Case law

State v. Francois

844 So. 2d 1042 · Louisiana Court of Appeal · Apr 9, 2003

Kemp clearly possessed the heroin that they were found packaging. The narrow issue is whether the state established the specific intent to distribute it. … As to the fourth factor, neither of the detectives who testified for the state was qualified as an expert; rather, they both testified based on their experience as narcotics officers.

Chauvin v. Jefferson Parish School Board

534 So. 2d 1359 · Louisiana Court of Appeal · Nov 16, 1988

In order to have immunity from tort suit on its alternative grounds, Catholic Charities must prove that it is a principal. … The evidence that Chauvin was given special two-year training by the school board tends to establish the contrary.

Morse v. Hartford Casualty Insurance Company

326 So. 2d 390 · Louisiana Court of Appeal · Feb 4, 1976

However, we point out that in Hidalgo it was also clearly recognized that an obligation, although solidary, could be conditioned on the happening of some contingency (LSA-C.C. … NOTES [1] In Morse we held that since Hartford was qualified to do business in Louisiana such constituted sufficient "minimum contact" to confer jurisdiction on Louisiana Courts over it.

Hingle v. Plaquemines Oil Sales Corp.

399 So. 2d 646 · Louisiana Court of Appeal · May 22, 1981

`Manifestly erroneous,' in its simplest terms, means `clearly wrong.' We said then, that the appellate court should not disturb such a finding of fact unless it is clearly wrong. … that the finding is not clearly wrong (manifestly erroneous)."

State v. Brown

618 So. 2d 629 · Louisiana Court of Appeal · May 5, 1993

Clearly, the homemade knife constituted a dangerous weapon. All of the elements of armed robbery were present. … The admission of this hearsay was clearly harmless and resulted in no prejudice.

Mullins v. State Farm Fire and Cas. Co.

697 So. 2d 750 · Louisiana Court of Appeal · Jun 27, 1997

clearly wrong. … that the finding is clearly wrong.

Hassen v. Professional Investors Life Insurance Co.

503 So. 2d 1030 · Louisiana Court of Appeal · Feb 25, 1987

Nothing in the record indicates that the insurer made any attempt to qualify, withdraw or negate its admission. … The admitted fact that the policy had not been cancelled as of May 14, 1985, must be deemed conclusively established. CCP Art. 1468.

Hall v. Hy-Tech Roofing Services, Inc.

99 La.App. 5 Cir. 436 · Louisiana Court of Appeal · Nov 10, 1999

Subsequently, defendants filed a motion for summary judgment on the ground that the above cited law provides tort immunity from plaintiffs’ claims. … The clear aim of the legislature was to use the, well-established division between intentional torts and negligence in common law.

Gibson v. Jefferson Parish Hosp. Serv. Dist. No 2

275 So. 3d 482 · Louisiana Court of Appeal · Jun 27, 2019

Although no document submitted with Ochsner's writ application established the date of Mrs. Gibson's death, it appears the parties do not dispute that she died on December 6, 2013. … and not qualified, to the same extent that prescription is suspended against the party or parties that are the subject of the request for review."

Gibson v. Jefferson Parish Hosp. Serv. Dist. No 2

275 So. 3d 482 · Louisiana Court of Appeal · Jun 27, 2019

Although no document submitted with Ochsner's writ application established the date of Mrs. Gibson's death, it appears the parties do not dispute that she died on December 6, 2013. … and not qualified, to the same extent that prescription is suspended against the party or parties that are the subject of the request for review."

Guichard v. Super Fresh/Sav-A-Center, Inc.

707 So. 2d 1013 · Louisiana Court of Appeal · Feb 4, 1998

Normally, in order to establish a pri-ma facie case of discharge discrimination the plaintiff must show that: 1. she is a member of a protected class; 2. she was discharged, either actually or constructively; 3. she was qualified … failed to produce factual support sufficient to establish that she will be able to satisfy her evidentiary burden of proof at trial.

Armstead v. Schwegmann Giant Super Markets, Inc.

618 So. 2d 1140 · Louisiana Court of Appeal · Apr 28, 1993

The only argument advanced to the trial court in support of defendant's motion for summary judgment was that the tort immunity exception of the Worker's Compensation Act precluded the plaintiff from maintaining this action … (Emphasis added) In my opinion this allegation clearly raises the question of whether plaintiff's injury resulted from the type of "intentional act" envisioned by La.R.S. 23:1032.

Harper v. Ragus

62 So. 2d 167 · Louisiana Court of Appeal · Dec 10, 1952

appellee have correctly stated in brief the issues which require our consideration: (1) Was the necessary employer-employee relationship in existence so far as the subject accident and resulting injury are concerned to qualify … We observe the foregoing authorities determine there must exist an intention to establish a partnership and that such intention must be clearly indicated by the parties to the particular arrangement.

Sam v. Genesis Behavioral Hosp., Inc.

255 So. 3d 42 · Louisiana Court of Appeal · Aug 29, 2018

Kaltenbach explained that Genesis is monitored by the Department of Health and Hospitals (DHH) and serves Medicare patients who qualify for its services. … Absent immunity, justification, or privilege, if the conduct is tortious, then the tortfeasor is personally liable.

State Farm Fire & Casualty Insurance Co. v. Young

619 So. 2d 161 · Louisiana Court of Appeal · Jun 2, 1993

V, § 16 which validated the legislation establishing the hearing officer system. This amendment was held effective retroactive to the original effective date of the establishing legislation, January 1, 1990. Long v. … Highlands Insurance Co., 590 So.2d 1177 (La.1991), the court concluded that an action to enforce a worker’s compensation judgment filed on April 16, 1989, did not qualify as a “claim” as that term is intended under the Worker

Louviere v. Louviere

839 So. 2d 57 · Louisiana Court of Appeal · Jun 5, 2002

We find no negligence by the Thibodaux defendants, as the evidence fails to establish that TPSO would have declined to hire Mr. Louviere if provided the alleged withheld documents. … The record clearly shows that Mr. Louviere received favorable job performance reviews while with the Thibodaux Police Department.

Dianne Bates v. Robert C. King

Louisiana Court of Appeal · Nov 2, 2005

Unlike the defendants in Cormier and Burton, the Kings have established themselves as restauranteurs. … On the record before us, we find that the Kings have clearly demonstrated that they were engaged in the normal course and scope of their employment with Pitt Grill at the time of Ms.

Benoit v. Town of Vinton

99 La.App. 3 Cir. 308 · Louisiana Court of Appeal · Nov 10, 1999

The court in Pa-lacios, | zsupra stated the information sought by plaintiff clearly qualifies as reports, surveys, schedules, lists or data that has been compiled or collected. … for the privilege established by the portion of section 409 that is at issue in this case.

Audubon Exploration v. Linder Oil Co.

573 So. 2d 1180 · Louisiana Court of Appeal · Jan 16, 1991

The court's decision was based primarily on the testimony of Louis Lamarie, qualified as an expert in geology and in oil and gas operations. … Linder finds the most serious flaw in Audubon’s argument to be its failure to establish a connection between the enrichment and the alleged impoverishment.

Williams v. Nelson

263 So. 3d 466 · Louisiana Court of Appeal · Dec 19, 2018

The inspector recommended an evaluation by a qualified licensed contractor. … Clearly, the letter does not state the Trustees had no knowledge regarding the condition of the property, but rather they had no knowledge of the defects plaintiffs claimed to uncover during their renovation project.