Case law

Coleman v. Deno

832 So. 2d 1016 · Louisiana Court of Appeal · Nov 6, 2002

Deno maintains that various witnesses were not qualified to testify. Although Mr. Lambert was not a physician, he was qualified as an expert to testify concerning the availability of prosthetics. … Payment by one health care provider of the maximum amount of his liability statutorily establishes that the plaintiff is a victim of that health care provider's malpractice.

Covington Golf & Recreation Park, Inc. v. Keating

244 So. 3d 14 · Louisiana Court of Appeal · Mar 7, 2018

Nevertheless, "[i]ntentionally tortious actions, ostensibly performed for a client's benefit, will not shroud an attorney with immunity. … a trial court's factual conclusion, the appellate court must satisfy a two-step process based on the record as a whole: there must be no reasonable factual basis for the trial court's conclusion, and the finding must be clearly

Compensation Specialties, L.L.C. v. New England Mutual Life Insurance Co.

2008 La.App. 1 Cir. 1549R · Louisiana Court of Appeal · Feb 13, 2009

Plaintiff contends the May 11, 2005, letter exchanged between counsel regarding the informal request for an extension of discovery qualifies as a “step” in the defense of this case. … Therefore, Plaintiff has failed to establish his entitlement to relief under this provision.

Maldonado v. Kiewit Louisiana Co.

152 So. 3d 909 · Louisiana Court of Appeal · May 30, 2014

Louisiana jurisprudence has consistently recognized that the privilege created by the work-product doctrine is qualified, not absolute. See e.g. Landis v. … that the finding is clearly wrong.

Walker v. Manitowoc Co.

259 So. 3d 465 · Louisiana Court of Appeal · Oct 10, 2018

The record evidence establishes that a suspended load is a free-floating object that is held aloft by a crane. … Service Bulletin 90 advised distributors that loose cap screws could cause damage to the clutch assembly and requested that all model 888 cranes equipped with freefall be inspected by a Manitowoc qualified service technician

State v. Hunter

2015 La.App. 4 Cir. 0306 · Louisiana Court of Appeal · Sep 9, 2015

In this case, the jury clearly chose to believe the evidence and testimony that contradicted Mr. Hunter’s self-defense claim. … And, given the evidence discussed 112above, it does not appear that the jury’s credibility findings were clearly contrary to the evidence. II In this Part, we address Mr.

Smith v. Smith

923 So. 2d 732 · Louisiana Court of Appeal · Sep 28, 2005

We note that West Virginia DHHR , is clearly factually distinguishable from the case before this court. … Pellegrin reviewed the tape, she opined that the child was clearly being subjected to severe emotional abuse by Michaelle Duncan, in that Michaelle Duncan was clearly alienating the child from her father, encouraging the

State v. Mitchell

818 So. 2d 807 · Louisiana Court of Appeal · May 8, 2002

Additional authentication was established by Cotty's testimony that she was familiar with the speaker's voice. … Where the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with La. C. Cr. P. art. 894.1. State v.

State ex rel. S.M.W.

0 La.App. 3 Cir. 308 · Louisiana Court of Appeal · Aug 9, 2000

Because the Department decided that her job did not qualify as stable employment and would prevent her from being able to provide adequate supervision of the children, Ms. … Walters’ living arrangements were unstable; however, close scrutiny beyond the thin veneer of the Department’s arguments clearly shows that Ms.

Morris v. Louisiana Machinery Co.

12 La.App. 5 Cir. 222 · Louisiana Court of Appeal · Dec 18, 2012

LAW AND ANALYSIS Factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of review. Clay v. … A workers’ compensation claimant first has the burden of establish *1180 ing that an aecident occurred on the job and that he sustained an injury, and then he must establish a causal connection between the accident and the

Clement v. Graves

924 So. 2d 196 · Louisiana Court of Appeal · Sep 28, 2005

In the instant case, the document in question does not qualify as a self-authenticating document pursuant to LSA-C.E. arts. 902, 904 or 905. … This provision clearly provides that the termite inspection report or certificate was to be provided by the seller "at act of sale."

Graugnard v. Capital Area Transit System

2012 La.App. 1 Cir. 2025 · Louisiana Court of Appeal · Dec 20, 2013

Supreme Court set about the task of establishing a single rule for determining the appropriate limitation period for a § 1983 remedy based on a broad characterization of all § 1983 claims. … But plaintiffs’ reliance on these federal cases is misplaced because these cases are clearly factually distinguishable from the instant case.

Cent. St. Matthew United Church of Christ v. Atkins

264 So. 3d 1243 · Louisiana Court of Appeal · Jan 30, 2019

Matthew and Central Congregational shall vest in CSM as the Surviving Corporation and CSM shall possess all the rights, privileges, immunities, powers and purposes of St. … This was clearly *1250 established at the hearing on the Writ Petition, when the trial court heard testimony from Ernest Jones, counsel for KOLA and a defendant in this matter. Mr.

ACCREDITED SUR. & CAS. v. McElveen

631 So. 2d 563 · Louisiana Court of Appeal · Feb 2, 1994

Mallet, 442 So.2d 1361 (La.App. 3rd Cir.1983), writ denied, 445 So.2d 437 (La.1984), wherein we explained: Every person who, under color of state law, causes another to be deprived of any rights, privileges, or immunities … Koehring Co., 283 So.2d 716 (La.1973), and their progeny factual determinations of the trial court are reversible only if found to be manifestly erroneous or clearly wrong.

Pitzgerald v. Benevolent Knights of America of Louisiana

5 Pelt. 692 · Louisiana Court of Appeal · Nov 13, 1922

The record facts in this case as well as the testimony of the officers of the defendant -association, clearly establish a course of conduct on the part of the defendant whereby it gave the insured the right to believe that … This authority relied on by counsel for defendant in the case now before us, does not in any way qualify the consistent jurisprudence of our State, for th¡ reason that we do not consider the facts of the Kennedy cas. to be

Johnson v. City of New Orleans Police Department

2008 La.App. 4 Cir. 0269 · Louisiana Court of Appeal · Jan 14, 2009

In addition, the claimant must also establish a causal link between the accident and the subsequent disabling condition. Marks v. 84 Lumber Co., 00-322 (La.App. 3 Cir. 10/11/00) , 771 So.2d 751 . … The NOPD does not dispute the fact that the claimant is entitled to such benefits where j ifithey arise in consequence of qualified medical treatment.

Hagan v. Stone

742 So. 2d 101 · Louisiana Court of Appeal · Sep 22, 1999

Despite the independent nature of the two enterprises, the contract clearly contemplated that Stone would share a five-year, five percent portion of Hagan’s gross sales attributable to Advantage and supported by Stone. … When viewed in their entirety, Stone’s actions qualify both as the transacting of business and contracting to supply services or things in this state contemplated by La. R.S. 13:3201.

Lemoine v. Hessmer Nursing Home

94 La.App. 3 Cir. 836 · Louisiana Court of Appeal · Mar 1, 1995

As such, the court found that the defendant was clearly deprived of an opportunity to adequately prepare a defense. In the present case, Dr. … Therefore, an appellate court may not set aside a trial court's findings of fact in the absence of manifest error or unless clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989).

Cart v. Ducote

490 So. 2d 731 · Louisiana Court of Appeal · Jun 17, 1986

Clearly, Shiley Laboratories, Inc. was not named as a defendant in the original petition filed October 16, 1980 nor in the original petition in this numbered *735 matter filed April 23, 1982. … Therefore, although Shiley's co-defendants are qualified "health care providers", the circumstance of their having filed proceedings pursuant to R.S. 40:1299.41 et seq. are irrelevant as concerns a determination of whether

State v. Jacobs

904 So. 2d 82 · Louisiana Court of Appeal · May 31, 2005

Ghebreziabher] until the conclusion of the interview, he clearly indicated that these two defendants had, in fact, robbed him." Defendant further complains that the trial court erred in allowing Mr. … Thousands of qualified citizens were excluded from grand jury service in defendant's case.