Champagne v. Capital City Press

142 So. 2d 462 · Louisiana Court of Appeal · May 21, 1962

There can be no doubt that the identity of the informant could be calculated to lead to admissible evidence which would establish him as "an absolutely reliable source" or an unreliable source, and if the latter be established … "The existence of probable cause is the second requisite for invoking the doctrine of qualified privilege.

Marcantel v. Allen Parish School Bd.

490 So. 2d 1162 · Louisiana Court of Appeal · Jun 25, 1986

Any other conclusion would be clearly erroneous. In light of our factual determination that Ms. … No other cause was established. The trial judge did not err in concluding that the condition was a result of the accident. Dr.

Brown v. Democratic Committee, Court of Appeal, Fourth Circuit, Third District

238 So. 2d 48 · Louisiana Court of Appeal · Jul 15, 1970

It is true that they did not change their voting registration, but I think it is clearly evident that it was their intention to establish their home at the Mimosa Park address. … I would personally much prefer that he be qualified and that the electorate of the district make the important decision in which we, as judges of this Court, are much concerned; but I must express my convictions which are

Hook v. Georgia-Gulf Corp.

788 So. 2d 47 · Louisiana Court of Appeal · Jan 12, 2001

To establish a prima facie case under the LHRA, Hook must show: 1) he has a disability; 2) he is a qualified individual for the job in question; and 3) an adverse employment decision was made because of his disability. … The evidence does not clearly establish that Hook was substantially limited in his ability to learn despite his Ritalin treatment.

Richard v. Mike Hooks, Inc.

772 So. 2d 148 · Louisiana Court of Appeal · Oct 4, 2000

It has been held that where a prior disposition is clearly erroneous and will create a grave injustice, it should be reconsidered. Turner v. … Thus, the fact that a maritime employee is injured while on a ship at sea as part of his employment does not qualify him as a member of the vessel's crew, and a maritime employee need not work only on a vessel to qualify

Taylor v. Clement

832 So. 2d 1089 · Louisiana Court of Appeal · Dec 4, 2002

The Act does not expressly state that a healthcare provider, qualified at the time of the medical negligence, qualified at the time of a complaint of medical negligence is filed, and qualified at the time judgment against … Clement's liability for the suffering and the death of the Taylors' child is subject to the manifest error/clearly wrong standard of review as set out in Stobart v.

State v. Hampton

2015 La.App. 4 Cir. 1222 · Louisiana Court of Appeal · Dec 23, 2015

not be qualified as an expert. … At the hearing, the burden of establishing reliability shall be upon the proponent of the evidence.

Robinette v. Lafon Nursing Facility of the Holy Family

2015 La.App. 4 Cir. 1363 · Louisiana Court of Appeal · Jun 22, 2017

Robinette and/or were immune from liability. … Under principles of sovereign immunity, FEMA also is immune from liability based on its alleged failure to provide adequate shelter, medical services, triage, evacuation, and transportation during Hurricane Katrina.

Joiner v. Weeks

383 So. 2d 101 · Louisiana Court of Appeal · May 30, 1980

'; `I clearly understand what the agreement was [between plaintiff and Mrs. Youngblood].'" … Our brothers on the Second Circuit succinctly stated the law relative to qualified privileges in Carter v.

In Re: Medical Review Panel Proceedings for the Claim of Jack Edward Price, II (D)

Louisiana Court of Appeal · Dec 17, 2025

The PCF urges that, in opposing the no right of action exception, the plaintiffs offered evidence which failed to establish three important facts. There was no proof that: (1) Dr. … The Supreme Court in Khammash observed that this was clearly to hold the PCF liable only for acts constituting medical malpractice. Id. at p. 14, 145 So. 3d at 257.

Jones v. Gaines

978 So. 2d 522 · Louisiana Court of Appeal · Mar 5, 2008

(4) Have defendants conclusively established their right to the affirmative defense of immunity under La. R.S. 9:2798.1? … R.S. 9:2800.2 establish the conditions and obligations for the release of patients like Gaines and the duty of health care providers of these patients to warn "clearly identified victim or victims" of a significant and "specific

Massie v. Cenac Towing Co., Inc.

796 So. 2d 14 · Louisiana Court of Appeal · Apr 25, 2001

The liability of Cenac and its insurer was established by summary judgment and is not an issue. … Finally, Cenac argues that it was error for the trial court to qualify Perry as an expert.

Keisha Henry and Cedric Brumfield, III v. Richard Bell, Sr. and Darren Lombard in His Capacity as Clerk of Criminal Court

Louisiana Court of Appeal · Aug 25, 2023

The court finds that Plaintiffs failed to make a prima facie case establishing that Defendant had violated paragraph 9 on his Notice of Candidacy (Qualifying Form). … So.3d 1055, 1058-59, this Court outlined the standard of review and burden of proof in election suits, as follows: Appellate courts review a trial court’s findings of fact under the manifest error or clearly

Basil Fisher v. Catahoula Parish Police Jury

Louisiana Court of Appeal · Apr 29, 2015

Mizzel, and Frankie Tolar clearly set forth sufficient facts to establish Fisher was working as a trustee laborer for the Police Jury at the time of the accident. … Further, the immunity from liability granted to governmental entities established in La.R.S. 15:708(H) is not all encompassing.