Case law

Sunrise Shipping Agency, Inc. v. Universal Maritime Services, Ltd.

96 La.App. 4 Cir. 2703 · Louisiana Court of Appeal · Oct 1, 1997

We find the evidence contained in the record does not establish the requisites for specific jurisdiction. … Clearly, these contacts are insufficient to establish the minimum contacts necessary for Louisiana to exercise personal jurisdiction over Endeavor under a general jurisdiction analysis.

Robin v. Walsh

16 So. 2d 269 · Louisiana Court of Appeal · Jan 10, 1944

Robin, is the duly qualified natural tutrix of her minor child, Anna Virginia Lob, sole issue of her marriage with the late Will S. Lob. … Vegas, supra), clearly indicated that parol evidence of this type is inadmissible, we feel at liberty to question the correctness of the reasoning in the Henderson case.

Keith William MacKmer v. the Estate of Frank Angelle, Jr.

Louisiana Court of Appeal · Dec 10, 2014

Mackmer asserted that the undisputed facts established that Mr. … Did the trial court err by admitting an affidavit into evidence that the affiant admitted in his deposition was not based on personal knowledge and was clearly contradicted by the affiant’s deposition

Sonnier v. State

249 So. 3d 51 · Louisiana Court of Appeal · Jun 6, 2018

court, and (2) determine that the record establishes that the trial court's finding is clearly wrong (manifestly erroneous). … The jury's verdict is not clearly erroneous. V.

Brossett v. State ex rel. Department of Transportation & Development

467 So. 2d 121 · Louisiana Court of Appeal · Apr 10, 1985

As we noted above, such findings of fact should be upheld unless they are clearly wrong, based on the record taken as a whole. The trial judge was not clearly wrong. … The residual impairment provision was first interjected into this case when DOTD, in its post trial memorandum, suggested that this was the only possible workers’ compensation provision under which plaintiff might qualify

Derrick Gabriel v. Louisiana Organ Procurement Agency

Louisiana Court of Appeal · Sep 20, 2023

In Gabriel, this court affirmed the motion for summary judgment filed by LOPA that established that Dr. Ramcharan was not its employee. On May 11, 2022, Dr. … Louisiana Revised Statutes 17:2354.6(A) immunizes qualified individuals from civil, criminal, and administrative action from loss or damage caused by an act or omission when those individuals act in good faith.

Reed v. Allstate Insurance Co.

97 La.App. 4 Cir. 2141 · Louisiana Court of Appeal · Dec 2, 1998

Moreover, Meeks is an unreported decision, which clearly has no precedential value. … Thus, only one of the three alternate venues established by LSA-R.S. 22:655 applied to that case. The only proper venue was the venue established by La.

McGregor v. Hospice Care of Louisiana in Baton Rouge, L.L.C.

2009 La.App. 1 Cir. 1357 · Louisiana Court of Appeal · Feb 12, 2010

The plaintiffs were subsequently advised that the Hospice defendants were not qualified with the patient’s compensation fund. … Clearly, the medical malpractice claim existed at the time that judgment was rendered in the contract suit, as the medical malpractice claim had already been filed as a separate suit under a different docket number.

Aucoin v. CNA

2012 La.App. 1 Cir. 0144 · Louisiana Court of Appeal · Sep 21, 2012

Although the evidence established that Mr. … Aucoin’s neighbor and the clerk of court preclude his qualifying for PTD benefits. Thus, we find that the WCJ correctly granted summary judgment in favor of KCS and dismissed Mr. Aucoin’s claim for PTD benefits. Mr.

Chabert v. Mothe Life Insurance Co.

4 La.App. 5 Cir. 590 · Louisiana Court of Appeal · Nov 30, 2004

As can be seen from the preceding statements, clearly the trial court used the proper standard to determine whether or not the incident in question qualified as an intentional act exception to La. R.S. 23:1032. … The evidence -simply does not establish that LeBlanc intended any injury whatsoever, and further, a reasonable man would not have anticipated that any injury would result from the act.

Helling v. Webster Parish Police Jury

523 So. 2d 904 · Louisiana Court of Appeal · Mar 30, 1988

On February 3, 1987, the Webster Parish Police Jury disapproved the plaintiff's application for a liquor license because her "establishment is in an area that was voted dry" and therefore the granting of such a license would … In addition to the procedure for calling local option elections by petition of twenty-five percent of the qualified electors residing in any ward or incorporated municipality an election may be ordered to determine whether

Anderson v. State

916 So. 2d 431 · Louisiana Court of Appeal · Nov 2, 2005

The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents. (Emphasis added.) … Thus, the Louisiana Constitution mandates that the Legislature, not the Governor, enact legislation to provide indigent defendants with qualified legal counsel.

Schepp v. Olin Corp.

445 So. 2d 1280 · Louisiana Court of Appeal · Feb 1, 1984

Doctor Lacour qualified as an expert in general and industrial medicine. He testified, under direct examination, that Mr. Schepp's condition was attributable to gas exposure. … that the finding is not clearly wrong (Manifestly erroneous).'

Bourne v. Seventh Ward General Hosp.

546 So. 2d 197 · Louisiana Court of Appeal · May 16, 1989

The testimony of plaintiff's experts clearly establishes, and this appellant admits, that there is a latent period from three to four days after the overdose before the liver damage begins to manifest itself. Thus, Ms. … The case is clearly distinguishable from the one sub judice.

Pitre v. Secretary of State

2001 La.App. 3 Cir. 477 · Louisiana Court of Appeal · Apr 19, 2001

The petition to recall the election results and for injunctive relief, alleged that many of the qualified voters who usually vote, did not vote in this election. … They argue the judgment was rendered at 6:10 P.M. on April 16, 2001, and that the plaintiff did not file his appeal until 9:06 A.M. on April 18, 2001, which is beyond the twenty-four hour time limit established by La.R.S.

Hemphill v. Tremont Lumber Co.

24 So. 2d 635 · Louisiana Court of Appeal · Jan 15, 1945

We think that the facts which were established with certainty in the Hester case clearly distinguish it from the case before us. It is true that the defense in the Hester case was based upon a diagnosis made by Dr. … Even the medical witnesses, who testified positively from symptoms and history that decedent died of angina pectoris, qualified their conclusions to such extent as to materially weaken the effect thereof.

State v. Comeaux

524 So. 2d 863 · Louisiana Court of Appeal · Feb 3, 1988

Number 3 argues that the trial judge erred in allowing Detective LeBlanc, who was not qualified as an expert, to express an opinion on whether the glass particles picked up off the ground on August 21, 1986, were from the … Detective LeBlanc has clearly stated the facts upon which the inference is based. These assignments of error lack merit.

Alfred Palma, Inc. v. Crane Services, Inc.

3 La.App. 3 Cir. 0614 · Louisiana Court of Appeal · Nov 5, 2003

The waiver was clearly articulated in the bill of sale and was made known to the buyer. … However, fraud need only be proven by a preponderance of the evidence and may be established by circumstantial evidence. LSA-C.C. art.1957.

Boyd v. Chrysler Corp.

487 So. 2d 768 · Louisiana Court of Appeal · Apr 25, 1986

McCrary could not remember clearly, but felt sure he had told the plaintiff the truck would pull the boat. … Francis Reed, a mechanic from M & M’s service department who qualified as an expert, testified M & M had replaced the throw-out bearing in April, August and November of 1983.

FIA Card Services, N.A. v. Smith

27 So. 3d 1100 · Louisiana Court of Appeal · Dec 22, 2009

of it as is true and qualify or deny the remainder. … Unless that party establishes grounds for vacating, modifying or correcting the award, the arbitration award must be confirmed.