Case law

Tammy Simoneaux v. Lafayette Consolidated Government

Louisiana Court of Appeal · May 1, 2013

SATS argues that it established that it was entitled to the protections of La.R.S. 9:2795 and that Ms. … Simoneaux has failed to establish any intentional or grossly negligent acts on behalf of SATS. Blanket Tort Immunity Ms.

Flowers v. Entergy Corporation

30 So. 3d 283 · Louisiana Court of Appeal · Jan 29, 2010

Brooks was not qualified to testify as an accident reconstructionist. We disagree. … To establish liability, all the required elements of negligence must be found.

Duplessy v. Duplessy

12 La.App. 5 Cir. 69 · Louisiana Court of Appeal · Jun 28, 2012

If there are two permissible views of the evidence, a fact finder’s choice between them cannot be manifestly erroneous or clearly wrong. Id. … It is well established that each child custody case must be viewed in light of its own particular set of facts and circumstances. McCormic v. Rider, 09-2584, p. 3 (La.2/12/10), 27 So.3d 277, 279 .

Solito v. Horseshoe Entertainment

834 So. 2d 610 · Louisiana Court of Appeal · Dec 18, 2002

Alicia also indicated that her heel stuck in the depression area at the time of her fall. *617 Horseshoe disputes the depression area or trench and claims that causation for the fall was not clearly established. … Under these circumstances, the trial court was not clearly wrong in failing to assess fault to Alicia.

RGC Investments, Inc. v. Almerico

435 So. 2d 1043 · Louisiana Court of Appeal · Jun 6, 1983

Therefore, jurisdiction is clearly established *1045 in that case. Enclosed is the motion to dismiss this case I am filing. Dismissal of the plaintiffs' suit would not disturb the reconventional demand, if Mr. … Moreover, the trial court did not exercise its discretion to grant the dismissal only with prejudice, but granted the qualified dismissal based on the joint motion."

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

Annina v. Eschette

814 So. 2d 13 · Louisiana Court of Appeal · Nov 21, 2001

The trial court has great discretion in whether to qualify an expert witness and has wide latitude in determining whether that expert has the competence, background and experience to qualify. Posecai v. … Annina has not established that the Eschettes have elected to keep these improvements, she is not entitled to be reimbursed for them. Although Mrs.

Laron Harris and Pamela Harris, Individually and on Behalf of the Estate of the Minor Jaiden Harris v. Holliway Medical Clinic and Unnamed RN in Employ of Holliway Medical Clinic

Louisiana Court of Appeal · Aug 10, 2022

A breach of the standard of care alone is not sufficient to establish malpractice. … Further, the record is devoid of any objection by the appellants to the admission of evidence of the clinic’s qualified status.

Raphile v. Alexander

315 So. 2d 836 · Louisiana Court of Appeal · Jul 8, 1975

These facts clearly indicate that under the circumstances the defendant driver had no duty to anticipate a 12-year-old boy would dart from between slow-moving cars into the path of his automobile. … Being a widow, under C.C.P. art. 683 she is required to qualify as the tutrix of this minor. However, in view of our findings in this matter the issue of her capacity becomes academic.

CAJUN ELEC. POWER CO-OP., INC. v. Louisiana Power & Light Co.

324 So. 2d 475 · Louisiana Court of Appeal · Dec 15, 1975

Since the arbitrator derives his authority solely from the contract, his right to arbitrate the dispute must be clearly established by the contract. See generally, Domke § 12.01. … In the event they are unable to choose a third arbitrator, either party, or both, may apply to the American Arbitration Association for a list of five persons, each qualified to act as a neutral arbitrator.

State v. Hankerson

604 So. 2d 1330 · Louisiana Court of Appeal · May 22, 1992

statements elicited by the state during plea negotiations which took place in Rapides Parish, where the defendant was charged in both Avoyelles Parish and Rapides Parish and he apparently believed that he was being offered immunity … Thus, Captain Connor's testimony clearly reflects that he first advanced the proposal that the brothers confess; and, in fact, he required the defendant to confess to this crime as a predicate for entering into an alliance

Faubourg Marigny Improvement Ass'n v. City of New Orleans

2015 La.App. 4 Cir. 1308 · Louisiana Court of Appeal · May 25, 2016

¡automatically qualify for an increase in the base zoning district’s height, floor area ratio, and density restrictions. … These powers, nevertheless, must be exercised “[s]ubject to uniform procedures established by law.” La. Const, art.

Crooks v. LCS Corrections Services, Inc.

994 So. 2d 101 · Louisiana Court of Appeal · Aug 21, 2008

While these statements do not establish that any of the exposures were sufficient to cause the symptoms being complained of, the statements do establish that there were physical properties, such as smoke, ash, odors, and … The court also found that "counsel for plaintiffs are competent, experienced[,] and qualified."

Ritz v. Ritz

666 So. 2d 1181 · Louisiana Court of Appeal · Dec 13, 1995

Spouses are free to establish by matrimonial agreement a regime of separation of property or modify the legal regime as provided by law. … Ritz, the contract fails to qualify as an authentic act under La.C.C. art. 1833, infra.

Blanchard v. Blanchard

2012 La.App. 1 Cir. 0106 · Louisiana Court of Appeal · Dec 31, 2012

The court stated, “Intentionally 1 lfttortious actions, ostensibly performed for a client’s benefit, will not shroud an attorney with immunity. … Fountain, 93-2176 (La.App. 1st Cir. 10/07/94), 644 So.2d 733 , this court examined a list of itemized expenses presented on a law firm’s invoice to determine whether they all qualified as “litigation expenses,” and found

Belgard v. Manchac Technologies, LLC

12 La.App. 3 Cir. 191 · Louisiana Court of Appeal · Jun 6, 2012

Manchac clearly accepted, received, and retained the full benefit of this arrangement and operated in accordance with it. … Milton’s additional 0.5% was purchased at a later time and, therefore, qualified as a “new Membership Interest” under Section 3.5.3 of the Restated Operating Agreement.

Price v. Louisiana Department of Transportation & Development

608 So. 2d 203 · Louisiana Court of Appeal · Jun 18, 1992

Because of defendant’s qualified immunity as a prison guard from Section 1983 liability, the trial judge instructed the jury that plaintiff inmate could only recover if defendant guard was guilty of “gross negligence” or … Based on the evidence in the record, we cannot say the trial court was clearly wrong in finding that Mrs.

Becnel v. Lafayette Ins. Co.

99 La.App. 4 Cir. 2966 · Louisiana Court of Appeal · Nov 15, 2000

In light of the evidence presented, we find that the trial court was within its discretion in qualifying Mr. … R.S. 22:658, the claimant must establish that the insurer received satisfactory proof of loss, failed to pay the claim within 30 days of proof of loss, and that its failure to pay the claim was arbitrary, capricious, or without

Lillie v. Stanford Trust Co.

235 So. 3d 1139 · Louisiana Court of Appeal · Nov 1, 2017

Thus, as the foregoing illustrates, the trial court clearly did not rely on the “fraud on the market” theory as grounds for certifying the class action. … sufficient to establish the numerosity element.

Bradley v. Arnold Lege Alligator Farm

625 So. 2d 591 · Louisiana Court of Appeal · Oct 6, 1993

We have no trouble in finding that Bradley was clearly temporarily totally disabled for some time immediately following the accident. … Second, it was established at trial that Bradley's father, Kenneth R.