Case law

Patrick Jeansonne v. City of Marksville

Louisiana Court of Appeal · Nov 25, 2015

While Defendants did not specifically assert absolute immunity as a basis upon which to grant their exception, absolute immunity that is apparent on the face of a petition may properly form the basis of sustaining an exception … that the finding is clearly wrong (manifestly erroneous).

M.R. Pittman Group, L.L.C. v. Plaquemines Parish Government

2015 La.App. 4 Cir. 860 · Louisiana Court of Appeal · Dec 2, 2015

. ; While such a judgment might qualify as a partial final judgment under Article 1915 B(l) of the Louisiana Code of Civil Procedure, it would need such a | . … An appellate court should not disturb a trial court’s factual findings supporting prescription unless they are clearly *320 wrong. See Carter v.

Larson v. Larson

229 So. 3d 1043 · Louisiana Court of Appeal · Oct 25, 2017

To substantiate reversal, the appellate court must find from the record that there is no reasonable factual basis for the finding of the trial court and that the record establishes that the finding is clearly wrong or manifestly … Bruce Miller, qualified as an expert in the areas of trusts and taxation, testified extensively that after .reviewing Ms.

Lederer v. Famous Entertainment, Inc.

732 So. 2d 1277 · Louisiana Court of Appeal · May 12, 1999

The plaintiff presented no lay or expert testimony tending to establish that Mr. Lederer was unable to perform any occupation for which he was otherwise qualified prior to the accident. … wrong based on the evidence, or clearly without evidentiary support.

Johnson v. Drury

763 So. 2d 103 · Louisiana Court of Appeal · Jun 2, 2000

based on agreements not firmly established in the failed financial institution's official records. … When signatures are admitted or established, production of the instrument entitles a holder to recover on it unless the defendant establishes a defense. La.R.S. 10:3-308.

State v. Smith

672 So. 2d 1034 · Louisiana Court of Appeal · Mar 27, 1996

In the absence of qualifying provisions, the term "intent" refers to "general criminal intent." La.R.S. 14:11. … The trial court clearly justified the maximum sentence.

State v. Breaux

767 So. 2d 904 · Louisiana Court of Appeal · Aug 29, 2000

During the habitual offender hearing, the State called Lieutenant Patricia Adams of the Jefferson Parish Sheriff's Office, who was qualified as an expert in the field of identification and comparison of fingerprints, to establish … The existence of the prior convictions was established (see Assignment Of Error Number Three). The record also clearly indicates that the Defendant was represented by counsel.

Case v. Louisiana Medical Mut. Ins. Co.

624 So. 2d 1285 · Louisiana Court of Appeal · Oct 6, 1993

Deacon's status to `NOT QUALIFIED' and notifying him and all involved parties of this amendment." … Clearly, the policy provided the conditions which had to be met to claim coverage under its terms.

State v. Fogleman

12 La.App. 3 Cir. 16 · Louisiana Court of Appeal · Oct 3, 2012

In the absence of qualifying provisions, the term “intent” has reference to general criminal intent, La. … Having concluded that the state need only establish that the defendant possessed the items found in the black duffle bag to establish the requisite intent required to convict the defendant of the charged offense, we next

Mitchell v. Clark Equipment Co.

561 So. 2d 175 · Louisiana Court of Appeal · Apr 11, 1990

ESCO, 549 So.2d 840 (La.1989), clarified the "manifestly erroneous—clearly wrong" standard, as follows, at 844: ... … Mitchell argues further that a plaintiff should not be denied damages for future medical expenses because of the difficulty in establishing their nature and extent, and that medical costs have continued to rise.

CHEF MENTEUR LAND CO., LTD. v. Sandrock

2011 La.App. 4 Cir. 0497 · Louisiana Court of Appeal · Oct 19, 2011

The court also determined that Chef Menteur failed to establish that the litigation qualified as a “cost recovery action” under 42 U.S.C. 9607 (the Comprehensive Environmental Response, Compensation, and Liability Act, or … Likewise, “[w]here there are two permissible views of the evidence, the fact finder’s choice between them cannot be manifestly erroneous or clearly wrong.” Id.

DeGruy v. Pala, Inc.

525 So. 2d 1124 · Louisiana Court of Appeal · Apr 19, 1988

An odd lot claimant need not be absolutely helpless to qualify for total disability. … DeGruy's educational background and mental ability would not qualify as an odd lot worker.

Succession of James Conway Liner, III

Louisiana Court of Appeal · Nov 20, 2019

He shall continue in office until an administrator or executor has been qualified, or until the heirs or legatees have been sent into possession. … The record supports the trial court’s ruling, inasmuch as the appellants neither applied for the position nor established a valid basis for the appellee’s removal as provisional administrator.

Dufrene v. St. Charles Parish Police Jury

371 So. 2d 378 · Louisiana Court of Appeal · May 4, 1979

The law relative to working in pain is so well established that comment is unwarranted." … Dufrene was employed at an hourly rate of $4.50 for 8 hours per day, 5 days per week, or $180 per week, and so qualifies for the maximum amount of $85.00 per week. He was paid $1020 in compensation, or 12 weeks.

Wiley v. Wiley

10 La.App. 3 Cir. 1306 · Louisiana Court of Appeal · Mar 9, 2011

Has the Lower Court manifestly erred in drawing upon its speculation as to present and future health, earning capacity, and financial means of Gail herein after expert medical testimony established otherwise? 3. … While based upon [Gail’s] age and back problems, she cannot be expected to work an eight hour day, five days a week, her education and intelligence qualifies her for at least part-time employment.

Louise Frederick Wife of/and Steven Frederick Versus St. Charles Surgical Hospital, LLC

Louisiana Court of Appeal · Dec 23, 2024

Such a reading of the peer review committee privilege is clearly too expansive in light of our decision in Smith ...” and instructed the trial court to re-examine, in-camera, if necessary, the discovery requests made by … We construe immunity statutes strictly against the party claiming immunity, and we construe any doubts against the application of immunity based on a specific set of facts. Tebault v. E. Jefferson Gen.

Terry and Shannon Jeansonne v. New Horizon Kids Quest, Inc.

Louisiana Court of Appeal · Mar 24, 2004

While there is some support for a waiver of immunity by the Tribe in the Tribal-State Compact, that support is too ambiguous. A waiver of immunity must be clearly expressed and unequivocal. Kiowa Tribe of Oklahoma v. … Rather than remand for a full hearing to establish the relationship of the parties, I would reverse and render judgment.

Lyons v. Jahncke Service, Inc.

125 So. 2d 619 · Louisiana Court of Appeal · Dec 19, 1960

Defendant argues Articles 670 and 2322 are clearly and patently inapplicable inasmuch as they expressly deal exclusively with liability of owners of buildings to third persons injured because of failure to maintain same in … At this juncture we wish to point out that we consider the issue of defendant's alleged contractual immunity from liability, predicated upon the terms of the bailment contract, wherein bailee purported to hold defendant harmless

Cascio v. Downing

957 So. 2d 795 · Louisiana Court of Appeal · Apr 4, 2007

We cannot say that the trial judge was clearly erroneous to accept the opinions of Drs. Arillaga and Friley on the issue of whether a breach occurred and reject the premise and conclusions of Drs. … Further, no civil action against a qualified health care provider or its insurer may be commenced in any court before the claimant's proposed complaint has been presented to a medical review panel established pursuant to

Terre Aux Borufs Land v. JR Gray Barge

803 So. 2d 86 · Louisiana Court of Appeal · Nov 14, 2001

In an effort to establish a prior course of dealings with Henry's, Gray offered evidence, including Mr. … However, the evidence in this case clearly demonstrates that Henry's never gained the "possession, command, and navigation" of the vessel necessary to qualify it as the bareboat charterer. Mr.