Case law

Robertson v. Cumis Ins. Co.

355 So. 2d 1371 · Louisiana Court of Appeal · Mar 7, 1978

This seems to be so well established that we do not feel it requires further comment. See: Seaton v. Kelly, 339 So.2d 731 (La. 1976). … Young Robertson was not a "named insured" on the policy so the only way he could qualify would be as an "omnibus insured".

Worsham v. Hanover Insurance Co.

378 So. 2d 1060 · Louisiana Court of Appeal · Dec 3, 1979

Coco re-emphasized that before an appellate court can change an award made by a trial court, the record must clearly reveal that the trier of fact abused his discretion in making the award. Reck v. … We have concluded from a totality of the testimony that plaintiff has failed to establish she had any lumbar back injury or elbow injury which was related to the accident.

Webre v. Wilson

672 So. 2d 1124 · Louisiana Court of Appeal · Apr 4, 1996

This resolution alone does not establish that the Parish Council raised the per diem required in LSA-R.S. 33:1432(1) from $3.50 to $6.00. … The tax herein authorized shall be levied and collected only after the question of its imposition has been submitted to and approved by a majority of the qualified voters of the district voting in at a regularly scheduled

Succession of Sporl

2003 La.App. 4 Cir. 1084 · Louisiana Court of Appeal · Oct 1, 2003

The co-executors qualified as co-executors and letters testamentary were issued to them on 19 April 1999. … Harold, as a trustee-to-be of the trust established by the decedent’s will, objected. 1 A hearing was held on the matter on 14 March 2003, and on 26 March 2003, the trial court issued a judgment refusing to homologate the

Yamaha Motor Corp. USA v. Bonfanti Industries, Inc.

589 So. 2d 575 · Louisiana Court of Appeal · Oct 18, 1991

The nonrenewal of a franchise or selling agreement with a marine dealer, or his successor, without just cause or provocation or the refusal to approve a qualified transferee or qualified successor to the marine dealer as … Finally, Bonfanti claims that the "judgment in suit number 334,425 [ Yamaha I] clearly and affirmatively *578 addressed and adjudicated the issues regarding the subject matter jurisdiction of the LUMVC [Commission] to hear

In re the Professional Liability Claim of Snavely

15 La.App. 3 Cir. 207 · Louisiana Court of Appeal · Nov 4, 2015

Clearly, by that point, Ms. Snavely had enough information to put her on guard. Campo, 828 So.2d 502 . Yet, she still did not file her request to convene a medicaT review panel until over a year later on June 24, 2014. … Snavely asserts that if the trial court found that her allegations were insufficient .to establish a date *623 of discovery of July or August 2013, the trial judge should have given her an opportunity to amend her complaint

Raymond J. Labat, Jr. Versus Melinda Price-Bedi, Kyle Ardoin, in His Official Capacity as Secretary of State for the State of Louisiana

Louisiana Court of Appeal · Aug 23, 2019

Appellate courts review a trial court’s findings of fact under the manifest error or clearly wrong standard. Nixon v. Hughes, 15-1036 (La. App. 4 Cir. 9/29/15), 176 So.3d 1135, 1137. … Labat established that he was a duly-qualified elector of the Parish of St. Charles. Further, Mr.

Ronald Ables v. Frank C. Minvielle

Louisiana Court of Appeal · Oct 7, 2009

Following discovery, Twin Pine Farms filed a Motion for Summary Judgment reasserting their statutory immunity under La.R.S. 9:2800.4. Mr. … Defendant[s] assert[] that [Cody Ables] was clearly trespassing at the time of the accident. 2  In Plaintiff’s countervailing Motion for Summary Judgment, he

State v. Campbell

673 So. 2d 1061 · Louisiana Court of Appeal · Mar 13, 1996

Clearly, under the precepts of Michigan v. Mosley, these officers scrupulously honored Campbell's right to cut off questioning. … Clearly, therefore, the credible evidence and testimony conflicted on this issue.

Cramer v. Association Life Ins. Co., Inc.

619 So. 2d 821 · Louisiana Court of Appeal · May 28, 1993

On review, the appellate court should not disturb factual findings in the absence of manifest error or unless clearly wrong. Stobart v. … Therefore, the trial court was not manifestly erroneous in finding that ALIC failed to establish the applicability of the policy exclusion for a preexisting condition.

Campbell v. Hospital Service District No. 1

862 So. 2d 338 · Louisiana Court of Appeal · Dec 10, 2003

Specifically, plaintiffs argue that the expert testimony clearly established that the standard of care for a patient like Mr. Campbell required the administration of heparin and aspirin in the *347 emergency room. … This qualified Mr. Campbell's condition as recurrent. For that diagnosis, the EMAJ article set forth a "rule" that required the administration of heparin and aspirin.

Mosley v. Pennzoil Quaker State

911 So. 2d 327 · Louisiana Court of Appeal · Sep 8, 2005

Factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of appellate review. … To qualify for SEB, a claimant is required *331 to prove by a preponderance of evidence that a work-related injury resulted in the inability to earn 90% or more of his average pre-injury wage.

State v. Hamilton

16 La.App. 3 Cir. 587 · Louisiana Court of Appeal · Apr 5, 2017

are a means of “‘eliminating] extremes of partiality on both sides,’.. .thereby ‘assuring the selection of a qualified and unbiased jury.’ ” Holland v. … While peremptory challenges are one means of assuring the selection of a qualified and unbiased jury, the U.S.

State v. Shumaker

914 So. 2d 1156 · Louisiana Court of Appeal · Oct 28, 2005

A statute is presumed to be constitutional, and the burden of clearly establishing unconstitutionality rests upon the party who attacks the statute. A statute should be upheld whenever possible. … In the absence of qualifying provisions, the term "intent" has reference to general criminal intent, La.

Kevin Cope and Roger Laine v. Board of Supervisors of Louisiana State University and A&M College

Louisiana Court of Appeal · Aug 4, 2025

Plaintiffs note that to be valid, the plan must be a qualified Social Security replacement plan. … However, where a prior disposition is clearly erroneous and will create a grave injustice, it should be reconsidered.'

D.O.H. v. T.L.H.

799 So. 2d 714 · Louisiana Court of Appeal · Oct 31, 2001

Rick Adams was not qualified to conduct the statutorily required treatment program. Dr. … The record also establishes a refusal on the mother’s part to facilitate a relationship between the children and the father.

Louisiana United Businesses Ass'n v. State Workers' Compensation Second Injury Board

2003 La.App. 1 Cir. 2503 · Louisiana Court of Appeal · Feb 4, 2005

The board shall establish rules for the conduct of such hearings. The board may issue subpoenas for witnesses in its behalf or for witnesses deemed necessary to a proper determination of the case. … On the other hand, where a hearing is held, the Board’s responsibility of issuing a final decision is established in Section 123(f) of the Rules of Practice and Procedure.

Amer v. Roberts

2015 La.App. 1 Cir. 0599 · Louisiana Court of Appeal · Nov 9, 2015

Finally, the defendants asserted .that-.the evidence, established without dispute that Dr. … This provision qualified the term of employment. See Shepard v. Phycor of Ruston, Inc., 29,181 (La.App. 2 Cir. 5/7/97), 711 So.2d 288, 292 .

State v. Skyeagle

345 So. 2d 189 · Louisiana Court of Appeal · Jul 1, 1977

The legislative enactment of this law provided for certain procedures clearly civil in nature. [2] None are criminal in nature. [3] Three appellate courts of this state, including the Louisiana Supreme Court have held that … The jurisdiction in the judicial districts established by Article 31 are granted dual jurisdiction, civil and criminal, in Section 35 of Article VII of the 1921 Constitution.

Hunter v. R.J. Reynolds Tobacco Co.

2011 La.App. 4 Cir. 1433 · Louisiana Court of Appeal · Apr 11, 2012

That is to say, “abandonment is not meant to dismiss actions on mere technicalities, but to dismiss actions which in fact clearly have been abandoned.” Id. at 786 . … Hunter did not seek to establish a claim for her own non-action arising from a contra non valentem impediment. That is, Mrs.