Case law

Jolibois v. Hartford Acc. & Ind. Co.

486 So. 2d 283 · Louisiana Court of Appeal · Apr 9, 1986

The trial court was clearly wrong in not granting defendants a credit for time plaintiff actually worked. … Redding varied from the facts established at trial. We find no merit to this contention.

Fireman's Fund Ins. Co. v. Bulliard Farm

915 So. 2d 1014 · Louisiana Court of Appeal · Nov 2, 2005

The burden is on the party seeking reformation to establish, by clear and convincing evidence, that a mutual mistake has occurred. Farmers-Merch. Bank v. St. Katherine Ins. … Bulliard "signed the application clearly showing he did not have crop revenue coverage."

Orleans Parish School Board v. Pastoree

2012 La.App. 1 Cir. 1174 · Louisiana Court of Appeal · Aug 14, 2013

In Louisiana, it is a well-settled principle that statutes are presumed to be constitutional unless fundamental rights, privileges, and immunities are involved. World Trade Center Taxing Dist. v. … It must be shown clearly and convincingly that it was the intent of the constitutional provision to deny the legislature the power to enact the statute in question.

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.

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.

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

Rosenthal v. Betsy's Pancake House, Inc.

2000 La.App. 4 Cir. 1546 · Louisiana Court of Appeal · May 16, 2001

Charlet, the first witness to testify, was qualified as an expert on the Jefferson Parish building code. When Mr. … wrong based on the evidence, or clearly without evi-dentiary support.

Moreau v. Woman's Benefit Ass'n

16 La. App. 33 · Louisiana Court of Appeal · Jan 27, 1931

The evidence does not establish that the insured could not have passed a medical examination. … There is not anything whatsoever in the receipt which indicates that it was conditional, but on the other hand, the receipt very clearly shows that the insured had paid all amounts due by her from the date of suspension to

State v. McCullough

2000 La.App. 3 Cir. 983 · Louisiana Court of Appeal · Dec 6, 2000

(La.App. 3 Cir. 3/11/98) ; 715 So.2d 400, 414 , writ denied, 98-955 (La.10/9/98); 726 So.2d 17 , this court stated, "... the defendant must show that the percentage of minority persons in the general population who are qualified … The inculpatory statements were clearly against Calcagno's penal interest, as he confessed to committing the murder.

Provident Bank v. Leslie

2002 La.App. 4 Cir. 1449 · Louisiana Court of Appeal · Jan 13, 2010

Proe. art. 1702 to qualify as a confirmation of default judgment. We agree. |sThe judgment granting “permanent default” was signed on July 18, 2005. … of the demand sufficient to establish a prima facie case as required by La.Code Civ.

In re Medical Review Proceedings of DeBram

2011 La.App. 1 Cir. 0280 · Louisiana Court of Appeal · Aug 27, 2012

(l)(a) All malpractice claims against health care providers covered by this Part, ... shall be reviewed by a medical review panel established as hereinafter provided for in this Section. … Because a reasonable factual basis exists for the trial court’s findings, we cannot say that the trial court was manifestly erroneous or 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 ....

Smith v. Board of Trustees

387 So. 2d 1291 · Louisiana Court of Appeal · Jul 7, 1980

The first issue is whether the plaintiff is entitled to any retirement benefits under the act establishing the Louisiana School Employees’ Retirement System. … In addition, the legislative intent on the matter clearly expressed in the 1970 amendment of LSA-R.S. 17:882.

Williams v. Ace Transportation, Inc.

9 La.App. 3 Cir. 1071 · Louisiana Court of Appeal · Mar 10, 2010

Accordingly, the findings of the OWC will not be set aside by a reviewing court unless they are found to be clearly wrong in light of the record viewed in its entirety. Alexander [v. … Landry qualified that suggestion by acknowledging that the company would use a specific driver — one that had proved to be reliable — if that driver was available.

Suire v. LCS Corrections Services, Inc.

930 So. 2d 221 · Louisiana Court of Appeal · May 3, 2006

The testimony recited above also established that the control room position was considered a full duty one. … While Suire contends that the trial court erred in awarding lost wages for a period of only five months, she states in her brief that she "does not contend that such error was clearly wrong" and does not brief the issue further

John Benjamin, Sr. v. William Zeichner, M.D.

Louisiana Court of Appeal · Jun 27, 2012

Shamblin was licensed in both Alabama and Louisiana, and clearly qualified under La.R.S. 9:2794D(1)(d) to provide expert testimony. Thus, Dr. … Zeichner’s potential negligence in this case, came when he was clearly qualified under the statute as an expert witness. We find therefore, that to require Dr.

Bank of New York v. Williams

0 La.App. 4 Cir. 1922 · Louisiana Court of Appeal · Aug 22, 2001

asserting that “since March 7, 1983, the Project was and remains exempt from any|sand all ad valorem taxes by virtue of Article VII, Sec. 21(A) of the Louisiana Constitution” because it is owned by a public corporation that qualifies … The documents evidencing the 1983 transaction clearly establish that the liability for these payments was created in the Subordinate Agreement and was imposed only on the Lessee, its successors and assigns, with no provision

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.”

Nelson v. Williams

707 So. 2d 436 · Louisiana Court of Appeal · Apr 13, 1998

defense that appears clearly on the face of the pleading. … The right to amend is qualified by the restriction that the objections be curable. Doe v. Entergy Services, Inc, supra . Amendment is not permitted when it would constitute a vain and useless act. Doe v.

Adams v. Falcon Equipment Corp.

717 So. 2d 282 · Louisiana Court of Appeal · Aug 21, 1998

Falcon asserted that the agreement was clear and unambiguous and is not affected by Breck's tort immunity. … Breck also contends that a valid indemnity agreement must have explicit, unequivocal language, clearly expressing the intent to provide indemnification for the indemnitee's negligence before such intent will be found to exist