Case law

Simmons v. Berry

748 So. 2d 473 · Louisiana Court of Appeal · Sep 3, 1999

A panelist shall have absolute immunity from civil liability for all communications, findings, opinions and conclusions made in the course and scope of duties prescribed by this Part. (Emphasis ours). … The amendment is clearly in conflict with Judge Hall's statement that expert opinion requires evaluation by the trier of fact.

State v. HENIX

73 So. 3d 952 · Louisiana Court of Appeal · Aug 10, 2011

First, the observations of an arresting officer may be sufficient to establish a defendant’s guilt. Allen, supra; Blockburn, supra. … The jury clearly found the testimony of Officers Robinson and Chumley to be credible. In addition, they were able to watch video surveillance of Henix first hand.

Partin v. Dolby

94 La.App. 1 Cir. 1418 · Louisiana Court of Appeal · Mar 3, 1995

Because the Dolby vehicle was covered for $100,000.00 under the State Farm policy, it does not qualify as an uninsured vehicle under Delaware law. … This fact is clearly provided by the language of the policy which states: "The premium for and the coverages of this policy have been established in reliance upon the provisions of the Georgia Motor Vehicle Accident Reparations

New Orleans Opera Ass'n v. Southern Regional Opera Endowment Fund

2007 La.App. 4 Cir. 1373 · Louisiana Court of Appeal · Aug 27, 2008

The civil law is an a 1 ^priori, rationalistic system that seeks to establish a set outcome, so as to reduce uncertainty. … The record is absolutely devoid of any evidence that the Opera Association consented to revocation of its third party rights. 4 Moreover, the advent of this litigation clearly suggests the contrary.

Taylor v. Tulane University of Louisiana

699 So. 2d 1117 · Louisiana Court of Appeal · Sep 17, 1997

Once a malpractice victim settles with a health care provider or its insurer for $100,000.00, the liability of the health care provider has been admitted or established. LSA-R.S. 40:1299.44(C)(5). … However, the Taylors argument completely ignores the specific statutory provisions governing a malpractice suit against a qualified health care provider under the MMA.

Succession of Schulz

622 So. 2d 693 · Louisiana Court of Appeal · May 27, 1993

The jurisprudence in this state clearly distinguishes between the procedural requirements for seeking annulment of an absolute nullity, as opposed to the requirements for seeking annulment of a relative nullity. … Although she had herself appointed administratrix based upon relationship, she was not properly qualified as such regarding her brothers' successions.

Kimberly Pearson Ruby v. Lyndon Bain Carpenter

Louisiana Court of Appeal · Dec 17, 2025

She also argues that the BBA does not allow a qualified health care provider to charge a 3 patient an amount greater than the contractually agreed-upon amount. … An appellate court may not set aside a trial court’s finding of fact in the absence of manifest error or unless it is clearly wrong. Id.

Blake v. Turner Industries Group, LLC

2012 La.App. 1 Cir. 0140 · Louisiana Court of Appeal · Sep 21, 2012

Moreover, the OWC clearly relied on the substantial evidence presented by Blake to establish that the welding fumes he was exposed to at Turner were harmful, which included the testimony of Turner’s Safety Manager, Blake, … Thomas qualified his response, as follows: [Counsel]: |14So have you seen the positive reaction that you would expect in Mr. Blake’s condition with use of the steroids? Dr.

Gardner v. Nabors Offshore Corp.

1 La.App. 3 Cir. 0773 · Louisiana Court of Appeal · Nov 21, 2001

The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents. La. Const. art. … Termination of Employment In an effort to bring employees back to work, Defendant established a Transitional Education Program ("TEP").

Afco Credit Corp. v. Rosenthal Agency, Inc.

95 La.App. 4 Cir. 1865 · Louisiana Court of Appeal · Apr 3, 1996

The agreement stated quite clearly that Rosen-thal’s assumption of liability under the agreement was limited. … That was clearly identified on their balance sheet and in the bankruptcy hearings.” Therefore, this argument is without merit.

Tullis v. Rapides Parish Police Jury

670 So. 2d 245 · Louisiana Court of Appeal · Jan 17, 1996

The record establishes that Lavelle, Jr. testified that Cynthia speeded up a little bit to catch Robert Alexander. … After a review of the record in its entirety, we find that Dart was qualified and his opinion was not based upon an incorrect assumption of facts.

Andrew Bradley Towbin v. John T. Fuller and Darren P. Lombard in His Official Capacity as Clerk of Court for Criminal District Court for the Parish of Orleans

Louisiana Court of Appeal · Mar 3, 2026

The district court’s factual findings and oral reasons were clearly erroneous because they overlooked admitted documentary evidence and disregarded the controlling rule that doubts must be resolved … Fuller contends that the 2020 tax year does not fall within “the previous five tax years” for a candidate who qualified on February 13, 2026. We disagree.

Pennington Const., Inc. v. RA Eagle Corp.

94 La.App. 1 Cir. 0575 · Louisiana Court of Appeal · Mar 3, 1995

Although the trial court did not address the issue, it is obvious that neither of the two contracts claimed by the parties in the instant case can qualify as a written contract. … Whether there were corroborating circumstances sufficient to establish an oral contract is a question of fact. Pelican Electrical Contractors v. Neumeyer, 419 So.2d 1 (La.

Walker v. Louisiana Department of Transportation & Development

10 La.App. 5 Cir. 702 · Louisiana Court of Appeal · Feb 15, 2011

The non-moving party must then produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial. … Evans (Evans), an engineer qualified in Louisiana courts in accident reconstruction and traffic engineering, in opposing the motion. In his opinion, La.

Isiah Cole Jr. and His Wife, Karen Cole v. New Orleans Emergency Medical Services, City of New Orleans, Dereck Blanchard, Nicholas Manning

Louisiana Court of Appeal · Mar 6, 2025

that the fact-finder is clearly wrong or manifestly erroneous.” … The court qualified him as an expert in geriatrics, a field for which he is not board-certified.

Gulf States Utilities Co. v. Callahan

65 So. 2d 608 · Louisiana Court of Appeal · May 12, 1953

It therefore qualified under LSA-R.S. 19, Section 2, as being a corporation authorized to expropriate private property for the purposes for which it exists. This question is not at issue here. … It also' establishes the fact that the remainder of the tract of land would not be depreciated to any measure.

State v. Jackson

2001 La.App. 4 Cir. 1268 · Louisiana Court of Appeal · Feb 6, 2002

Crosby, 338 So.2d 584 (La.1976), the Louisiana Supreme Court permitted defendants to enter into qualified or conditioned guilty pleas which reserved defendants’ right to appellate review of alleged pre-plea errors. … Clearly, as evidenced by entering the plea under State v.

Clay v. Clay

322 So. 2d 238 · Louisiana Court of Appeal · Nov 11, 1975

Clay executed the disputed mandate contemporaneously with the signing of the agreement and clearly states the import of her signature. The divorce was granted September 24, 1975 and nothing was done by Mrs. … We do not think her *242 brief position as a legal secretary would qualify her to understand her options. However, it is also clear Mrs.

Gitschlag v. US Home Corp.

506 So. 2d 1236 · Louisiana Court of Appeal · Mar 4, 1987

The existence of a redhibitory defect is a question of fact which cannot be disturbed unless the record as a whole establishes that the finding is clearly wrong. Arceneaux v. … The record clearly establishes that the home had been a constant inconvenience and worry to the Gitschlags.

Washington Parish Police Jury v. Washington Parish Hospital Service District No. 1

152 So. 2d 362 · Louisiana Court of Appeal · Mar 29, 1963

No such qualifying language is to be found in Section 1060. … Clearly, the legislature intended such rights, powers and functions to be enjoyed and exercised by all hospital service districts irrespective of whether created upon the initiative of the police juries or pursuant to petition