Case law

Menzie Tile Co., Inc. v. Professional Centre

594 So. 2d 410 · Louisiana Court of Appeal · Dec 27, 1991

The report establishes that Wamstad knew North American was the most likely candidate to replace Hambrick-Craig as general contractor. … Based on the record before us, we cannot conclude the trial court was clearly wrong in this finding. Rosell, 549 So.2d at 844 .

Murrill v. Edwards

613 So. 2d 185 · Louisiana Court of Appeal · Dec 21, 1992

In order for the plaintiffs to obtain a writ of mandamus, they must establish that the performance sought is a ministerial duty. … By the rule established in Hickey , Governor Edwards, clearly, was under no obligation to do so.

Schexnyder v. PMB OPERATORS

93 La.App. 3 Cir. 1178 · Louisiana Court of Appeal · May 4, 1994

This was clearly the intendment of the amended provisions. In a total and permanent disability argument, pain will not have no role to play at all. … Neither did he show he was not qualified to perform any work other than hard labor. Dr.

State v. Harriman

469 So. 2d 298 · Louisiana Court of Appeal · May 8, 1985

by a proper chain of custody. *303 Identification of an item of evidence establishes a proper foundation for its admission into evidence. … Therefore, we conclude that the evidence was clearly sufficient for the jury to conclude, beyond a reasonable doubt, that the defendant was guilty of the crime of second degree murder.

State v. Michael

891 So. 2d 109 · Louisiana Court of Appeal · Jan 7, 2005

C.E. art. 1101(B) and the above jurisprudence, Michael may not simply argue that his wife's statements at the hospital to Captain Newsom do not qualify as an excited utterance within the exception to the hearsay rule under … Her hospital statement that Michael stabbed her coupled with the strong circumstantial implications of his rampage through Mattie's residence, as established by Ashley's direct testimony, sufficiently established that Michael's

Keller v. Aymond

722 So. 2d 1224 · Louisiana Court of Appeal · Dec 23, 1998

However, neither right is absolute; each is qualified. See Press-Enterprise Co. v. Superior Court, 478 U.S. 1 , 106 S.Ct. 2735 , 92 L.Ed.2d 1 (1986) (first amendment); Berger *1228 v. … Scripps-Howard Broadcasting Company, 433 U.S. 562 , 97 S.Ct. 2849 , 53 L.Ed.2d 965 (1977), the United States Supreme Court unequivocally articulated that the First and Fourteenth Amendments of the Constitution did not immunize

Royal Oldsmobile Co. v. Heisler Properties, L.L.C.

12 La.App. 5 Cir. 608 · Louisiana Court of Appeal · May 16, 2013

land from its owners. 1 This lease, in addition to giving Royal the right to use the leased-land, gave Royal a right of first refusal allowing Royal to buy the leased-land should its owners, the lessors, ever receive a qualifying … that the finding is not clearly wrong (manifestly erroneous).

Ard v. East Jefferson General Hospital, Inc.

94 La.App. 5 Cir. 1001 · Louisiana Court of Appeal · Mar 28, 1995

The Ards argue that by not deeming the date of the judicial demand to stem from either of the simultaneously filed claims of May 7, 1985, the trial court was clearly in error. … Neither does filing a complaint with the Medical Review Panel establish the date of Judicial demand. In Ferguson v.

LaMoyne-Clegg Dev. v. Bonfanti-Fackrell

509 So. 2d 43 · Louisiana Court of Appeal · May 27, 1987

In the instant case, the defendant qualified as a general contractor who could file a lien on plaintiff's property. The defendant's affidavit was timely filed and plaintiff's property was properly described. … Defendant, in filing the contractor's lien, was clearly seeking final payment and payment of the retained percentage.

Driesse v. National Oil Well Yarco, LP

170 So. 3d 996 · Louisiana Court of Appeal · Jan 14, 2015

In granting NOV’s motion for summary judgment on the viability of Driesse’s claim under the LEDL, the trial court stated that Louisiana jurisprudence “clearly requires an entity to compensate an individual to qualify as an … NOV did not perform any other functions used to determine if an entity qualifies as a compensating employer under the LEDL, such as withholding taxes or providing benefits.”

City of Bastrop v. Harris

198 So. 3d 163 · Louisiana Court of Appeal · Jun 22, 2016

Instead, the WCJ found Bastrop’s adjuster incorrectly calculated- Harris’ qualified ^monthly payment amount, which resulted in Harris being overpaid $4,368.00 5 in SEBs. … Clearly, Bastrop’s cause of action for reimbursement arises out of Harris’ workers’ compensation claim in the first proceeding.

Crawford v. BLUE CROSS & BLUE SHIELD OF LA.

814 So. 2d 574 · Louisiana Court of Appeal · Dec 5, 2001

Because plaintiff offered no evidence to establish the precise geographical location of the accident to satisfy his burden, he did not bring himself clearly within the exception provided for by article 74. … The fact that the Blue Max policy may be a managed care plan or preferred provider organization does not mean that it does not qualify as an insurance contract since as noted above, licensed insurance companies pursuant to

Watters v. Department of Social Services

2008 La.App. 4 Cir. 0977 · Louisiana Court of Appeal · Jun 17, 2009

Addressing the damages element, the trial court expressly found the Class Representatives established they suffered personal damages reasoning: The credible testimony of plaintiffs establishes that they suffered personal … R.S. 23:13 and thus was not entitled to immunity under La. R.S. 9:2798.1. VII.

Lewis v. Tulane University Hospital & Clinic

2003 La.App. 4 Cir. 0184 · Louisiana Court of Appeal · Aug 27, 2003

With a few exceptions which are clearly distinguishable from the instant case, because of the complex medical and factual issues involved in medical malpractice cases, a plaintiff will likely fail to *387 sustain his or her … Corp., 33,378 (La.App. 2 Cir. 5/15/00), 764 So.2d 1094 (FN2): In a medical malpractice action, opinions of expert witnesses who are members of the medical profession and who are qualified to testify on the subject are necessary

American Gen. Inv. Corp. v. St. Elmo Lands

391 So. 2d 570 · Louisiana Court of Appeal · Nov 12, 1980

The record establishes that the law firm was discharged and directed to withdraw long before the joint motion to dismiss was filed. LSA-C.C.P. … The law firm's assertion that the right to dismiss is qualified by its right to proceed against the defendant for recognition and payment of legal fees is clearly wrong.

Gulf Toy House, Inc. v. Bertrand

306 So. 2d 361 · Louisiana Court of Appeal · Jan 15, 1975

This expense appears to us to be part of the normal administrative and supervisory expenses which do not qualify as special expenses. They are much like the expenses alleged in Orkin v. … The case clearly dealt with secret and confidential information of a type not found in this case. In Delta Finance Company of Louisiana v.

O'BANNON FOR O'BANNON v. Azar

506 So. 2d 522 · Louisiana Court of Appeal · Mar 4, 1987

When, as is true in this case, a child's right to establish filiation has been vigorously prosecuted by his mother from trial to court of last resort, her failure to note on the petition that she is the child's representative … Richardson, 372 So.2d 1188 (La.1979), as authority for his response that the natural tutor need not qualify as tutor before she brings suit.

Savoie v. Larmarque Ford, Inc.

16 La.App. 5 Cir. 221 · Louisiana Court of Appeal · Dec 7, 2016

Du-puy, died on June 24, 2015, and that her current attorney had to “re-establish nearly eleven years of litigation without the benefit of prior counsel.” Ms. … Sa-voie stresses that she has exhibited no intent to abandon her action and cites to well-established jurisprudence that La.

Kerr v. American Tugs of Venice, Inc.

522 So. 2d 190 · Louisiana Court of Appeal · Mar 14, 1988

The testimony of both doctors clearly indicates that the plaintiff developed degenerative disc disease after his accident in 1972. … Bloomer also establishes that the employer is entitled to recoup from a third-party recovery the entire amount of the benefits paid without a reduction for its proportionate share of the litigation expenses and attorneys’

DiVincenti v. McIntyre

611 So. 2d 140 · Louisiana Court of Appeal · Nov 4, 1992

Pace, USAF retired, was qualified without objection as an expert in reading and interpreting USAF personnel records. … Where there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong....