Case law

Larios v. Julio Gomez Martinez & Imperial Fire & Cas. Ins. Co.

239 So. 3d 1041 · Louisiana Court of Appeal · Feb 21, 2018

C.E. art. 803(6) permits the custodian of the record "or other qualified witness" to establish the essential foundational predicate. Id. … Funez on August 4, 2014, and does not establish that this finding was clearly wrong.

O'DELL v. Deich

496 So. 2d 1074 · Louisiana Court of Appeal · Oct 9, 1986

The second element needed to establish the defense of qualified privilege is that the communication must be on a subject in which the person communicating has an interest or owes a duty. Clearly, Ms. … For these reasons, the second element in establishing the defense of qualified privilege has been satisfied.

Johnson v. Schwegmann Bros.

397 So. 2d 868 · Louisiana Court of Appeal · Apr 7, 1981

C.Cr.P. art. 215 Comment (e) points out the storeowner acting reasonably is immune from civil liability. In Brown v. Hartford Ins. … In the case before us the defendant's employees could no longer claim the immunity afforded by C.Cr.P. art. 215 once it was established there was in fact no theft of Schwegmann's merchandise.

Bailey v. Bolton

755 So. 2d 254 · Louisiana Court of Appeal · Sep 10, 1998

by law for qualifying for office." … that the finding is clearly wrong.

Sonnier v. Bayou Boudin & Cracklins

597 So. 2d 1245 · Louisiana Court of Appeal · Apr 16, 1992

The trial judge commented, “I just want to state for y’all purpose, for your benefit the fact as I see them established by the depositions. You have two brothers, the employer and the employee. … But that statement of fact, when added to this court’s statement of what seem to be the background facts, does not clearly show this to be a worker’s compensation case. Other factors have to be considered.

Marcus Randall v. Board of Supervisors of Southern University and A&M College, Louisiana High School Athletics Association, Louisiana High School Coaches Association, Herman Brister, Jr., Individually and in his Official Capacity as Director of The Southern University La

Louisiana Court of Appeal · Aug 23, 2021

Brister, we find that qualified immunity applies. … Brister established that his conduct did not violate clearly established

Reed v. St. Charles General Hospital

11 So. 3d 1138 · Louisiana Court of Appeal · May 6, 2009

Reed died of AIDS, acquired immune deficiency syndrome. His wife’s death from AIDS followed on May 1,1995. Mr. and Mrs. Reed instituted these legal proceedings for compensation against the hospital and others. … The evidence before us clearly establishes that the PCF received a copy of the petition on December 29, 2007; the petition was not filed with the court until January 9, 2008.

In Re: Medical Review Panel Proceedings of Shawn Boryca Vs.

Louisiana Court of Appeal · Aug 11, 2021

not exist in the record and 2) those findings are determined to be manifestly erroneous or clearly wrong. … Dickson breached the appropriate standard of care is manifestly erroneous or clearly wrong.

Smith v. Union Underwear, Inc.

457 So. 2d 248 · Louisiana Court of Appeal · Oct 10, 1984

It is established that Mrs. Smith is suffering from pain that is so substantial that she cannot return to her former occupation as an examiner of underwear briefs. But Mrs. … Smith may be qualified to perform which was to work as a cosmetologist. Mrs.

Miller v. Dicherry

251 So. 3d 428 · Louisiana Court of Appeal · May 29, 2018

Accordingly, a trial court's determination of custody is entitled to great weight and will not be reversed on appeal unless an abuse of discretion is clearly shown. Id. … . *435 The First Amendment to the United States Constitution states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ..." and is applicable to the states by virtue

Stuart v. City of Morgan City

504 So. 2d 934 · Louisiana Court of Appeal · Mar 4, 1987

The essence of La.R.S. 9:2791 and 2795 is that an owner who qualifies for their immunity owes no duty of care and cannot incur liability. No distinction is made in either statute between negligent and strict liability. … In Van Pelt, 489 So.2d at 1353 , we observed as follows: Although the site of this accident is clearly more rural and undeveloped than that in Landry , the question of the character of the land was not much addressed in the

State v. Rubbicco

550 So. 2d 219 · Louisiana Court of Appeal · Sep 14, 1989

You have to establish a relevancy with regard to this case and on the witness's credibility in this case. BY MR. DEEGAN: Your Honor, I object to Mr. Whalen's continuing character assassination when there is no ... … It is a long established policy that the secrecy of grand jury proceedings should be carefully maintained. State v.

Dale v. Louisiana Secretary of State

971 So. 2d 1136 · Louisiana Court of Appeal · Oct 11, 2007

Clearly, the issuance of a preliminary injunction or order as requested in plaintiffs' prayer for relief would disserve the public's compelling interest in being allowed to choose from all qualified candidates who seek to … A contest of an election clearly envisions that an election has already occurred.

Gwandiku v. State Farm Mut. Auto Ins. Co.

7 La.App. 3 Cir. 580 · Louisiana Court of Appeal · Jan 9, 2008

P. art. 971] before it concluded [that Pat Adams] was immune from suit; 2. … Gwandiku did not meet her burden of establishing a probability of success on her claim against Adams.

State in Interest of EG

95 La.App. 1 Cir. 0018 · Louisiana Court of Appeal · Jun 23, 1995

EG's mother testified she had not taken her daughter to the doctor for her immunizations except on one occasion. … Long clinic to attend to the immunizations.

Calais v. Exxon Pipeline Co.

430 So. 2d 321 · Louisiana Court of Appeal · Apr 13, 1983

Clearly it is shown that the loading and unloading of pipe is an essential and necessary part of Exxon’s business. … The record also establishes that the loading and unloading of pipe is normally performed by Exxon employees.

Strong v. Breaux

612 So. 2d 111 · Louisiana Court of Appeal · Sep 17, 1992

as such, that the notice of candidacy form does not clearly state the payment of qualifying *112 fees, and that the notice of candidacy does not clearly show that it was filed before the Louisiana Secretary of State or his … The basis of the exception is that plaintiff alleged no facts, which if assumed true, would establish defendant failed to qualify for the primary election in the manner prescribed by law or failed to meet the qualifications

Marler v. State

78 So. 2d 26 · Louisiana Court of Appeal · Jan 31, 1955

The constitutional provision clearly authorized the statute as enacted and the statute not only waived the State's immunity against suit against it but also its immunity from suit for the negligence of its agents and employees … It was, therefore, clearly the intention and purpose of the Legislature to waive the State's immunity from liability for torts of its agents.

Nicholson v. Grisaffe

436 So. 2d 763 · Louisiana Court of Appeal · Aug 16, 1983

The evidence at trial established that Nicholson was qualified to vote in District Eight. Under the circumstances the exception of no right of action was properly overruled by the trial court. … Establishment of precincts A.

Francis Deal v. Adrian Perkins and Caddo Parish Clerk of Court, Mike Spence, in his Official Capacity

Louisiana Court of Appeal · Aug 8, 2022

In fact, the Charter confers on the city all powers, rights, privileges, and immunities that are “not expressly denied by * * * general state law[.]” Charter, Art. 2, § 2.01 (b). … Furthermore, the evidence established that Mr. Perkins has a pattern of utilizing the Stratmore Circle address in his bids for public office. Although Mr.