Case law

DeVILLE v. Pearce

977 So. 2d 310 · Louisiana Court of Appeal · Jan 30, 2008

Ordinarily, for a plaintiff to meet his burden of proof, "opinions of expert witnesses who are members of the medical profession and who are qualified to testify on the subject are necessary to determine whether or not physicians … Thus, the filing was clearly not timely under either La.Code Civ.P. art. 966(B) or Uniform Rules of the District Courts Rule 9.9.

State v. Johnson

821 So. 2d 652 · Louisiana Court of Appeal · Jun 12, 2002

Immediately after opening the establishment at 8:05 a.m., Camden turned his back to the door, which was about five feet from him, to place something on a shelf behind the counter. … This testimony alone is adequate to establish the requisite intent. Moreover, even though the victim did not understand what Johnson told him, he clearly comprehended the intent of the words.

Price v. City of New Orleans

95 La.App. 4 Cir. 1851 · Louisiana Court of Appeal · Mar 27, 1996

It is sufficient that he establishes the cause *1050 of his disability by a reasonable probability. McDonald, supra at p. 110 . … Sanchez stated that no immunizations against hepatitis were given to the firemen by the City and the City did not even provide gloves until 1991 or 1992.

Justin Fabre v. M.A. Patout & Son Limited

Louisiana Court of Appeal · May 27, 2026

Further, an immunity statute, such as La.R.S. 23:1061, “must be strictly construed against the party claiming the immunity.” See Fleming v. … Given the strict construction afforded immunity statutes, Plaintiffs argue, the Indemnity Agreement is insufficient to establish a prima facie case of statutory employer status.

In Re Succession of Catching

35 So. 3d 449 · Louisiana Court of Appeal · Apr 14, 2010

In that case the court held that the death benefit of a non-qualified, tax-deferred, single-premium annuity, which was paid directly to the beneficiary following death of the decedent, fell within the estate of the decedent … C.C. art. 1616 states that “[a] legacy to a creditor is not applied toward satisfaction of the debt unless the testator clearly so indicates.”

Stoll v. Allstate Insurance Co.

11 La.App. 5 Cir. 1006 · Louisiana Court of Appeal · May 8, 2012

Bradley Bartholomew was qualified as an expert in neurosurgery. He testified that he first saw Ms. Hurt on December 8, 2008. … that the fact finder is clearly wrong or manifestly erroneous.

Rao v. Rao

927 So. 2d 356 · Louisiana Court of Appeal · Nov 4, 2005

But as other language in her brief and her motion for appeal clearly expresses her intent to appeal the merits of the judgment of March 2, 2004, we conclude the issue is properly before us. [2] The long-established rule in … Stock transfer restrictions do not affect ownership of the stock; they merely qualify the privilege of disposition of the stock. Mestayer v. Williams, 569 So.2d 1102, 1106-7 (La.App. 3rd Cir.1990).

Emery v. City of New Orleans Through Rochon

473 So. 2d 877 · Louisiana Court of Appeal · Jul 9, 1985

Therefore, aside from perhaps establishing her standing to file suit, Ms. Emery's alleged arrests (which incidentally, she does not deny) were not put at issue by the petition filed in the District Court. … The prohibition of Article 6, Section 28 clearly applies only to occupational license taxes which are revenue measures since it is found in Part II of Article 6 of the Constitution which concerns local government taxation

Buccola v. National Fire Ins. Co. of Hartford

18 La. App. 353 · Louisiana Court of Appeal · Nov 3, 1931

The first point raised by the defendant is based upon the provision in the policy to the effect that the property is insured while occupied as a dwelling, clearly importing, it is said, that the property was not covered if … However, in the case before us the exclusive commercial occupancy of the dwelling is by no means established by the proof in the record.

Hendrix v. Maison Orleans I, L.L.C.

2011 La.App. 4 Cir. 1349 · Louisiana Court of Appeal · Sep 26, 2012

Hendrix that an Hospice representative explained the forms to her before she signed, we find that the role of hospice care was clearly explained to her by Hospice. MOI did not breach the standard of care owed to Ms. … The Court further explained: Whereas the NHRBR encompasses nearly two dozen rights afforded residents in all nursing homes (not just the qualified ones), the MMA only relates to “malpractice” claims against qualified nursing

Salard v. Jim Walter Homes, Inc.

563 So. 2d 1327 · Louisiana Court of Appeal · Jun 27, 1990

The record clearly does not support a finding that the structure was totally unfit for its original intended purpose. … The evidence establishes that, under the conditions set out in Hickman , these individuals qualified as independent contractors.

In the Matter of Landrum

704 So. 2d 872 · Louisiana Court of Appeal · Dec 10, 1997

Legendre stated that, in his opinion, coparenting by the two couples would be ideal, and that the couples would be well advised to attend coparenting classes at the Family Tree in Lafayette or some other equally qualified … The record established that for approximately three and one-half of Alicia's four years her care and rearing were left to the Landrums.

State v. Schmidt

771 So. 2d 131 · Louisiana Court of Appeal · Jul 26, 2000

Defendant implied that Bryan informed one of his attorneys that she would not testify unless the State granted her immunity from prosecution. … Clearly, the trial court carefully considered the sentence for some time before pronouncing it.

Felice v. Valleylab, Inc.

520 So. 2d 920 · Louisiana Court of Appeal · Nov 4, 1987

Knapp, complaining that these witnesses were not properly qualified to offer their opinion testimony as to how the injury occurred. We disagree. Dr. … It also follows that in our appellate review of the facts found by the jury and the facts found by the trial judge the applicable rule will be the well established test of whether the trier of fact was clearly wrong."

State v. Mays

612 So. 2d 1040 · Louisiana Court of Appeal · Jan 20, 1993

The testimony established that about one minute passed between the shooting and Grant's question to the defendant. … The evidence in the record, viewed in the light most favorable to the prosecution, clearly establishes the defendant's guilt beyond a reasonable doubt. Consequently, this assignment of error has no merit.

Sciambra v. Edwards

270 So. 2d 167 · Louisiana Court of Appeal · Nov 13, 1972

District Judges shall be elected by a plurality of the qualified voters of their respective districts in which they shall have been actual residents for two years next preceding their election. … This section must be accepted for what it clearly states.

Bolton v. Louisiana St. U. Med. Center

601 So. 2d 677 · Louisiana Court of Appeal · May 13, 1992

Kottle qualifies as a fellow of the prestigious American College of Physicians. … Quite clearly, then, we cannot say that the trial court erred in favoring his opinion.

State of Louisiana v. Louisiana Land & Exploration, Co.

Louisiana Court of Appeal · May 6, 2020

There is, however, jurisprudence that indicates Congress’ Act granting school lands to the State of Louisiana would qualify as a formal dedication under Louisiana Law. In Cenac v. … It is also in line with established jurisprudence that the state must be included as a party in order for claims to be held immune from prescription on property it owns, because we find above that school boards are acting

LAFAYETTE CITY-PARISH CONS. GOV. v. Francis

934 So. 2d 258 · Louisiana Court of Appeal · Jun 28, 2006

Demotion to a position the subject employee is qualified to perform C. Suspension without pay not to exceed 30 days in a calendar year D. Temporary reduction in pay of 5% not to exceed five (5) pay periods E. … The member of the Board who made the initial motion which died for lack of a second clearly found the punishment to be too severe.

State v. Jones

593 So. 2d 1301 · Louisiana Court of Appeal · Dec 27, 1991

He also testified he previously had qualified as an expert in federal and state courts. … Clearly, this initial showing is obviated by the holding in Powers v. Ohio .