Case law

Charleston v. Berry

723 So. 2d 1069 · Louisiana Court of Appeal · Dec 28, 1998

The Marshal successfully moved to dismiss that suit on a qualified-immunity defense. The Marshal then moved for summary judgment in this case, attaching in support thereof *1075 the affidavit of V. … This suit is remanded to the 21st Judicial District Court to permit plaintiff to amend her petition within thirty days to cure the defects of vagueness and nonconformity as raised by the City and to assert facts establishing

State v. James

459 So. 2d 1299 · Louisiana Court of Appeal · Nov 20, 1984

Fortenberry, supra, adopts the test established in Castaneda v. … Cox's explanation was an incorrect statement of the law but, rather, that it exceeded his qualified area of expertise. We do not feel that allowing Dr.

Bridges v. Mosaic Global Holdings, Inc.

23 So. 3d 305 · Louisiana Court of Appeal · Oct 24, 2008

(“IMC”), a Delaware corporation not qualified to transact business in Louisiana. In 2004, IMC changed its name to Mosaic, a | (¡corporation also not qualified to transact business in Louisiana. … a corporation also not qualified to transact business in Louisiana.

Foster v. Hampton

372 So. 2d 657 · Louisiana Court of Appeal · May 29, 1979

Article 12, Section 10 of the Louisiana Constitution of 1974 provides: “(A) No Immunity in Contract and Tort. … Clearly in light of these decisions, the “employer” of a deputy sheriff in this state is and has been the State of Louisiana.

Miller v. Poimboeuf

514 So. 2d 484 · Louisiana Court of Appeal · Aug 13, 1987

“In this case the evidence establishes that Dr. Poimboeuf is a registered voter of Sabine Parish. “Clearly, as a registered voter of Sabine Parish, Dr. … Considering the trial court’s findings, the testimony, and the law, the record clearly establishes that Dr.

Becker v. Dean

2003 La.App. 4 Cir. 1561 · Louisiana Court of Appeal · Sep 5, 2003

Bernard Parish for at least two immediately preceding the time established by law for qualifying for office. Id., § 2.01(e). … Clearly, Dean’s judicial confession squarely contradicts his contention that the property located at 101 Dean Drive is located in St. Bernard Parish for the purpose of qualifying for the upcoming councilman election.

Clark v. Durbin

590 So. 2d 633 · Louisiana Court of Appeal · Nov 13, 1991

Therefore, plaintiffs must establish a right of action through the Direct *636 Action Statute (La.R.S. 22:655) which "was enacted to give special rights of action to injured tort victims". Arrow Trucking Co. v. … The Supreme Court of Mississippi dismissed the plaintiff's suit for lack of standing based on the doctrine of family immunity and Mississippi's lack of a Direct Action Statute.

Arledge v. Hendricks

715 So. 2d 135 · Louisiana Court of Appeal · Jun 26, 1998

Blount, 550 So.2d 577 (La.1989), the Montalvo court stated: Intentionally tortious actions, ostensibly performed for a client's benefit, will not shroud an attorney with immunity. … As stated above, our inquiry is whether the petition alleges facts sufficient to establish that McIntyre intended to cause direct harm to Arledge and, therefore, establishes a cause of action in intentional tort.

CHL Enterprises, LLC v. State, Department of Revenue

9 La.App. 3 Cir. 487 · Louisiana Court of Appeal · Nov 4, 2009

The third area of disagreement concerned the sale of equipment that clearly did not qualify as rubber tired farm tractors, but that did — according to Loewer’s customers— qualify as “other equipment used in agricultural production … That business is clearly harmed, however, when it is required to pay someone else’s taxes. We find that Loewer has established the third element |12of estoppel under Showboat Star .

Restivo v. City of Shreveport

566 So. 2d 669 · Louisiana Court of Appeal · Aug 22, 1990

Although the state provides for the licensing and testing of journeyman plumbers in LSA-R.S. 37:1377 B, the state clearly neither tests nor licenses master plumbers. … The remarks were clearly gratuitous *673 and, as the trial court noted in making this observation, the point addressed was "not at issue in this lawsuit."

Broussard v. Duhon

99 La.App. 3 Cir. 1426 · Louisiana Court of Appeal · Sep 21, 1999

In order to be qualified as a candidate for the Council Seat for District 5, Ms. … -¡Michael Breaux, a licensed land surveyor who was qualified at trial as an expert in that field.

Thompson v. Rapides Parish School Board

94 La.App. 3 Cir. 651 · Louisiana Court of Appeal · May 18, 1994

The resolution adopted by the School Board clearly placed the challenged voters in School Board District No. 10. … The testimony and exhibits at the hearing clearly established that the Riggs’ residence is located south of Cotile School District No. 22A as it was established by the School Board in 1947.

Lehmann v. American Southern Home Ins. Co.

615 So. 2d 923 · Louisiana Court of Appeal · Mar 5, 1993

DISCUSSION LSA-R.S. 22:1220 establishes plaintiffs' cause of action for an insurance company's bad faith refusal to settle claims. … This immunity, however, is qualified. A trial court has broad discretion in discovery matters, including discretion to deny discovery. Laburre v. East Jefferson General Hospital, 555 So.2d 1381, 1385 (La.1990).

Floyd v. City of Carencro

14 La.App. 3 Cir. 268 · Louisiana Court of Appeal · Oct 1, 2014

Considering the duties imposed on the officers by virtue of “The Protection from Family Violence Act[,]” the legislature has also provided for specific qualified immunity in situations such as the one before this court for … We also agree with the trial court’s ruling that the officers were entitled to statutory qualified immunity, based on a finding of good faith.

Benjamin v. Zeichner

11 La.App. 3 Cir. 1524 · Louisiana Court of Appeal · Jun 27, 2012

Shamblin was licensed in both Alabama and Louisiana, and clearly qualified under La.R.S. 9:2794 D(l)(d) to provide expert testimony. Thus, Dr. … Zeichner’s potential negligence in this case, came when he was clearly qualified under the statute as an expert witness. We find therefore, that to require Dr.

Rogers v. Louisiana Dept. of Corrections

982 So. 2d 252 · Louisiana Court of Appeal · Apr 30, 2008

They also urge that the defendants failed to make certain that the decedent was employed in a position for which he was qualified. … The plaintiffs argued that Springhill did not qualify as a statutory employer or as a special employer.

Wimberly v. Giglio

57 So. 3d 389 · Louisiana Court of Appeal · Jan 26, 2011

are manifestly erroneous or clearly wrong. … The record clearly establishes how the accident occurred, the cause of death and that Wimberly was intoxicated. Introduction of the coroner’s report would not have affected the outcome of the proceedings in any way.

State v. Staton

433 So. 2d 222 · Louisiana Court of Appeal · May 17, 1983

Captain Barnett had been qualified as an expert in other drug trials in East Baton Rouge Parish. … He was clearly qualified to testify as an expert on specific issues related to his special knowledge and expertise within the general area of narcotics.

Ralph v. City of New Orleans

2008 La.App. 4 Cir. 0767 · Louisiana Court of Appeal · Jan 15, 2009

the City extends to City employees that might establish a domestic relationship. … Clearly, that is neither the intent nor the effect of the registry ordinance.

Willis v. Ochsner Clinic Foundation

13 La.App. 5 Cir. 627 · Louisiana Court of Appeal · Apr 23, 2014

R.S. 40:1299.44(D)(2)(b)(xi) establishes that the PCF’s claim for indemnity is limited in two respects. … Where the qualified health care provider or its insurer has settled a medical malpractice claim for the statutory limit of $100,000, the LMMA expressly provides that the liability of the QHCP is deemed “admitted and established