Case law

Harrah's Bossier City Investment Co. v. Bridges

2008 La.App. 1 Cir. 1727 · Louisiana Court of Appeal · Jul 27, 2009

Oreck: Two well established rules of statutory construction come into play when considering exclusions and exemptions. … Even if the word “exemption” is not expressly used, an exemption is created if the effect of the provision is to grant an immunity from taxation.

Bowers v. Sun Life Assurance Co. of Canada

99 La.App. 3 Cir. 215 · Louisiana Court of Appeal · Jun 30, 1999

Bowers’ disability is a finding of fact, we will not disturb the trial court’s conclusion unless we find it is manifestly erroneous or clearly wrong. In Rodriguez v. American Standard Life & Acc. Ins. … Bowers was able to engage in an occupation for which he was qualified subsequent to the first twenty-four months of | ^incapacity. Mr.

Frasier v. DEPARTMENT OF HEALTH AND HUMAN

500 So. 2d 858 · Louisiana Court of Appeal · Dec 23, 1986

In her assignments of error, plaintiff alleges that the trial court clearly erred in: 1. the determination of the appropriate medical standards involved; 2. ruling that the actions or omissions of defendant's physicians in … the diagnosis and treatment of appellant in her first admission to East Louisiana State Hospital had prescribed; 3. finding that the evidence failed to establish that defendant was negligent in the diagnosis of plaintiff

Leslie A. Ellison v. Winston Melvin Whitten, Jr. and the Honorable Arthur A. Morrell, in His Official Capacity as Clerk of Criminal Court for the Parish of Orleans

Louisiana Court of Appeal · Aug 11, 2020

The record establishes that Defendant was personally served with the lawsuit at that address listed on his Notice. … Under these circumstances, the trial court clearly erred in granting Plaintiff’s petition to disqualify Defendant.

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.

Copeland v. Gordon Jewelry Corporation

288 So. 2d 404 · Louisiana Court of Appeal · Mar 15, 1974

Defendant has its principal office in Houston, Texas, and is not qualified to do business in the State of Louisiana. … , may be brought in the parish where this office or establishment is located."

Jett v. Jett

957 So. 2d 368 · Louisiana Court of Appeal · May 23, 2007

However, Captain Whitaker explained that the only real requirement for qualifying for a promotion with the State Police is length of service and rank of a trooper and a test. … For the foregoing reasons, the evidence in the record clearly shows that David "made no major changes in his career activities, he undertook no additional extensive education courses distinct and separate from what he did

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

Harris v. Shreveport Railways Co.

83 So. 2d 517 · Louisiana Court of Appeal · Nov 2, 1955

-The standard of care required of a carrier is qualified by the duty of a passenger not to contribute to such injury by any want of ordinary care. See: Baker v. … Clearly, with but one hand free, plaintiff could only steady herself with the left hand, by moving it from seat to seat while the trolley was in motion.

State v. Vidaurri

919 So. 2d 803 · Louisiana Court of Appeal · Dec 30, 2005

We have clearly established the analysis for a claim of insufficient evidence: When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court is whether, after viewing the evidence … "La.C.E. art. 702 states that experts may be qualified by reason of `knowledge, skill, experience, training, or education.'

Succession of Jones

193 So. 2d 352 · Louisiana Court of Appeal · Nov 21, 1966

Clearly the foregoing articles require that before a tutor may undertake to handle the affairs of a minor he must qualify as such by taking the required oath. … Clearly, therefore, the trial court must exercise discretion in the application of Article 3004 in a case properly falling within the scope of said codal authority.

Vanderbrook v. Coachmen Industries, Inc.

818 So. 2d 906 · Louisiana Court of Appeal · May 10, 2002

Specifically, Paw Paw's alleges that "because the affidavits have not set forth any information to indicate that the plaintiffs are qualified as experts in the field of automotive electrical systems, they are not qualified … As discussed above, we have concluded that the Vanderbrooks' affidavits sufficiently established their intent regarding the vehicle.

Snider v. Snider

474 So. 2d 1374 · Louisiana Court of Appeal · Aug 21, 1985

Although the record discloses that the parties later established a matrimonial domicile in Utah, it is not clear from the record when such domicile was established. … Clearly, Louisiana does not meet the requirements necessary to qualify as the home state of the children because the children have not resided in this state the requisite period of time.

State ex rel. A.L.

9 La.App. 3 Cir. 1565 · Louisiana Court of Appeal · Apr 7, 2010

Lange’s petition to establish custody. We affirm. I. ISSUES We must decide whether the trial court abused its discretion in dismissing Mr. Lange’s Petition to Establish Custody. II. … Lange certified or qualified, then at the very least the DDS and the District Attorney should have communicated with each other and prevented the issuance of an order of child support against a non-parent who had no legal

Osborne v. Vulcan Foundry, Inc.

577 So. 2d 318 · Louisiana Court of Appeal · Mar 14, 1991

Clearly, under this contract, BRMC accepted the premises as is, assumed complete responsibility for all maintenance and repair, and agreed to indemnify and hold harmless the Board from claims such as are now presented by … Both Vulcan and the Osbornes' oppositions to the motion are limited to the Dock *322 Board's claim that it is Osborne's statutory employer and, therefore, immune in tort under LSA-R.S. 23:1021 et seq.

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.

Coleman v. Deno

787 So. 2d 446 · Louisiana Court of Appeal · Apr 25, 2001

The Louisiana statutory scheme clearly distinguishes between the duties of hospitals and the duties of physicians. … In circumstances, such as the instant case, where the plaintiff clearly did not expect or intend to recover excess damages from the LPCF [Fund]—and especially where, as here, the settlement with the qualified health care

State Thru DOTD v. Wahlder

647 So. 2d 481 · Louisiana Court of Appeal · Dec 7, 1994

The trial court found that Wilson's testimony was not sufficient to establish ownership of the canopy. … His assessment of the qualifications of experts will not be disturbed unless clearly wrong. State v. Davis, 445 So.2d 163 (La.App. 3d Cir.1984).

R & B Falcon Drilling USA, Inc. v. Secretary, Department of Revenue

2009 La.App. 1 Cir. 0256 · Louisiana Court of Appeal · Jan 11, 2010

Central Marine Serv., Inc. and these materials and supplies qualify for the exemption. … However, tax exemptions are an exceptional privilege that must be expressly and clearly conferred in plain terms. Showboat Star P’ship v. Slaughter, 00-1227 (La.4/3/01), 789 So.2d 554, 560 ; McNamara v.

Oliver v. Orleans Parish School Board

2012 La.App. 4 Cir. 1520 · Louisiana Court of Appeal · Jan 15, 2014

The statutory requirement establishes the procedural due process owed to qualifying teachers from the transferred schools. … The Settlement Agreement clearly states the $7,000,000 represents settlement of the arbitrations listed within the document.