Case law

Phyllis J. Green v. Evangeline Parish Police Jury

Louisiana Court of Appeal · Oct 9, 2013

Upon qualifying as a candidate for other public office, a registrar shall forfeit his office. … Our review of the evidence in the record reveals that it contains a reasonable factual basis for the trial court’s conclusion, and the record does not establish that the trial court’s findings were clearly wrong or manifestly

Mark Patout v. Underwriters at Lloyd's London

Louisiana Court of Appeal · Mar 1, 2017

The Louisiana Supreme Court and this court have addressed this situation. 1 The LPLA “establishes the exclusive theories of liability for manufacturers for damage caused by their products. … The first Louisiana case that clearly adopted the doctrine of contributory negligence was Fleytas v.

Isla Resources, LLC v. Frey

931 So. 2d 1233 · Louisiana Court of Appeal · May 31, 2006

Clearly, the testimony of Ms. King-Pa-tin and Mr. Vegas as to whether a background check was performed prior to Ms. Frey’s hiring is not consistent. … Clearly, there is a dispute over the issue of whether Rhino Referral is the industry standard.

Hamilton v. Baton Rouge Health Care

2009 La.App. 1 Cir. 0849R · Louisiana Court of Appeal · Dec 8, 2010

Rather, the Louisiana Code of Civil Procedure requires the plaintiff to state what act or omission he will establish at trial. Id. … Although the Center undoubtedly had routine custodial duties regarding plaintiff's mother, in addition to its duties as a nursing home and health care provider, the totality of the circumstances alleged in plaintiffs petition clearly

Wise v. Nanda

211 So. 3d 629 · Louisiana Court of Appeal · Dec 28, 2016

The need for services must be shown, the reasonableness of the fee must be established, and the extent and duration of the services must be proven. Edwards, supra; Tanner, supra. … LSU contends there was insufficient evidence of the need for nonprofessional family custodial care, and no evidence to establish a reasonable rate or the extent or duration of such care.

Christina James Worms, Julien Georges Pierre Worms, and Picardie Timber Frame, LLC v. Toni Denise Barnard and Douglas Barnard

Louisiana Court of Appeal · Jun 20, 2024

“Thus, we review this matter to determine whether the trial court’s ‘finding of fact ... is clearly wrong in light of the record reviewed in its entirety.’” Id. … been made certifying that the sheriff has been unable to make service, whichever is earlier, on motion of a party the court shall appoint a person over the age of majority . . . whom the court deems qualified

Schulingkamp v. Ochsner Clinic

813 So. 2d 524 · Louisiana Court of Appeal · Mar 13, 2002

a)(i) provides, however: No action against a health care provider covered by this Part, or his insurer, may be commenced in any court before the claimant's proposed complaint has been presented to a medical review panel established … malpractice, LSA-R.S. 40:1299.41(G) allowed the suspension of prescription with regard to certain solidary obligors as follows: ... the running of prescription against a health care provider who is answerable in solido with a qualified

Krupp v. Pan Air Corp.

183 So. 2d 403 · Louisiana Court of Appeal · Feb 7, 1966

The record is devoid of evidence which would establish any negligence on the part of Hertz, since on this occasion it leased the vehicle to Pan Air through Fergeson, ostensibly a capable driver, who produced a valid driver … The jurisprudence is rather well settled to the effect that in order to qualify as an omnibus insured under the above policy provision, the driver of an automobile must be operating it with either the express or implied consent

Ingram v. State Farm Mut. Automobile Ins. Co.

31 So. 2d 423 · Louisiana Court of Appeal · Jun 26, 1947

The opinion in the Biaggini case shows that there was an abundance of medical testimony by qualified physicians in the record before the appellate court, which court reached its conclusions by reason of an analysis and evaluation … Though our examination of the jurisprudence of Louisiana on this point has not led us to any cases which might be regarded as being on all fours with the case at bar, we do find some which, in our opinion, clearly state the

Doe v. ABC Corp.

951 So. 2d 452 · Louisiana Court of Appeal · Jan 24, 2007

Appellants argue that this determination was clearly incorrect, and that it did not constitute final agency action. . 12 C.F.R. §§ 7.5000 ; 7.5010; 7.5015; and 7.5217. . … The federal district court remanded the case to state court, reasoning that the fact that a defendant will raise a defense based on federal law is not sufficient to establish federal jurisdiction.

Dettenhaim Farms, Inc. v. GreenPoint AG, LLC, Nationwide Insurance Company, Wesley Emmett Sanchez, and ABC Insurance Company

Louisiana Court of Appeal · Nov 17, 2021

clearly wrong. … The trial court’s finding that plaintiffs established by a preponderance of the evidence that Greenpoint caused damage to the unharvested soybean crops was not clearly wrong. 15

State v. Tucker

591 So. 2d 1208 · Louisiana Court of Appeal · Dec 6, 1991

To make a Batson contention, a defendant is required to establish a prima facie case of purposeful discrimination. … From a total 238-year exposure, the imposition of 120 years qualifies as a proper sentencing *1219 choice.

Jaffarzad v. Jones Truck Lines, Inc.

561 So. 2d 144 · Louisiana Court of Appeal · Mar 14, 1990

Since defendants failed to establish Jaffarzad's conduct was a cause-in-fact of the accident, we find the jury clearly erred in concluding he was 9% negligent. B. … Trooper Langlinais, who also testified, was not qualified as an accident reconstruction expert.

Lindner v. Lindner

506 So. 2d 609 · Louisiana Court of Appeal · Jun 12, 1987

In resolving the issue of support, the factual findings of the trial court are accorded substantial weight and will not be disturbed on review unless clearly wrong. Teasdel v. … Lindner is a qualified, degreed dental hygenist. She is capable of earning in the neighborhood of $25,000 per year with her professional training.

Dewenter v. Mott

27 So. 2d 444 · Louisiana Court of Appeal · Oct 9, 1946

Clearly, in our opinion, under such facts, no consideration for an extension was due by the plaintiff nor was a formal tender of the purchase price necessary. [2] When we come to consider that phase of the case on the merits … It was not until November 30, 1942 that the judgment for separation between the defendant and his wife was signed and even then that judgment did not establish the status of the property because that was done only in the

State v. Cortez

687 So. 2d 515 · Louisiana Court of Appeal · Dec 18, 1996

Glenn Borne to testify regarding whether immunizations were received by defendant's child and regarding the type of injury incurred by the defendant's son. B. The court erred in allowing Dr. … Accordingly, the state has failed to establish that Ms.

Montgomery v. Montgomery

2011 La.App. 3 Cir. 1223 · Louisiana Court of Appeal · Apr 11, 2012

In Brown v. 6Drillers Inc., supra, the Supreme Court held that “substantiating evidence” must establish: either (1) that the releaser was mistaken as to what he or she was signing, even though fraud was not present; or (2 … If this qualified as a valid dispute over the scope of a compromise settlement, compromise settlements would have to be the length of novels in order to cover every possible injury that might arise out of any given accident

Succession of Porche

273 So. 2d 665 · Louisiana Court of Appeal · Feb 6, 1973

CARR, a Notary Public, duly commissioned and qualified, in and for the Parish of Jefferson, State of Louisiana, therein residing, and in the presence of Tulie B. Patterson and Walter E. … To establish by appointment, decree or law; to constitute; decree; appoint; institute; enact; * * *.” See also Black’s, supra, “ordain.

Ulmer v. Baton Rouge General Hospital

361 So. 2d 1238 · Louisiana Court of Appeal · Jun 12, 1978

David Aiken, a physician and surgeon, who qualified as an expert on behalf of plaintiff and who testified on direct and on rebuttal. In substance, Dr. … We have considered the awards made in the instant case in light of the well-established rule and find no abuse of the much discretion vested in the jury.

Byrd v. Pulmonary Care Specialists, Inc.

2016 La.App. 1 Cir. 0485 · Louisiana Court of Appeal · Dec 22, 2016

Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact, and the mover … However, we decline consideration of this argument since there is no indication in the record that PCS is a qualified health care provider entitled to the limited liability protection of the Louisiana Medical Malpractice