Case law

Granger v. Ridenour

15 So. 3d 384 · Louisiana Court of Appeal · Jul 22, 2009

They urge, first, that the evidence outweighed the verdict; and secondly, that the jury clearly acted improperly such that impartial justice was not accomplished. … He explained to the jury that the baby's problem was the underlying non-immune hydrops, [1] which was prenatal in origin.

Ritter v. U-Park System of Louisiana, Inc.

98 La.App. 4 Cir. 1699 · Louisiana Court of Appeal · Sep 1, 1999

The defendant relies upon the | ¡immunity clause in La. … The contract clearly informs the owner of the vehicle that | ¿this is a mere lease and not a deposit or “bailment” which would impose further responsibilities on the owner of the parking lot.

Bridges v. Carl E. Woodward, Inc.

663 So. 2d 458 · Louisiana Court of Appeal · Oct 12, 1995

However, plaintiff failed to establish that anyone at Woodward knew this. … Bazley, 397 So.2d at 481 . *466 Lehman's affidavit establishes, for purposes of summary judgment [1] , the substantial certainty of a two-blocking accident.

Williams v. City of Baton Rouge

844 So. 2d 360 · Louisiana Court of Appeal · Mar 28, 2003

Clearly, the court erred in relying on this information, which was outside the record. … However, the constitutionality of this statute was called into question as an abrogation of sovereign immunity contained in Article XII, § 10(A) of the Louisiana Constitution.

Mullins v. Concrete & Steel Erectors

6 La.App. 3 Cir. 510 · Louisiana Court of Appeal · Sep 27, 2006

Findings of fact made by a WCJ are subject to the manifest error/clearly wrong standard of review. Alexander v. Pellerin Marble & Granite, 93-1698 (La.1/14/94), 630 So.2d 706 . … Mullins when he worked at Qualified Contractors, Incorporated. Apparently, the employer had discovered that Mr.

Crowe v. Bio-Medical Application of Louisiana, LLC

208 So. 3d 473 · Louisiana Court of Appeal · Jun 3, 2016

In order for a dialysis clinic to qualify and participate as a Medicare provider, the clinic must meet all Medicare regulations and various conditions for coverage (“CfCs”). See 42 C.F.R. §§ 494 .1— 494.180. … Thus, Bio-Medical argues, these prescription drug purchases are clearly made “under the provisions of Medicare.”

Danna v. London Guarantee & Accident Company

147 So. 2d 739 · Louisiana Court of Appeal · Nov 29, 1962

Excessive speed and failure to keep a proper lookout in a densely populated area where children are known to be playing in and around the streets clearly constituted negligence. Rainwater v. … of the Rabun vehicle at from fifteen to thirty-five miles per hour was of doubtful probative value due to their inability to make proper observation from their location at the time, or due to their failure to give such qualified

Cooper v. La. Dept. of Public Works

870 So. 2d 315 · Louisiana Court of Appeal · Mar 3, 2004

need not contain technical formalities, but it must contain a clear expression of a party's intent to be bound as a surety. [45] The plaintiff in Cooper believed the resolutions, to which the City of Bogalusa had agreed, established … If a person causes damage by breaching a tort duty owed to the plaintiff, then, absent immunity, he is personally liable to the plaintiff for those damages.

Shaw v. Fidelity & Cas. Ins. Co.

582 So. 2d 919 · Louisiana Court of Appeal · Jun 19, 1991

The jury verdict finding no liability appears correct and is surely not clearly wrong. … Clearly, however, Mr. Shaw, Sr. did not qualify as an insured.

Minot v. King

4 Teiss. 312 · Louisiana Court of Appeal · Feb 18, 1907

The sixth paragraph of Art. 131 of the Constitution provides that: “There shall be a clerk of said Court of Appeal (Court of Appeal for the Parish of Orleans) who shall be elected by the qualified voters of said Parishes, … As we have said, it is manifest that the amendment referred to clearly conveys the idea that to the legislative department *315 property belongs the duty of fixing and regulating such fees, and, when this paragraph is read

Sims v. Ward

938 So. 2d 702 · Louisiana Court of Appeal · Jun 9, 2006

that the fact finder is clearly wrong or manifestly erroneous. … To perform its constitutional duty properly, an appellate court must determine whether the trial court's conclusions were clearly wrong based on the evidence or clearly without evidentiary support. Id.

Pinkney v. Miller

439 So. 2d 1113 · Louisiana Court of Appeal · Sep 21, 1983

Clark was not qualified as a drug expert but testified based on his "street qualification." Clark was at the bus stop on First Street and noticed Scott "talking loud to an old man" while waiting for the bus. … Rodriquez clearly exonerates NOPSI from liability. The district court judgment is reversed; judgment is entered in favor of defendants/appellants at plaintiff's costs. REVERSED AND RENDERED.

Twin B. Casinos, Inc. v. State ex rel. Louisiana Gaming Control Board

2000 La.App. 1 Cir. 1681 · Louisiana Court of Appeal · Sep 28, 2001

The licensing requirements ensure the integrity of the industry, assure public confidence in the ability of the Division to sufficiently regulate the industry, and | n exclude those persons who are not qualified to engage … The state’s interest in regulating its gaming industry is legitimate, and the licensing scheme clearly and rationally promotes that interest. Payne, 925 F.Supp. at 423 .

Hasney v. Allstate Ins. Co.

2000 La.App. 4 Cir. 0164 · Louisiana Court of Appeal · Feb 7, 2001

As his first assignment of error, the plaintiff contends that "the Jury was Clearly Wrong in Finding that [plaintiffs] Injury claim was Fraudulent." … The character witness shall not express his personal opinion as to the character of the witness whose credibility is in issue. (3) Inquiry into specific acts on direct examination while qualifying the character witness or

Council of City of New Orleans v. Morial

390 So. 2d 1361 · Louisiana Court of Appeal · Oct 9, 1980

Process all claims presented by eligible participants for the payment of medical expenses in accordance with the Plan and to pay such benefits if a claim in its judgment qualifies for payment. … Establish claim control procedures and claim administration to the same extent as if benefits were totally insured by the Administrator on a conventional group insurance basis. "P.

State v. Mitchell

163 So. 3d 858 · Louisiana Court of Appeal · Apr 15, 2015

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … Our review of the trial evidence shows that these elements were clearly proven.

Schysm v. Boyd

47 So. 3d 977 · Louisiana Court of Appeal · Aug 16, 2010

clearly wrong. … In the civil statute pertaining to immunity from liability, La. R.S. 9:2798.4, the threshold remained 0.10% until amended in 2004. 2 . Mrs.

Vermilion Parish School Board v. Conocophillips Company

Louisiana Court of Appeal · Feb 1, 2012

Clearly, Section 16 lands are owned by the State. … The immunity from prescription provision of La.Civ.Code art. 3494(5) clearly applies to “state-owned properties.”

Theresa Naquin v. Church Mutual Insurance Company, Covenant Christian Academy of Houma, Louisiana, and First Baptist Church of Houma

Louisiana Court of Appeal · Dec 30, 2024

The evidence before the court in this matter clearly established that Naquin was Jani- King' s employee. … the finding is clearly wrong.

State v. Marts

765 So. 2d 438 · Louisiana Court of Appeal · May 31, 2000

At the time of his sentencing in 1998, the latter conviction qualified him for life imprisonment under R.S. 15:529.1 A(1)(b)(ii), as amended by 1995 La. Acts 1245 , § 1. … Marts "clearly and unequivocally declared ... that he wanted to represent himself and did not want counsel ....