Case law

Juneau v. Avoyelles Parish Police Jury

482 So. 2d 1022 · Louisiana Court of Appeal · Feb 5, 1986

The defense of a qualified privilege must be specially pleaded. Trahan v. Ritterman, 368 So.2d 181 (La.App. 1st Cir. 1979). … R.S. 42:3 by interpretation or counter authority, perhaps Sherwin Juneau will be able to establish a claim for wages due from March 13, 1984 until June 13, 1984.

Spikes v. Louisiana Commerce & Trade Ass'n

13 La.App. 1 Cir. 919 · Louisiana Court of Appeal · Jul 2, 2014

Yet, he did not clearly state in his appeal to Medical Services what treatment had been provided to Ms. … R.S. 23:1203.1(B), which provides for the establishment of a Medical Treatment Schedule. .

Melissa Tiblier v. Gordon Boudauin, State of Louisiana, Department of Transportation and Development and City of New Orleans

Louisiana Court of Appeal · Mar 4, 2020

Attaching several affidavits and depositions to establish that minimum safety requirements were satisfied, the DOTD showed the immense size and bright color of the Sweeper made it clearly visible to a following driver, … Tiblier could not establish the existence of a genuine issue of material fact as to Mr.

Hebert v. Terrebonne Parish School Bd.

879 So. 2d 222 · Louisiana Court of Appeal · May 14, 2004

DISCUSSION Standard of Review Factual findings in workers' compensation cases are subject to the manifest error or clearly wrong standard of appellate review. Banks v. … Further, where there are two permissible views of the evidence, a factfinder's choice between them can never be manifestly erroneous or clearly wrong.

Lewis v. State

145 So. 2d 345 · Louisiana Court of Appeal · Sep 24, 1962

and unequivocally and affirmatively established. … Accordingly, a decision adverse to plaintiff would be in disregard of established rules of law, jurisprudence and equity. We are of the opinion that the judgment of the trial court is correct.

Louisiana Local Government Environmental Facilities & Community Development Authority v. All Taxpayers

170 So. 3d 231 · Louisiana Court of Appeal · Feb 12, 2015

in 2009 and the novelty of the program to finance such qualifying improvements pursuant thereto, the LCDA instituted this proceeding to assist with the marketability of the PACE bonds. . … issuance of such bonds,” our ruling today clearly expresses no opinion as to the validity of any future actions or proceedings by the LCDA to obtain such approval of the State Bond Commission.

Bell v. Mid City Printers, Inc.

54 So. 3d 1226 · Louisiana Court of Appeal · Dec 22, 2010

Bell clearly failed to comply with the pretrial order. Furthermore, assuming arguendo that the WCJ erred in denying the introduction of Dr. … To qualify for SEB, a claimant is required to prove by a preponderance of evidence that a work-related injury resulted in the inability to earn ninety percent or more of his average pre-injury wage. Id. (citing La.

National Collegiate Student Loan Trust 2004-1 v. Richard Pleasant Patsy Brown

Louisiana Court of Appeal · Dec 18, 2024

NCSLT 2004-1 further argued that its petition was not vague and clearly set forth a cause of action when the attachments to the petition were considered with it. … C.E. art. 803(6), the custodian of the record “or other qualified witness” can establish the essential foundational predicate for admissibility of business records without having prepared the records. Achary Elec.

Stutson v. McGee

125 So. 2d 482 · Louisiana Court of Appeal · Dec 19, 1960

Plaintiff appealed from the ruling of the trial court and filed in the appellate court a plea of prescription of thirty years under the provisions of Articles 3475 and 3499, as qualified by Articles 3430, 3495, 3500, 3501 … But clearly if plaintiff through Mrs.

State of Louisiana Versus Matthew F. Siekmann

Louisiana Court of Appeal · Feb 5, 2025

R.S. 14:403.10 (B) establishes a three-prong test for determining whether the immunity it establishes applies. State v. Jago, 16-346 (La. … As such, the three-prong immunity test under La. R.S. 14:403.10(B) was not met.

Ledet v. Roy

544 So. 2d 105 · Louisiana Court of Appeal · May 24, 1989

Blueprinting was never clearly defined, but apparently it is a procedure in which the engine is mapped. … The defendant and his witnesses, none of whom were qualified as experts, disputed Mr. Benoit’s testimony in regard to balancing.

In Re Basf Corporation's Exemption Permit

765 So. 2d 1171 · Louisiana Court of Appeal · Jul 31, 2000

This language established the effective date of the amendment as the date of signature by the governor, which was July 3, 1997. … It is well-settled that substantive laws either establish new rules, rights, and duties, or change existing ones, while interpretive laws merely establish the meaning the statute had from the time of its enactment.

McGregor v. HOSPICE CARE IN BATON ROUGE

2009 La.App. 1 Cir. 1357 · Louisiana Court of Appeal · Mar 11, 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.

McClain v. General Agents Ins. Co. of America

438 So. 2d 599 · Louisiana Court of Appeal · Sep 20, 1983

In its effort to prove arson the appellant relied primarily on the testimony of its expert witness, William Schulthies, a mechanical engineer and qualified fire origin analyst from California. … Penalties and attorney fees are not assessed unless it is clearly shown that the insurer was arbitrary, capricious, and without probable cause in refusing to pay. Thomas v.

Humphries v. LA. DEPT. OF PUBLIC WORKS, DIV. OF TRANSP.

545 So. 2d 610 · Louisiana Court of Appeal · May 24, 1989

The record establishes that Florida was born prior to Anna Humphries' marriage to King Humphries, Jr. … Here the damages could have been determined by qualified repairmen with reasonable certainty. There was no necessity for the trial court to make an estimate of damages susceptible of reasonable determination by experts.

State v. Contreras

247 So. 3d 858 · Louisiana Court of Appeal · May 30, 2018

R.S. 14:31, and qualify as a "crime of violence" pursuant to La. R.S. 14:2(B)(4). … Whether that conviction qualified to establish relator's status as a convicted felon for purposes of R.S. 14:95.1 is discussed below in response to Assignment of Error No. 1. Ga.

Whitfield v. East Baton Rouge Parish School Board

43 So. 2d 47 · Louisiana Court of Appeal · Nov 25, 1949

the suit, and we affirmed a judgment of the lower court, maintaining an exception of no cause or right of action, based on the ground that the School Board was an agency of the State and therefore, was subject to the same immunity … In this case, defendant was shown not to have control over the drainage ditch, canal or creek, and the way which the accident happened has been fully established.

Ly v. State Through Dept. of Public Safety and Corrections

633 So. 2d 197 · Louisiana Court of Appeal · Nov 24, 1993

Thus, Delatte was clearly exceeding the posted speed limit at the time of the accident. … is clearly wrong.

State v. Frosch

2000 La.App. 4 Cir. 1525 · Louisiana Court of Appeal · Mar 14, 2001

However, in the absence of qualifying provisions, the terms “intent” and “intentional” have reference to general criminal intent. La. … The evidence established that defendant stood nude in his yard, and masturbated as he watched his female neighbor through a common fence.

Melissa Tiblier v. Gordon Boudauin, State of Louisiana, Department of Transportation and Development and City of New Orleans

Louisiana Court of Appeal · Mar 4, 2020

Attaching several affidavits and depositions to establish that minimum safety requirements were satisfied, the DOTD showed the immense size and bright color of the Sweeper made it clearly visible to a following driver, … Tiblier could not establish the existence of a genuine issue of material fact as to Mr.