Case law

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."

State v. Johnson

175 So. 3d 442 · Louisiana Court of Appeal · Aug 12, 2015

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … Clearly, the evidence at trial satisfied all of the elements required to prove the crime of aggravated kidnapping.

Succession of Henderson

191 So. 3d 9 · Louisiana Court of Appeal · Feb 24, 2016

In order to qualify for the scholarship initially the recipient must be enrolled as a full time student. … No particular language is required to create a trust, but it must clearly appear that the creation of a trust is intended.

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.

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. . . ."

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).

Britton v. HUSTMYRE

30 So. 3d 1183 · Louisiana Court of Appeal · Mar 26, 2010

Britton was unable to establish a "probability of success" as required by Article 971, and therefore his suit should be dismissed. … The article clearly states that as the director of Community Resource Services, Mr. Britton received the $100,000 government contract.

Charpentier v. Lammico Ins. Co.

606 So. 2d 83 · Louisiana Court of Appeal · Oct 6, 1992

The plaintiff must first establish by a preponderance of the evidence that the doctor's treatment fell below the ordinary standard of care expected of physicians in his medical specialty, and must then establish a causal … When the alleged negligence of a specialist is at issue, only those qualified in that specialty may offer expert testimony and evidence of the applicable standard of care. Fox v.

DiMattia v. Gulf South Beverage, Inc.

459 So. 2d 598 · Louisiana Court of Appeal · Nov 13, 1984

LaRocca, qualified as an expert in orthopedic surgery testified it was his opinion that the accident of March 5, 1981 caused the pain, suffering, resulting surgical operations, and disability to DiMattia.” … It is inescapable that the only physician who testified in regard to the surgeries unequivocally established the March 5, 1981 accident as the cause of the plaintiffs surgeries.

Duhon v. Slickline, Inc.

449 So. 2d 1147 · Louisiana Court of Appeal · Apr 11, 1984

Concerning the loss of tools caused by the inexperienced employee, the plaintiff stated that he felt the employee, who had worked for Slickline, Inc. for six months, should have been qualified to perform the task assigned … Kim Duhon, the record owner of one-third of the corporate stock, has pre-emptive rights established by Article XXI which would be clearly violated by such an order.

Meyer v. St. Paul-Mercury Indemnity Co.

61 So. 2d 901 · Louisiana Court of Appeal · Dec 15, 1952

We think that our Supreme Court clearly recognized this when, in Gerald v. … Katz is qualified to perform nasal as well as oral intubation in the rendering of anesthetic?"

Brandi Billeaudeau v. Opelousas General Hospital Authority

Louisiana Court of Appeal · Apr 18, 2018

(i111) A person who may be immune from suit because of immunity granted by statute. … Only when a Qualified Health Care Provider causes damage in excess of $500,000 does the Medical Malpractice Act damages cap apply. La. R.S. 40:1299.42(B)(1).

State v. Green

437 So. 2d 302 · Louisiana Court of Appeal · Aug 15, 1983

Art. 851, contending that the jury verdict was clearly contrary to the law and the evidence. He maintains the evidence does not show he was knowingly and intentionally in possession of the preludin. … The record establishes beyond doubt that the defendant is an habitual criminal.

Greer v. State, Department of Transportation & Development

437 So. 2d 1170 · Louisiana Court of Appeal · Aug 15, 1983

damages to plaintiffs’ houses and buildings, judgments were rendered in favor of each plaintiff against the defendants in sol-ido. 1 The defendants appealed, specifying *1172 as error the trial court’s findings that the established … The defendants presented a strong defense based on the testimony of four well-qualified experts, a geologist and three engineers.

Plaquemines Parish Commission Council v. Hero Lands Co.

380 So. 2d 722 · Louisiana Court of Appeal · Feb 7, 1980

If the Drainage District is permitted to store the spoil excavated from the canal and Hero Lands is forced to endure the resulting poor drainage of its land, a greater burden will be imposed on the property, and this is clearly … It is an established principle that an isolated or occasional transaction does not constitute the doing of business as contemplated by the occupational licensing law.

Succession of Spyker

159 So. 347 · Louisiana Court of Appeal · Feb 18, 1935

be technically, as to these plaintiffs, res judicata, which excludes all proof to. the contrary, yet they constitute, especially at this distance of time, prima fa-cie proof, which imposes upon' plaintiffs the burden of establishing … However, a reference to the foregoing quotations will show it to be clearly established that a judgment homologating a provisional account and partial tableau of distribution constitutes res adjudicata as to the claims appearing

Wolf v. Louisiana State Racing Commission

532 So. 2d 822 · Louisiana Court of Appeal · Sep 29, 1988

In Fox , in light of Section 2 of Act No. 779, this court qualified its holding by stating, “By this opinion we do not limit the proprietary rights reserved by the section quoted above.” 433 So.2d at 1127 . … Fox (and Sims) dealt with matters clearly within the power, authority, and jurisdiction of the State Racing Commission.

Touchet v. Fidelity and Casualty Co. of New York

264 So. 2d 752 · Louisiana Court of Appeal · Jul 5, 1972

When we add to this the testimony of plaintiff, his co-employees, Bertrand and Stutes, and his son-in-law, Williams, which taken together clearly establishes an accident and plaintiff's continuing disability as a result thereof … We agree that that statement does not clearly express our views.