Case law

A.M.A. Distributors, Inc. v. School Board of the Parish of Iberville

98 La.App. 1 Cir. 0373 · Louisiana Court of Appeal · Apr 1, 1999

An exemption is an exceptional privilege, which must be clearly, unequivocally, and affirmatively established. Zapata Haynie Corp. v. … gaming establishments and the manufacture, supply, or distribution of gaming devices and equipment, in order to protect the general welfare and prevent criminal and corrupt elements.

Snow v. Travelers Insurance

389 So. 2d 408 · Louisiana Court of Appeal · Sep 22, 1980

This accreditation was not qualified in any manner to designate La Hacienda as a psychiatric facility to be distinguished from a hospital. … If the insurer sought to differentiate accreditation programs, it could have clearly done so in a manner which would put the policyholder *410 on notice as permitted by the insurance code. [See La.R.S. 22:213(B).]

Elmer v. Coplin

485 So. 2d 171 · Louisiana Court of Appeal · Feb 26, 1986

Privileged communications are divided into two general classes: (1) absolute or unqualified; and (2) conditional or qualified. … The words clearly tend to harm Marx Elmer in the pursuit of his profession. Since the words written in the letter are defamatory per se, falsity and malice are presumed.

Raburn v. Williams

786 So. 2d 955 · Louisiana Court of Appeal · May 9, 2001

We conclude, after review of the record on appeal, that, clearly, the Raburns have failed to produce factual support sufficient to establish that they would satisfy their evidentiary burden of proof at trial; therefore, summary … R.S. 9:2798.1, the City enjoys immunity from liability for performing or failing to perform discretionary acts, unless the actions are arbitrary and capricious. See, Gleason v.

Kennedy v. St. Charles General Hosp. Auxiliary

630 So. 2d 888 · Louisiana Court of Appeal · Dec 30, 1993

On appeal plaintiff argues that he established a case for liability against the underlying health care providers, Drs. Cook and Schwartz, thus the judgment in favor of the LPCF was clearly erroneous. … "Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence.

Pierce v. STATE, OFFICE OF LEGISLATIVE AUD.

984 So. 2d 61 · Louisiana Court of Appeal · Feb 8, 2008

The Court also finds none were better educated nor more qualified than the plaintiff. … However, if a reasonable factual basis exists, an appellate court may set aside a trial court's factual finding only if, after reviewing the record in its entirety, it determines the trial court's finding was clearly wrong

COSSICH v. Plaquemines Parish Government

2009 La.App. 4 Cir. 1522 · Louisiana Court of Appeal · Oct 8, 2010

Hargis, 179 La. 623 , 154 So. 628 , a clerk of court failed to qualify by failing to furnish bond required by law within thirty days after having received his commission. … Cossich establishes that the Charter Commission members were de facto commissioners, if not de jure. . RESOLUTION NO.

State v. Barber

445 So. 2d 463 · Louisiana Court of Appeal · Jan 12, 1984

The facts and circumstances of each case determine whether the affidavit established probable cause on the date of the execution of the warrant. In State v. … Officer Cimino had previously qualified as an expert in illegal drug packaging and distribution in other sections of criminal court.

LaBove v. Raftery

759 So. 2d 240 · Louisiana Court of Appeal · Apr 19, 2000

CSB argues that qualifying language following the above language taken from Monsanto was not included in the instruction, thereby introducing prejudicial error. … An appellate court can reverse a lower court's factual findings when the record (1) reflects that a reasonable factual basis does not exist for the finding and (2) establishes that the finding is clearly or manifestly wrong

Brannon v. Peerless Insurance Co.

147 So. 2d 656 · Louisiana Court of Appeal · Nov 9, 1962

May the insurer defend upon the ground that such plaintiff is a person insured against legal liability and claim immunity on that basis ? … Clearly, the decisions of the majority would permit a recovery. Several other decisions involving this identical point have permitted such an action to lie.”

State v. Beaudette

2012 La.App. 1 Cir. 0871 · Louisiana Court of Appeal · Jul 13, 2012

Mark Trudell, a state witness who was qualified as an expert in organic chemistry, explained the chemical makeup of the two compounds at issue (JWH-018 and JWH-210). … It is well established that a vagueness challenge to a statute not involving First Amendment freedoms must be examined in the light of the facts of the case at hand and as applied to the particular defendant. Maynard v.

Darce v. Calcasieu Paper Co.

85 So. 2d 659 · Louisiana Court of Appeal · Feb 3, 1956

It applies also to the widow and children where they have failed to qualify for the conclusive presumption of dependency, because they were not ‘living with’ the deceased.” … If such were not the intention of the Legislature it, at that time, could have so stated easily, simply, .and clearly.”

Theus v. Schumpert Medical Center

637 So. 2d 631 · Louisiana Court of Appeal · May 4, 1994

In a workers’ compensation case, although the court is not bound to follow technical evidentiary rules, hearsay evidence that is clearly inadmissible should not be considered. Clark v. … Art. 803(6), exceptions to the hearsay rule are established which include medical reports or records.

MFA Life Ins. Co. v. Huey

347 So. 2d 63 · Louisiana Court of Appeal · May 23, 1977

Baldwin obtained individual applications from the qualified employees of the credit union and delivered these applications and a copy of the trust agreement to the MFA home office. … pension plan, and since Lynn Huey had no vested interest, the judgment awarding Mary Huey the proceeds of the annuity policy was clearly erroneous.

State v. Fleming

846 So. 2d 114 · Louisiana Court of Appeal · Apr 16, 2003

Lee concluded that judges are not immune from social categorization and discrimination. … His written report concluded that judges are not immune from social categorization and discrimination.

Rosehill Construction, LLC v. Ted Hebert, LLC

Louisiana Court of Appeal · Nov 28, 2022

Cobb had qualified immunity pursuant to La. R.S. 9:2798. 1. On February 22, 2022, the district court granted Rosehill' s motion for reconsideration and vacated its December 13, 2021 judgment. … Cobb had qualified immunity for such actions. Further, the City Parish and Mr.

Vincent v. Romagosa

390 So. 2d 270 · Louisiana Court of Appeal · Jan 26, 1981

`Original' and `exclusive' are terms regulating jurisdiction of cases as between the several courts established by the constitution. … Goldman, supra, the present case is clearly premature, because no medical review panel has been established nor rendered an opinion. MUST PHYSICIAN PANEL MEMBERS RESIDE IN SAME LOCALITY AS DEFENDANT?

Lee v. Missouri Pacific R. Co.

566 So. 2d 1052 · Louisiana Court of Appeal · Aug 22, 1990

Armstrong was qualified to run the gas chromatograph. … This fact may have contributed to Lee's stopping on the track and his failure to avoid the accident for the 10 to 12 seconds that the train was clearly in view.

Burdette v. Drushell

837 So. 2d 54 · Louisiana Court of Appeal · Dec 20, 2002

The contract was never reduced to writing, and the scope of work was never clearly defined. … The record establishes that the parties clearly contemplated plaintiff would personally perform labor under the "costs plus" contract, and that such labor was payable as part of the "costs," separately from the 20% overhead

Hilliard v. Richard

291 So. 2d 875 · Louisiana Court of Appeal · Mar 12, 1974

On the other hand, the mother emphasizes the principle that the law presumes the mother to be better qualified for the care of the children, particularly daughters of a tender age. … In the present case, the judge apparently decided the disadvantage of removing the children from the environment to which they had become accustomed in the father's home, was clearly outweighed by the advantages of their