Case law

ORRILL v. AIG, Inc.

2009 La.App. 4 Cir. 0888 · Louisiana Court of Appeal · Apr 21, 2010

Thus, the class was clearly established and counsel had been appointed to represent it. … This Court rejected Citizens’ assertions of immunity in the Reed case. Citizens appealed to the Louisiana Supreme Court; however, it later withdrew the appeal. . 2008-C-1468 .

Olson v. Toce

17 La.App. 3 Cir. 36 · Louisiana Court of Appeal · Jun 7, 2017

(iii) All or a portion of a payment made by another qualified health care provider, by the insurer of another qualified health care provider, or by the employer of another qualified health care provider has been attributed … The PCF has standing to object when the integrity of the fund is jeopardized, such as when a claim clearly does not fall under the MMA. Id.

Thornton v. Avondale Shipyards, Inc.

479 So. 2d 7 · Louisiana Court of Appeal · Nov 12, 1985

(on remand), 467 So.2d 850 (La.App. 4th Cir., 1984, writ denied 472 So.2d 919 (La.1985) (immunity denied on other grounds); Wells v. … Tourne, which clearly outlines the contractual relationship between Avondale and United States Trust Company of New York, and supports a finding that Hopeman was Avondale's subcontractor.

Haygood v. Dies

127 So. 3d 1008 · Louisiana Court of Appeal · Nov 20, 2013

Haygood, offered her immunity for her testimony against Dr. … Dies’s unfair trade practices and 112conspiracy culminated in the Board’s decision of November 8, 2010, clearly within one year of suit. There is a genuine issue of material *1015 fact whether Dr.

Fouchaux v. Board of Commissioners

65 So. 2d 430 · Louisiana Court of Appeal · May 25, 1953

The Supreme Court, in considering the petition in connection with that suit containing the identical allegations of fact which are ..enumerated in the petition now before us, clearly held that the petition did not state a … Crawford, 213 La. 433 , 49 So.2d 751, 754 , referring to Articles 2286 and 3556 of the LSA-Civil Code, said: “In the interpretation of these codal provisions the following jurisprudence has evolved and become firmly established

Williams v. O'NEILL

813 So. 2d 548 · Louisiana Court of Appeal · Mar 13, 2002

Thus, this court held in Johns that the $500,000 cap established by the MMA does not prevent recovery of that amount from health care providers qualified under the act, while, at *555 the same time, recovering from health … This case is therefore clearly distinguishable from Horil, Castille, and Giammanchere, in which the plaintiffs settled with the qualified health care providers prior to trial.

Thebeau v. Smith

148 So. 3d 233 · Louisiana Court of Appeal · Sep 8, 2014

A qualified elector may bring an action objecting to the candidacy of a person who qualified as a candidate in a primary election for an office in which the plaintiff is qualified to vote. La. R.S. 18:1401(A). … that the fact finder is clearly wrong or manifestly erroneous.

Robertson v. Travis

393 So. 2d 304 · Louisiana Court of Appeal · Dec 15, 1980

The jurisprudence clearly establishes the St. Helena Parish School Board cannot claim to be immune from suit. … The evidence clearly established Mrs. Webb was within the scope and course of her employment when the accident occurred.

South-West Utilities, Inc. v. S. Cent. Bell Tel. Co.

339 So. 2d 425 · Louisiana Court of Appeal · Sep 20, 1976

determination of fair rates and services, in order that regulated industries may reasonably prosper and expand without taking undue advantage of monopolistic situations, that the Public Service Commission is eminently more qualified … Further, we find nothing in the statute which furnishes the Commission with implied authority to immunize such activity.

Boyle v. BD. OF SUP'RS OF LA. STATE UNIV. & AGRIC. & MECHANICAL COLLEGE

672 So. 2d 254 · Louisiana Court of Appeal · Jun 28, 1996

that the finding is clearly wrong (manifestly erroneous). … Neither ... qualified as such and neither... had any training or background in safety engineering or as to what constitutes a hazard on a sidewalk....

Benoit v. City of Lake Charles

907 So. 2d 931 · Louisiana Court of Appeal · Jul 20, 2005

His testimony establishes that the park has both soccer and baseball fields open to the public. … Considering these established facts, we conclude that La.R.S. 9:2795 is applicable to the City.

Howard v. Georgia Pacific Corp.

583 So. 2d 55 · Louisiana Court of Appeal · Jun 19, 1991

After reviewing the evidence and testimony, the trial court found it was clearly established that plaintiff was the employee of Miller Logging and was injured while performing work within the scope of his employment on Georgia … The Legislature granted tort immunity to the principal for the first time in 1976 by amending La.R.S. 23:1032, the section which originally granted tort immunity to the direct employer.

Prejean v. Maintenance Enterprises, Inc.

2008 La.App. 4 Cir. 0364 · Louisiana Court of Appeal · Mar 25, 2009

The contractual language is clearly and unambiguously regulating the rights and responsibilities of the statutory and direct employers as between themselves, which is permissible. … Unlike the instant case, the contract in Smith did not establish a payment regime to the injured worker which is contrary to law.

McDaniel v. Welsh

234 So. 2d 833 · Louisiana Court of Appeal · Apr 13, 1970

The record does not establish the precise cause of the light's failure. … The burden is on plaintiff to establish his case by a preponderance of evidence.

Traylor v. Shell Oil Co.

400 So. 2d 342 · Louisiana Court of Appeal · Jun 3, 1981

This court did not clearly consider the issue now raised. … The Code of Civil Procedure clearly provides that a person against whom a motion for summary judgment is filed may not rely on his pleadings but must establish by affidavit or other evidence that a genuine issue of fact exists

Nixon v. Hughes

176 So. 3d 1135 · Louisiana Court of Appeal · Sep 29, 2015

“Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong.” Id. … “However, once the party bearing the burden of proof has established a prima facie case, the burden then shifts to the opposing party.” Id. ' Ms. Nixon established a prima facie case to disqualify Mr.

Camp v. Gibbs

331 So. 2d 517 · Louisiana Court of Appeal · Apr 19, 1976

That Gross Builders, Inc. is a Texas Corporation and has not qualified with the Secretary of State, State of Louisiana to do business in Louisiana. c. … The contracts clearly stipulate that the contracting party is Gross Builders, Inc., and the contract is signed by Stanley J. Williams as President.

Darville v. Texaco, Inc.

442 So. 2d 1246 · Louisiana Court of Appeal · Dec 8, 1983

Darville and her children are limited to workmen's compensation benefits unless they can qualify under R.S. 23:1032. … Tortorich, 397 So.2d 475 (La.1981), stated, regarding R.S. 23:1032, that the "... principal legislative aim ... was to broaden the class of defendants to be granted immunity from suits by injured employees in tort ..."

Certain v. Equitable Equipment Co.

453 So. 2d 292 · Louisiana Court of Appeal · Jun 6, 1984

Appealing, plaintiff contends that defendants cannot invoke the tort immunity of LSA-R.S. 23:1032 [2] as "principals" or "statutory employers" of plaintiff since the evidence did not establish that he was injured while doing … The "stockholder" immunity of LSA-R.S. 23:1032 clearly applies to them.

LaCroix v. STATE EX REL. DEPT. OF TRANSP.

477 So. 2d 1246 · Louisiana Court of Appeal · Oct 10, 1985

However, the extent of its right of way in this area is not established in the record. … Clearly, this accident took place in a rural setting. Because of this site's popularity, we believe it warrants being termed a recreational area. Members of the general public swam in this creek without charge.