Case law

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 .

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.

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.

Dewese v. Hartford Accident & Indemnity Company

295 So. 2d 574 · Louisiana Court of Appeal · Sep 13, 1974

He smelled of intoxicants and said that he had had a couple of drinks but was very prompt in his answers to the questions and spoke clearly. His answers were coherent and his attitude was cooperative. … Margaret Faye Longo, a surgeon in the city of Lafayette, was qualified as an expert in the field of general surgery. She testified that she first saw Mrs.

State v. Moore

920 So. 2d 334 · Louisiana Court of Appeal · Jan 13, 2006

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … And what experience do you have if you think it qualifies you to present a defense at a trial? By Mr. Moore: Sir, I know this right here. I know that Mr. Nolen, Mr., Mr.

Eros Pellerin v. Foster Farms, L.L.C.

Louisiana Court of Appeal · Jan 11, 2023

Patrick being qualified to give an expert opinion as to the cause of the blowout. Furthermore, it strains credulity for plaintiff to argue on the one hand that Mr. … Clearly, considering the unrefuted evidence submitted to the trial court, plaintiff lacks the factual support necessary to show that he would be able to meet the burden of proving the element of cause-in-fact at a trial

City of New Orleans v. New Orleans Public Service Inc.

471 So. 2d 233 · Louisiana Court of Appeal · May 28, 1985

Establishment of Rates. … Clearly conditions [Section 9] (a) through (g) are derived from this authority.

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.

McCann v. Christus St. Frances Cabrini Hospital

16 La.App. 3 Cir. 21 · Louisiana Court of Appeal · May 11, 2016

Hora was not named at all, their statements would not qualify as judicial admissions since Ms. Vondrak has failed to show that she relied on the McCanns’ statements to her detriment. … A trial court’s grant of an exception of prescription is reviewed under the clearly wrong-manifest error standard of review. Patin v.

Rachal ex rel. Regan v. State ex rel. Department of Health & Hospitals

2009 La.App. 1 Cir. 0786 · Louisiana Court of Appeal · Oct 27, 2009

[[Image here]] (2) Any fee authorized by and imposed pursuant to this Section shall be considered an allowable cost for purposes of | insurance or other third party reimbursements and shall be included in the establishment … R.S. 47:8054(G)(l)(a) would have clearly been unnecessary and superfluous, as the Department would have owed a similar duty relating to hospital patients under La. C.C. arts. 2302 and 2303.

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.

Husband v. TENET HEALTH. MEMOR. MED. CENTER

16 So. 3d 1220 · Louisiana Court of Appeal · Aug 12, 2009

wrong based on the evidence, or clearly without evidentiary support." … Article 591(A) provides that a civil action must first meet five prerequisites to qualify for class certification.

Sanchez v. Harbor Const. Co., Inc.

2007 La.App. 4 Cir. 0234 · Louisiana Court of Appeal · Oct 3, 2007

Agreement The Master Service Agreement in effect between Global and Harbor at the time of the accident specifically provided that Global "is to serve as a labor resource service furnishing qualified skilled and semi-skilled … Moreover, the agreement between Harbor and Global clearly required Harbor to provide the job supervision. Given that Global's involvement with Mr.

Gosserand v. City of Gretna

9 La. App. 554 · Louisiana Court of Appeal · Oct 29, 1928

In such penalty, with such sureties and conditioned as may be prescribed by ordinance and shall hold their offices for two years and until their successors shall be elected and qualified. … It will be noted that Act 89 of 1921 does not penalize all proceedings with nullity for such failure and we cannot decree such a penalty where the act of the municipality was clearly within its specified powers, and one clearly

State ex rel. B.L.P.

96 La.App. 1 Cir. 1790 · Louisiana Court of Appeal · Oct 24, 1996

(g) According to expert testimony or proof of an established pattern of behavior, termination of parental rights and adoption are in the child’s best interest. … Dorothy Jones, a former client service worker, helped M.F.P. get the children immunized, as well as, obtain housing, furniture and clothing. Ms. Jones testified she would periodically go over a chore list with M.F.P.

State v. Brown

445 So. 2d 456 · Louisiana Court of Appeal · Jan 10, 1984

It is clearly established by the record, although not conceded by the state, that insufficient probable cause existed to arrest the defendant for arson. … of establishing that the confession was voluntary, still retains that burden.

Riley v. Maison Orleans II, Inc.

829 So. 2d 479 · Louisiana Court of Appeal · Sep 25, 2002

It's not something that one expects of a person because they qualify for a diagnosis of Organic Brain Syndrome or Dementia. … It's not something that one expects of a person because they qualify for a diagnosis of Organic Brain Syndrome or Dementia.

Scott v. Barclay's Amer. Leasing Service

506 So. 2d 823 · Louisiana Court of Appeal · Apr 14, 1987

On January 10, 1983, Catherine Bonita Scott (Scott) as natural and qualified tutrix of Kendrill Davon Scott Jackson (Jackson) filed suit against Barclay's American Leasing Service, Inc. … The trial court's findings of fact are entitled to great weight and will not be disturbed absent a finding that they are clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).

Lacy v. ABC Ins. Co.

712 So. 2d 189 · Louisiana Court of Appeal · Apr 1, 1998

Lacy would be qualified. The jury awarded $19,000 to Ms. Lacy for loss of future earnings. This award, which represents approximately five and one-half months lost wages, is supported by the record. Ms. … Lacy only submitted $42,000 in medical bills, and that she failed to establish a causal link between some of those bills and her alleged injuries.