Case law

Smart v. Vazquez

2012 La.App. 4 Cir. 1694 · Louisiana Court of Appeal · Jun 12, 2013

Upon receipt of the complaint, the PCF, in letters dated November 1 and November 13, 2006, acknowledged receipt of the complaint, and confirmed the status of the defendants as qualified health care providers. … This cause of action in legal malpractice clearly accrued when the Rev.

Active Solutions, L.L.C. v. Dell, Inc.

2010 La.App. 4 Cir. 1590 · Louisiana Court of Appeal · Jul 21, 2011

R.S. 9:2798.1 discretionary immunity. … New Sites: The parties will establish camera sites as follows: I.

Myers v. Myers

532 So. 2d 490 · Louisiana Court of Appeal · Oct 12, 1988

The first part of the language specifically and clearly states that the second mortgage payments are alimony for "whatever principle [sic] and interest is required on the second mortgage." … The second part of the language specifically designates the second mortgage payments as alimony so that they will qualify as a "deduction" for Mr. Myers. The language then provides that Mrs.

State v. Caminita

2016 La.App. 1 Cir. 0121 · Louisiana Court of Appeal · Sep 16, 2016

This documentary evidence was uncontroverted and clearly indicated the value of the stolen goods at the time of defendant’s offense. … The fact that a particular strategy is unsuccessful does not establish ineffective assistance of counsel. State v.

Darty v. Transocean Offshore U.S.A., Inc.

2003 La.App. 4 Cir. 1669 · Louisiana Court of Appeal · May 12, 2004

found that sweeping indemnity language virtually identical to that found in the instant case was sufficient to express the intention of providing indemnification even in the case of the indemnitee’s own negligence: “Long-established … general principles of interpreting indemnity agreements require that indemnification for an indem-nitee’s own negligence be clearly and unequivocally expressed.”

WKG-TV VIDEO ELECTRONIC COL., INC. v. Reynolds

618 So. 2d 1023 · Louisiana Court of Appeal · Apr 23, 1993

Reynolds stated that if the Institute did not qualify for financial assistance he was not interested in purchasing the school. … Clearly the obligation of transferring Institute to DR and obtaining agency approval were those of WKG. So were the costs associated with doing so. La.C.C.

Gilliam v. Brooks Heating & Air Conditioning

146 So. 3d 734 · Louisiana Court of Appeal · Jul 16, 2014

Factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of appellate review. Banks v. … the finding is clearly wrong.

BancorpSouth Bank v. Kleinpeter Trace, L.L.C.

2013 La.App. 1 Cir. 1396 · Louisiana Court of Appeal · Oct 1, 2014

Accordingly, the record fails to establish that BancorpSouth willfully refused to comply with any order in the January judgment. … It immunizes conduct that, under ordinary circumstances, would subject the actor to liability.” Deer Enterprises, LLC v.

Estate of Derrick Francis v. City of Rayne

Louisiana Court of Appeal · Oct 3, 2007

Further, the trial court accepted the testimony of Lloyd Grafton, qualified as an expert in the field of use of force and police policy and procedure. Dr. … Francis’ behavior was not 16 conclusively established at trial,10 his actions were clearly not inadvertent.

Boudreaux v. SCHWEGMANN GIANT SUPERMKT.

585 So. 2d 583 · Louisiana Court of Appeal · May 30, 1991

The trial judge's conclusion that a finding of only 25 percent comparative negligence is the one and only reasonable decision was clearly wrong. … The Louisiana Supreme Court established the standard for appellate review of the amount of a trial court damage award in Reck v.

Shields v. Alvin R. Savoie & Associates, Inc.

2016 La.App. 1 Cir. 0825 · Louisiana Court of Appeal · Feb 17, 2017

. | BThereafter, the adverse party must produce factual evidence sufficient to establish that he will be able to satisfy his evidentia-ry burden of proof at tidal. … clearly urged well after thirty days and two years had elapsed since the warranty commencement date.

State v. Avery

49 La.App. 2 Cir. 662 · Louisiana Court of Appeal · Feb 27, 2015

The defense presented testimony from several witnesses establishing the environment in which Avery was raised. … Next, the record clearly reveals a discovery violation by the defense. Defense counsel hired Dr.

State v. Brown

556 So. 2d 248 · Louisiana Court of Appeal · Jan 24, 1990

The foregoing discussion clearly reveals that the evidence was sufficient for a rational trier of fact to conclude beyond a reasonable doubt that defendant was the gunman who robbed Neal and Ms. Carter. … Fisher and Officer Jim Gregory were qualified and accepted as experts in latent fingerprint analysis and identification.

State v. Washington

484 So. 2d 946 · Louisiana Court of Appeal · Feb 25, 1986

The trial court sustained the state's objection on the basis that defense counsel had failed to establish the relevance of that line of questioning at that point in time. … In the present instance, the testimony offered in rebuttal was clearly proper for such purpose.

Gerald Castille v. St. Martin Parish School Board

Louisiana Court of Appeal · Apr 27, 2016

that the factfinder is clearly wrong or manifestly erroneous. … Galligan, The Employer’s Tort Immunity: A Case Study in Post-Modern Immunity, 57 La. L.Rev. 467, 473 (1997).

Bankston v. H. E. Wiese, Inc.

190 So. 2d 485 · Louisiana Court of Appeal · Jul 8, 1966

The evidence clearly establishes that Bankston suffered an accident with a resultant sprain of his lumbo-sacral area while he was in the process of lifting either one or two tool chests from one position onto a cabinet. … “Bankston also urges that though he has continued to work almost uninterruptedly since his qualified discharge by Dr.

Yong Turner v. Southwest Louisiana Hospital Assoc

Louisiana Court of Appeal · Oct 1, 2003

Brookshire Bros., Ltd., 02-2404, 02-2421 (La. 6/27/03), 848 So.2d 559, which held that in a trial against the Fund for excess damages, evidence that victim or third party fault caused any portion of the damages “is clearly … the qualified health care provider, and the qualified health care provider’s professional liability insurer or to their attorneys.

Donald Ray Seaux, Sr., Et Ux. v. Dr. Juan Paredes

Louisiana Court of Appeal · May 4, 2016

Theard was clearly the anesthesiologist of record in Mr. Seaux‘s case from the start; thus, there was no confusion over who was responsible for the prescription of the PCA. … The record clearly reflects Dr. Theard‘s participation in the prescribing of the PCA, including the dosage to be given, the dosage intervals, and the maximum four-hour dosage.

Montz v. Theard

818 So. 2d 181 · Louisiana Court of Appeal · Feb 27, 2002

Montz failed to qualify for a loan, the sellers agreed to finance the property themselves. … A body of jurisprudence has established appropriate adjustments to be made in the case of a failed Bond for Deed transaction.

Bergeron v. Williams

933 So. 2d 803 · Louisiana Court of Appeal · May 12, 2006

that the finding is clearly wrong (manifestly erroneous). … The trial court determines that both testifying experts were qualified by education and experience, both experts set forth reasonable facts, data and medical knowledge underlying their respective opinions and both testifying