Case law

State v. Karey

15 La.App. 3 Cir. 522 · Louisiana Court of Appeal · Nov 12, 2015

This court rioted that the defendant enjoyed' “equitable immunity” as to the prosecution in Rapides Parish. … Sandi-fer was of the opinion that the criminal act was clearly one of second degree murder.

State v. Burge

449 So. 2d 196 · Louisiana Court of Appeal · Apr 11, 1984

The court observed that a burning building clearly presents an emergency of sufficient exigency to justify a warrantless entry into the building. … Because the building here involved was a commercial establishment, the privacy interest attendant to a private residence is also absent.

Smith v. Tri-State Transit of Louisiana

171 So. 119 · Louisiana Court of Appeal · Dec 11, 1936

The evidence fairly well establishes that it required but 75 yards to do this. … The driver of this car states that he was 150 to 200 yards from the coupé when it came over the crest and that the bus was practically midway between them, but qualifies this statement by adding that the bus was only 50 yards

Jordan v. STATE EX REL. BD. OF ADM'RS

40 So. 3d 1139 · Louisiana Court of Appeal · May 26, 2010

The breach of that standard of care was established through Ms. … Accordingly, based on the evidence in the record, we cannot find the trial court's finding of causation to be clearly wrong or manifestly erroneous. Furthermore, Ms.

Brenna Ash Miller,et Al v. Acadian Ambulance Service, Inc.

Louisiana Court of Appeal · May 23, 2018

Thus, “[t] he time limitation established by La. … By enacting La.R.S. 40:1133.13, “the Legislature granted EMTs a qualified immunity for liability from ordinary negligence claims; this immunity does not cover intentional or grossly negligent acts or omissions.”

State v. Linn

975 So. 2d 771 · Louisiana Court of Appeal · Feb 13, 2008

Clearly, there was sufficient evidence for this jury to determine that the essential elements of this crime existed to convict Linn. This assignment of error is without merit. … Channell's testimony established, without contradiction, that a number of the methamphetamine supplies were in plain view in Linn's vehicle.

Banes v. American Mut. Liability Ins. Co.

544 So. 2d 700 · Louisiana Court of Appeal · May 24, 1989

Although plaintiff's attorney did not fill out and return form LDOL-WC-1005 entitled "Application for Rehabilitation Services," he clearly made a formal request to the Office by his letters of July 23 and August 4, 1987, … Thus, we held that the compensation insurer of the employer was immune from a tort proceeding.

McDonald v. American Family Life Assurance Co. of Columbus

2010 La.App. 1 Cir. 1873 · Louisiana Court of Appeal · Jul 27, 2011

In seeking a declaration of coverage under an insurance policy, Louisiana law places the burden on the plaintiff to establish every fact essential to recovery and to establish that the claim falls within the policy coverage … Clearly, the 180 days would not necessarily all be work days.

LICENSING BD. v. Dept. of Agriculture

588 So. 2d 1268 · Louisiana Court of Appeal · Oct 18, 1991

Defendants' construction of the LSU chemistry building, the cost of which presumably exceeds $50,000.00, is clearly the type of act defined by the Contractor's Licensing Law to be "the business of a contractor." … It is well established that statutes are to be construed in such a manner as to effectuate their purpose. Smith v. Cajun Insulation, Inc., 392 So.2d 398, 400 (La. 1980).

State v. Gaspard

841 So. 2d 1021 · Louisiana Court of Appeal · Mar 5, 2003

However, assuming it was such an "act," Defendant's watching or showing the videos to his son was clearly not "lewd and lascivious" under Louviere . … If "french kissing" does not qualify as attempted indecent behavior with a juvenile, we cannot say watching sexually-explicit videos qualifies.

Hull v. Stalder

808 So. 2d 829 · Louisiana Court of Appeal · Feb 15, 2002

Recognizing tort actions as being clearly civil matters, the court found that CARP violated the Constitution by allowing the Department to exercise original jurisdiction in tort actions and was an invalid attempt to alter … Beyond that, the Lewis court held that to establish a Bounds violation the inmate must suffer "actual injury" or "actual harm" resulting from the "alleged shortcomings in the library or legal assistance program."

Gnagie v. DEPT. OF HEALTH & HUMAN RES.

603 So. 2d 206 · Louisiana Court of Appeal · May 22, 1992

The jurisprudence clearly establishes that, despite the article 184 presumption, otherwise legitimate children are allowed to establish their filiation to their biological fathers for wrongful death actions and inheritance … Although he claims to have had sexual relations with Cathy Griffith during the Easter weekend of 1981, the evidence clearly established that she spent that particular weekend with another man.

Warner v. USAA Gen. Indem. Ins. Co.

237 So. 3d 1241 · Louisiana Court of Appeal · Dec 29, 2017

that the fact finder is clearly wrong or manifestly erroneous. … However, in this appeal, appellants' did not specifically and clearly state what jury instructions they objected to and how the trial court erred in removing or changing the jury instructions. 13 Moreover, the record establishes

Louisiana Power & Light Co. v. McNamara

550 So. 2d 1345 · Louisiana Court of Appeal · Oct 11, 1989

An exemption from taxation is a privilege which must be clearly and unequivocally established. McNamara v. Electrode Corporation, 418 So.2d 652 (La. App. 1st Cir.), writ denied, 420 So.2d 986 (La.1982). … LP & L did not, on the record before the Board, clearly and unequivocally establish that the privilege of the statutory exemption to the additional sales tax should be applied to the contracts in question between LP & L and

Gary Hardy v. Juvenile Justice Intervention Center

Louisiana Court of Appeal · Jun 16, 2022

A reviewing court should apply the clearly wrong or manifest error rule prescribed generally for appellate review. … Dept. of Streets, 95-0404, p. 7 (La. 1/16/96), 666 So.2d 641, 647(clearly stating the Rule II, Section 4.16 is not a mandate, but merely “directory”). Id.

Capel v. Langford

734 So. 2d 835 · Louisiana Court of Appeal · Apr 28, 1999

The medical testimony established that had she been admitted on February 12, 1992, as Dr. … Both sides presented credible evidence and qualified experts to discuss the diagnosis and treatment. The jury chose to believe the testimony of the defendant's case.

Enterprise Products Co. v. Whitman

364 So. 2d 634 · Louisiana Court of Appeal · Jan 26, 1979

There the court held: "The provisions of our constitutional amendment clearly reveal, we think, an effort on the part of the Louisiana lawmakers to codify generally the jurisprudence of the Supreme Court of the United States … in the form of conditions under which the constitutional immunity of imports from local taxation will be recognized and enforced. . . ."

Duncan v. DOW PIPELINE CO.

6 La.App. 3 Cir. 1455 · Louisiana Court of Appeal · Mar 7, 2007

The written contract between Dow and Cain clearly establishes a statutory relationship whereby Dow is the statutory employer of Cain's employees. … The record clearly indicates the existence of a contractual statutory employer relationship between Duncan and Dow, which Duncan failed to overcome.

John Preston v. Certain Underwriters at Lloyd's London and Pac Housing Group, LLC

Louisiana Court of Appeal · Jan 22, 2024

that the findings are clearly wrong. … Thus, Defendants did not demonstrate that the trial court was clearly wrong in rejecting this argument.

Bell v. Ayio

731 So. 2d 893 · Louisiana Court of Appeal · Nov 13, 1998

AYIO It is well established that a school board, through its agents and teachers, is responsible for reasonable supervision over students. … Moreover, since the amendment resulted in changing the amount of damages recoverable, the change was clearly substantive. Socorro v. City of New Orleans, 579 So.2d 931, 944 (La.1991).