Case law

Wherland v. Fastabend

11 La.App. 3 Cir. 903 · Louisiana Court of Appeal · Feb 22, 2012

The Louisiana Medical Malpractice Act requires that all claims against qualified health care providers be instituted by filing a request for review with the Division of Administration. La.R.S. 40:1299.47. … The April 22, 2009 filing was clearly in excess of the fifty-three day limit. The plaintiffs argue in brief that they did not discover their claims for damages until sometime between Mrs.

Great Southern Dredging, Inc. v. FedEx Corporate Services, Inc.

2012 La.App. 1 Cir. 0357 · Louisiana Court of Appeal · Nov 2, 2012

The FedEx Airbill at issue clearly qualifies its service and states only that FedEx Priority Overnight service delivers packages the next business morning “[t]o most | locations.” 2 There is no guarantee whatsoever on the … Although we agree with the trial court that the language on the face of airbill is clear and unambiguous, we additionally note that FedEx established that by the terms of its Service Guide, FedEx Priority Overnight delivery

State Dept. of Children & Family Services Child Support Enforcement v. Seaman

11 La.App. 3 Cir. 1366 · Louisiana Court of Appeal · Mar 7, 2012

I find that not only is the evidence insufficient to establish that Mrs. Seaman was underemployed, it is also insufficient to establish Mr. Seaman’s income for child support purposes. … In fact, the evidence clearly established that Mrs. Seaman was underemployed through no fault or neglect of her own. La.R.S. 9:315(C)(5). To conclude otherwise would be to conclude that although Mrs.

Roux v. Pflueger

2009 La.App. 4 Cir. 0009 · Louisiana Court of Appeal · Jul 8, 2009

Arguments on Appeal On appeal, Plaintiffs argue that the trial court “erred in granting the motions for summary judgment based on a finding that the communication was conditionally privileged when the testimony clearly established … Once this privilege was established, it became incumbent on the Plaintiffs to come forward with rebuttal evidence establishing that Defendants abused the privilege.

Morgan v. City of Shreveport

71 So. 3d 1104 · Louisiana Court of Appeal · Jul 13, 2011

The statute clearly says that any incentive pay plan a civil service board sets up is in addition to any other salary. … The City has clearly shown that the classification suitably furthers an appropriate interest.

State v. Thomassie

490 So. 2d 1121 · Louisiana Court of Appeal · Jun 2, 1986

Hearing was held on November 6, 1985, and although the court did not clearly rule on the exception, a final judgment in favor of Mr. … The procedure for securing and compensating qualified counsel for indigents is provided for in La.Const.Art.

Elmer Candy Corp. v. Administrator of Employ. SEC.

286 So. 2d 423 · Louisiana Court of Appeal · Nov 12, 1973

It readily appears under the provisions of the foregoing statute that as long as the claimants' unemployment was due to the labor dispute they were disqualified for unemployment benefits; and that in order to qualify for … Supreme Court said: "It was clearly error to hold that the right of the strikers to reinstatement expired on August 20, when they first applied.

Perrit v. Bernhard Mech. Contractors, Inc.

669 So. 2d 599 · Louisiana Court of Appeal · Feb 23, 1996

As statutory employer, Bernhard was entitled to tort immunity and was subsequently dismissed from the suit, leaving LSU as the sole remaining defendant. … The contract clearly places the responsibility for all safety aspects of the renovation project on the Contractor, and nowhere in the contract is any of this responsibility or the right to control or supervise the work placed

MIDDLE TENNESSEE COUNCIL, INC. BOY SCOUTS OF AMERICA v. Ford

205 So. 2d 867 · Louisiana Court of Appeal · Dec 19, 1967

Hooker, was qualified as executor under the laws of the State of Tennessee. Subsequent thereto, in a proceeding entitled "Succession of Leslie G. … Such an allegation on the part of the petitioners clearly set forth that the sale was clearly tainted with the legal conclusion of fraud or conspiracy. In Bordelon v. Bordelon (Supra); and Huckaby v.

Orthopaedic Clinic of Monroe v. Ruhl

786 So. 2d 323 · Louisiana Court of Appeal · May 11, 2001

Four separate plans were established—one each for the three physicians and one for the non-physician employees. … A trial court's findings of fact will not be disturbed unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous. Daye v.

Owens v. Louisiana State Racing Com'n

466 So. 2d 764 · Louisiana Court of Appeal · Mar 12, 1985

The facts clearly show that the analysis of the State Chemist was positive for procaine. The referee sample was "conditionally" negative. … NOTES [1] LAC 11-6:53.37.1 provides: "The following procedure is hereby established for the testing of a split or referee sample.

Gorman v. Swaggart

524 So. 2d 915 · Louisiana Court of Appeal · Apr 22, 1988

In spite of defendants' arguments to the contrary, Gorman clearly is not disputing his dismissal as a minister. How could he when his voluntary resignation predated his formal dismissal? … The parameters of the relief which can be granted in the event that Gorman and MGM are successful are obviously fixed by the constitution and the law on qualified privileges.

Doga v. Southern Farm Bureau Ins. Co.

511 So. 2d 78 · Louisiana Court of Appeal · Jun 26, 1987

Defendant presented testimonial and documentary evidence tending to establish that the understanding between plaintiff, his employer, the Postal Service, and the defendant was that the $1,065.00 draft was intended as full … The issue depends largely on the credibility of the witnesses, which the trial judge is better qualified to determine.

State v. Hookfin

476 So. 2d 481 · Louisiana Court of Appeal · Oct 8, 1985

The right of each party to impeach the testimony and the credibility of his adversary's witnesses has been clearly established. LSA-R.S. 15:486; State v. Redwine, 337 So.2d 1041 (La.1976). … The particular remark objected to was a comment by the district attorney on evidence admitted and was clearly not improper. LSA-C.Cr.P. art. 774.

Gore v. City of Pineville

598 So. 2d 1122 · Louisiana Court of Appeal · Apr 8, 1992

Pineville refused to pay Gore’s medical expenses and denied his worker’s compensation benefits, contending under LSA-R.S. 23:1081 that Gore was not qualified for such benefits because his voluntary intoxication caused his … Under this limited holding in Socorro, we find the case before us clearly distinguishable.

Martello v. City of Ferriday

813 So. 2d 467 · Louisiana Court of Appeal · Mar 6, 2002

We further overrule the exception of no cause of action filed in this court. *474 DISCRETIONARY ACT IMMUNITY The Town further asserts that the trial court should have dismissed Plaintiff's suit because the town is immune … It has been established that the existence of issues *479 particular to individual members of the class does not defeat commonality. McCastle, supra, 456 So.2d at 620 .

Lambert v. Delcarpio

272 So. 3d 112 · Louisiana Court of Appeal · Apr 24, 2019

Louisiana has granted absolute immunity in judicial proceedings to a non-litigant, or a non-party witness. Lauga v. McDougall , 463 So.2d 754 , 755 (La. App. 4th Cir. 1985), citing Moity v. … First, it must be determined whether the attending circumstances of a communication occasion a qualified privilege. Id .

Bell v. City of Lake Charles

16 La.App. 3 Cir. 764 · Louisiana Court of Appeal · Apr 19, 2017

The testimony established that the overtime system in the LCPD was based on the honor system; a supervisor had to assume that the requesting employee qualified for overtime because the supervisor had no way to verify the … I find the record is woefully lacking of any evidence to establish that.

State v. Gerard

685 So. 2d 253 · Louisiana Court of Appeal · Nov 14, 1996

In Dockens , the appellate court found no merit to defendant's argument based on the fact that defendant was not able to establish that Ms. … Furthermore, the record failed to establish that Mr. Blake ever recognized the defendant or made any connection between him and other members of the defendant's family.

Dunlap v. Madison Parish School Board

61 So. 3d 833 · Louisiana Court of Appeal · Apr 13, 2011

Dunlap contends that the evidence established that this accident caused and contributed to her neck and arm problems, headaches, depression, and obesity. Dr. … Since the case managers were representatives, they were not qualified as expert witnesses at trial, we must consider them lay witnesses. La.