Case law

Landiak v. Richmond

899 So. 2d 65 · Louisiana Court of Appeal · Mar 2, 2005

Richmond counte-rargues that the trial court correctly dismissed the petition on account of the plaintiffs failure to comply with the exclusive procedure established by the Election Code, and that the merits of the plaintiffs … Pursuant to the request in the petition, the trial court signed an order setting a hearing on the preliminary injunction for February 28, which was clearly beyond the four-day time limit for the commencement of trial found

Scott v. Natchitoches Parish Democratic Executive Committee

121 So. 2d 766 · Louisiana Court of Appeal · Jun 30, 1960

On this point it is incontrovertibly established that Ronald C. … As we stated in the Sanders case, cited supra, the action of party committees should not be disturbed unless they are clearly unreasonable or arbitrary.

Fontan v. Estopinal

529 So. 2d 1330 · Louisiana Court of Appeal · Jul 26, 1988

(2) May two parties contract away legally established rights of a third party who is not privy to that contract? … The affidavits presented by defendant Estopinal clearly refute that as owner he knew or should have known of any defect.

Julio Laboriel-Pitio and Franklin Gustavo Arriola v. Latoya Latiker, Progressive Paloverde Insurance Company and State Farm Mutual Automobile Insurance Company

Louisiana Court of Appeal · Jun 16, 2021

That being said, plaintiffs established that they were injured. … (iii) A person who may be immune from suit because of immunity granted by statute.

Faulkner v. McCarty Corp.

853 So. 2d 24 · Louisiana Court of Appeal · Jun 11, 2003

In the instant case we find that the evidence clearly demonstrates that when the Dock Board leased its warehouses, it gave complete control of those warehouses to the lessee. … R.S. 9:2798.1(B) grants the Dock Board qualified immunity from liability based upon the exercise or performance or the failure to exercise or perform its discretionary acts. Id., 685 So.2d at 588-89 .

Gordon v. POINTE COUPEE HEALTH SERVICE

47 So. 3d 565 · Louisiana Court of Appeal · Aug 11, 2010

No civil action against a qualified health care provider or its insurer may be commenced in any court before the claimant's proposed complaint has been presented to a medical review panel established pursuant to the LMMA. … " and that all other tort liability on the part of the qualified health care provider is governed by general tort law.

Emery v. Owens-Corporation

813 So. 2d 441 · Louisiana Court of Appeal · Nov 9, 2001

This record establishes a reasonable factual basis to support the jury's finding that these other-premises owners were not liable for the Bendilys' damages and, as such, is not clearly wrong. … Accordingly, this finding by the jury, lacking a reasonable factual basis to support it, is clearly wrong and is reversed.

Commonwealth Insurance Co. v. Halliburton Energy Services, Inc.

2003 La.App. 1 Cir. 2490 · Louisiana Court of Appeal · Dec 30, 2004

that the fact finder is clearly wrong or manifestly erroneous. … To perform its constitutional duty properly, an appellate court must determine whether the trial court’s conclusions were clearly wrong based on the evidence or clearly without evidentiary support.

Dusang v. Liberty Mutual Insurance Co.

195 So. 2d 340 · Louisiana Court of Appeal · Feb 13, 1967

Hyman, the only physician who qualified as an expert in the subspecialty of cardiology. Dr. … Furthermore, the medical evidence adduced herein clearly establishes that the lifting episode resulted in some damage to the heart or the vessels immediately attendant thereto, probably in the form of an occlusion.

Campbell v. Abraham

152 So. 2d 309 · Louisiana Court of Appeal · Mar 29, 1963

Chapin who qualified as a landscape expert in horticulture and whose firm was employed by the City of Baton Rouge to landscape the lot on which the pumping station was erected. … His purpose in testifying for the defendant was to establish the actual cost of restoring the plaintiff’s property.

Stevedoring Services of America v. Kahn

726 So. 2d 53 · Louisiana Court of Appeal · Dec 9, 1998

As can be gleaned from the above, with specific regard to the issue before us, four requirements must be met to qualify for ad valorem tax exempt status: (1). … Alternatively, the same result would more clearly obtain had the redactors said, "ships, oceangoing tugs, towboats and barges."

Whitney v. Mallet

442 So. 2d 1361 · Louisiana Court of Appeal · Dec 14, 1983

There apparently were several exchanges of words and the plaintiff decided to leave the establishment. … Every person who, under color of state law, causes another to be deprived of any rights, privileges, or immunities secured by the Constitution and laws, is liable to the party injured in an action at law, suit in equity,

Arnold v. Stupp Corporation

205 So. 2d 797 · Louisiana Court of Appeal · Mar 8, 1968

These cases are clearly distinguishable from the authorities hereinabove referred to and the agreement entered into between the parties therein clearly evidence an intent to indemnify the indemnitee against the latter's own … No such qualifying language is found in the instant agreement.

Cooksey v. Stewart

938 So. 2d 1206 · Louisiana Court of Appeal · Aug 23, 2006

clearly on the face of the pleadings. … A successful claimant in a defamation action must establish the following elements: (1) defamatory words; (2) publication; (3) falsity; (4) malice; and (5) injury. Rogers, supra .

State v. Rumley

2014 La.App. 4 Cir. 1077 · Louisiana Court of Appeal · Dec 16, 2015

She subsequently qualified that testimony, saying “not so much the anus.” … In any case, the evidence 'was clearly admissible under La.

Guidry v. Beauregard Electric Cooperative, Inc.

14 La.App. 3 Cir. 1108 · Louisiana Court of Appeal · Apr 8, 2015

BECi contends the trial court erred in qualifying Mr. … We have reviewed BECi’s complaint that the trial court erred in qualifying Mr.

Cascio v. Carpet

968 So. 2d 844 · Louisiana Court of Appeal · Oct 24, 2007

Paula Lyles, a manager at Henry Hays, denied the Cascios' claim that she intimated that Marble was not qualified to do the job. … He stated that Marble had installed wood floors for him before the Cascio job and that he was a reputable and qualified installer.

Holcomb v. Kincaid

406 So. 2d 650 · Louisiana Court of Appeal · Nov 2, 1981

Desiring to obtain divorces from their respective spouses as quickly as possible, they moved to Arkansas to establish residence. … The jury in this instance has clearly abused its discretion in awarding such a large amount on the evidence presented.

Myers v. Gulf Public Service Corp.

15 La. App. 589 · Louisiana Court of Appeal · Jan 27, 1931

This clearly indicates to our minds that the father and mother each had a right of action for the death of their son. … The amendment simply set forth the status of the plaintiff more clearly. It did not change- it in any way.

Marmino v. City of Crowley

2002 La.App. 3 Cir. 0472 · Louisiana Court of Appeal · Oct 30, 2002

The trial court committed manifest error and was clearly wrong when it found that Paul Marmino contracted hepatitis C from his employment. 2. … It explained: "Substantive laws are laws that impose new duties, obligations or responsibilities upon parties, or laws that `establish new rules, rights and duties or change existing ones.'" Manuel [v.