Case law

Sherwood Forest Country Club v. Litchfield

978 So. 2d 443 · Louisiana Court of Appeal · Apr 25, 2008

A tax exemption, being an exceptional privilege, must be expressly and clearly conferred in plain terms and must be unequivocally and affirmatively established by the taxpayer. See Willis-Knighton Medical Center v. … In reliance on Black's Law Dictionary, the third circuit determined that the plaintiff qualified as a "fraternal organization" within the meaning of the statute.

State of Louisiana v. Jeremy Dillion

Louisiana Court of Appeal · Mar 19, 2026

To rebut this presumption of constitutionality, the defendant must clearly show that he is exceptional, which in this context means that because of unusual circumstances he is a … Defendant has failed in this case to “clearly show that he is exceptional,” or otherwise rebut the presumption that his legal sentence is constitutional.

Gordon v. Levet

688 So. 2d 57 · Louisiana Court of Appeal · Jan 15, 1997

At this point defendant could go forward and attempt to defend, but the trial judge clearly did not improperly allocate the burden of proof and plaintiffs did clearly establish the elements of their cause of action. … Joseph Blaschke was qualified as DOTD's highway design, traffic engineering and accident reconstruction expert.

Emanuel Flintroy, Individually and on Behalf of his Daughter, Jessica Wright v. The State of Louisiana Health Science Center-Monroe, Dr. Rick Cavell, Dr. Gwen Holdiness, Dr. Stuart Melton, S.M. Beal, RN, Randy Ratcliff, RN, Lauren Tucker, RN, K. Richardson, RN and S. Dunham, RN

Louisiana Court of Appeal · Mar 3, 2021

In an “additional response” (the record does not include his original response), Flintroy argued that the documents did not clearly establish the date of Ms. … and not qualified, to the same extent that prescription is suspended against the party or parties that are subject of the request for review.

Scott v. Lakeview Regional Medical Center

2001 La.App. 1 Cir. 0538 · Louisiana Court of Appeal · Mar 28, 2002

STANDARD OF REVIEW Factual findings in a workers' compensation case are subject to the manifest error or clearly wrong standard of appellate review. Banks v. … Scott would have been qualified to apply for if he were not incarcerated. Ms. Brantley stated that these jobs were all located within 35 miles of Mr.

Bush v. Bush

144 So. 2d 119 · Louisiana Court of Appeal · Sep 4, 1962

To evaluate which parent is better qualified to rear the child we are, in effect, relegated to choosing the lesser, in degree, of each parent's breach of conduct, insofar as the child's ultimate welfare is concerned; therefore … Thereafter, the couple moved to Orleans Parish where the matrimonial domicile was established and continued to exist until their separation, which occurred on May 27, 1954.

Carter v. Rockwood Ins. Co.

341 So. 2d 595 · Louisiana Court of Appeal · Jan 10, 1977

Gleason, Jr., a well-qualified orthopedic surgeon who was the only medical witness in the case. Dr. … Causation of the second accident and resulting disability by the previous on-the-job accident is clearly established.

In Re Adoption of APC

0 La.App. 5 Cir. 1381 · Louisiana Court of Appeal · Dec 13, 2000

that the finding is not clearly wrong (manifestly erroneous). … This differs from the rights of a parent who qualifies as a legal father pursuant to Ch. C. Art. 1193. A father who qualifies under Ch. C. Art. 1193 must consent to an adoption if his rights have not been terminated.

Richard v. SUPREME SUGAR CO., INC.

2010 La.App. 1 Cir. 1835 · Louisiana Court of Appeal · Jun 2, 2011

In so holding, this court reasoned: Clearly, it does not appear that the Legislature intended to provide workers’ compensation death benefits to the survivors of retired employees based upon the retiree’s social security … "Rather, the statute establishes entitlement and references the calculation of the death benefit payment, which is based on the injured employee's wages at the time of the accident.”

Henderson v. Kentwood Spring Water, Inc.

583 So. 2d 1227 · Louisiana Court of Appeal · Jun 27, 1991

The defendant did not establish its right to the deductions nor did it establish that the plaintiff wilfully consented to the deductions. See McCoil v. West Enterprises, Inc., 552 So.2d 1302 (La.App. 5th Cir.1989). … Kentwood's policy manual clearly sets forth the procedures for bad debts, and the plaintiff testified that he understood these procedures when he was employed by Kentwood.

Basco v. Liberty Mut. Ins. Co.

5 La.App. 3 Cir. 0143 · Louisiana Court of Appeal · Aug 17, 2005

The medical evidence establishes that Mr. … The evidence establishes that these assumptions were indeed proven facts.

Freeman v. Poulan/Weed Eater

618 So. 2d 618 · Louisiana Court of Appeal · May 5, 1993

The employer may preclude these benefits by establishing that the employee is physically able to perform work that was either offered or tendered by the employer or any other employer or proven available to the employee in … Under these circumstances, I cannot say that the trier of fact was clearly wrong/manifestly in error.

Leija v. Gathright

211 So. 3d 592 · Louisiana Court of Appeal · Dec 21, 2016

To establish a valid privilege under the Private Works Act, the individual claiming a privilege must qualify as a claimant under the express terms of the act. La. … In this case, Leija has clearly admitted that his contractor’s license was inactive at the time of the oral agreement and at all times during the construction.

State v. Ristom

607 So. 2d 655 · Louisiana Court of Appeal · Oct 6, 1992

Ristom argues that the blood alcohol test, registering 0.16%, established his blood alcohol level at the time the sample was drawn, approximately two hours after the accident, but not at the time of the *659 accident. … drawn at least thirty minutes later, any conviction under La.R.S. 14:32.1 A(2) constitutes a denial of due process of law. 4 The presumption that a defendant is in the elimination phase at the time of the test is shown clearly

Steve Crooks v. State of La. Through the Dept. of Natural Resources

Louisiana Court of Appeal · Jun 29, 2022

Moreover, the petition clearly prayed for the setting of the exact low-water mark. … establish that no complete and equitable adjudication of the controversy can be made in his absence.

State v. DeShazo

504 So. 2d 963 · Louisiana Court of Appeal · Mar 4, 1987

However, in the absence of qualifying provisions, the terms ‘intent’ and ‘intentional’ have reference to ‘general criminal intent.’ … The state asserts that DeShazo’s “actions clearly demonstrate that she was aware that the consequences of her actions were certain to follow.”

STATE, DEPT. OF SOCIAL SERV. v. McCorkle

694 So. 2d 1077 · Louisiana Court of Appeal · Apr 29, 1997

As has been clearly announced in later decisions by the Supreme Court, the father or spouse does not possess the authority to prevent or require the mother to terminate her pregnancy. See Planned Parenthood v. … The right of privacy is not absolute; it is qualified by the rights of others. Gannett River States Publishing v. Hussey, 557 So.2d 1154 (La.App. 2 Cir.1990), writ denied, 561 So.2d 103 (La.1990).

Heirs of Morris v. Simpson

997 So. 2d 659 · Louisiana Court of Appeal · Oct 29, 2008

The record clearly reflects that Route 1, Box 44-A and 213 Mason Road in Frierson are the municipal addresses for the Property. … Because of the unknown whereabouts of the decedent's successors, the appointment of an Article 5091 attorney would clearly be in order in such a setting.

State v. Chambers

758 So. 2d 231 · Louisiana Court of Appeal · Jan 19, 2000

Kennison clearly and candidly stated that he did not believe that he could be impartial in this case. … Kennison that he would be qualified to be a juror." I disagree. Clearly, in the light of his entire voir dire, and more specifically, his final response, which was to defense counsel, Mr.

State ex rel. A.H.

206 So. 3d 1081 · Louisiana Court of Appeal · Sep 28, 2016

that the fact finder, is clearly wrong or manifestly erroneous. … If such a basis does not exist, the appellate court must conclude that the fact finder is clearly wrong or manifestly erroneous.