Case law
Opinions from 1658 to today.
8,141 results
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Keith Singletary v. State Farm Fire & Casualty Co.
Louisiana Court of Appeal · Apr 23, 2008
In sum, the Benefit Plan satisfies all prerequisites for qualifying as an “ERISA plan” under Donovan. … Thus, because we find that the trial court was unreasonable and clearly wrong in concluding that the record did not sufficiently establish that the Benefit Plan is an “ERISA plan,” we reverse that aspect of its decision
Cited 0 timesUnknown2013 La.App. 1 Cir. 0815 · Louisiana Court of Appeal · Sep 13, 2013
On May 19, 2009, the trial court signed another stipulated judgment establishing a physical custody schedule, addressing school choice, modifying the parties’ percentage shares of medical and dental expenses and health insurance … Clearly, at some point Adam agreed to send the child to St. Jean Vianney. At the time of the trial, the child was going into her fifth year at the school, having attended the school since preschool.
Cited 0 timesPublished146 So. 3d 818 · Louisiana Court of Appeal · Jul 23, 2014
At the top of the hearing, the WCJ reiterated that the joint motion to continue filed August 8, 2008, included a motion to reset, and this qualified as a request for hearing under 23:1209 D. … those in which the plaintiff clearly | Remonstrates no such intent.
Cited 7 timesPublished746 So. 2d 643 · Louisiana Court of Appeal · Oct 6, 1999
In reviewing the record to determine sufficiency of the evidence, a jury's credibility decisions should not be disturbed unless clearly contrary to the evidence. State v. … And as we have also noted, a statement that qualifies for admission under a "firmly rooted" hearsay exception is so trustworthy that adversarial testing can be expected to add little to its reliability....
Cited 14 timesPublishedTravcal Properties, LLC, Etc. v. Gregory J. Logan
Louisiana Court of Appeal · Oct 6, 2010
Ultimately, the court found that the two suits clearly originated from the same transaction or occurrence, the contract. … Logan shall serve as initial Manager of the Company and shall serve until his successor is elected and qualified.
Cited 0 timesUnknown927 So. 2d 328 · Louisiana Court of Appeal · Aug 25, 2005
The trial court erred in validating two voter propositions that are clearly unconstitutional on their face. 5. … However, the letter made no reference to specific clients who qualified as parties with an interest sufficient to require notice beyond that chosen by the legislature.
Cited 2 timesPublished219 So. 3d 1173 · Louisiana Court of Appeal · Apr 5, 2017
As used in this Article, the following terms shall have the meanings ascribed to them below, unless the context clearly indicates otherwise: (1) “Act in furtherance' of a person’s right of petition or free speech under the … even when a plaintiff makes a prima facie showing of the essential elements of defamation, recovery may be precluded if the defendant shows that the statement was true, or that it was protected by a privilege, absolute or qualified
Cited 7 timesPublishedGardner Realtors, LLC v. Iteld
2016 La.App. 4 Cir. 0415 · Louisiana Court of Appeal · Mar 22, 2017
that the finding is clearly wrong or manifestly erroneous. … In the instant case, the Itelds sought the expert opinion of Michael Indest, a paralegal and two-week law student at the time of trial, who was qualified as an expert in real estate rules and regulations, real estate standard
Cited 2 timesPublished655 So. 2d 500 · Louisiana Court of Appeal · May 5, 1995
In regard to the establishment of such a prima facie case, the Supreme Court stated the following: To establish such a case, the defendant first must show that he is a member of a cognizable racial group and that the prosecutor … Based on this testimony, defense counsel subsequently admitted that McGuire's hospital statement that he shot a man was clearly irrelevant.
Cited 17 timesPublishedMickey Atkinson v. Lammico Ins. Co.
Louisiana Court of Appeal · May 4, 2011
All other tort liability by a qualified health care provider is subject to the general law of torts. Id. … Young Both the MMA and the Coleman factors clearly contemplate that the conduct occurs within the context of a patient-physician relationship.
Cited 0 timesUnknownShauna Rayburn, Individually and on Behalf of Mordecai Rayburn v. State Farm Mutual Automobile
Louisiana Court of Appeal · Nov 10, 2021
While Sergeant Touchet is qualified in accident reconstruction, he was unsure if Idom was similarly qualified. … Tekell was qualified as an expert in accident reconstruction.
Cited 0 timesUnknownGalmiche v. State Farm Insurance Co.
923 So. 2d 756 · Louisiana Court of Appeal · Jan 11, 2006
The evidence establishes that the parish was short-handed with only one animal control officer on the payroll and he lived on the east bank of the parish. … As regards the relative liability of the hospital and the parish, clearly the hospital’s duty could have been fulfilled by a phone call.
Cited 0 timesPublishedCibilic v. Cox Operating, L.L.C.
249 So. 3d 323 · Louisiana Court of Appeal · Jun 6, 2018
that the fact finder is clearly wrong or manifestly erroneous." … Cox also calls into question the trial court's decision to qualify Dr. Ed Cake as an expert.
Cited 0 timesPublishedGuy Lecompte v. St. Tammany Parish School Board
Louisiana Court of Appeal · Apr 26, 2021
LeCompte alleged that "[ t] oxic mold and other contaminants located in [ the] Athletic [ Department] facility were ignored for years[,] resulting in [ him] contracting Mycotoxin toxicity seriously affecting his immune … The object of the claim is the recovery of workers' compensation indemnity and medical benefits, which is clearly a matter " arising out of' thethe WCA. See La. C.C.P. art. 2; La. R.S. 23: 1310. 3( F).
Cited 0 timesUnknownDurbin v. State Farm Fire and Cas. Co.
558 So. 2d 1257 · Louisiana Court of Appeal · Feb 21, 1990
An odd lot claimant need not be absolutely helpless to qualify for total disability. … The trial court's finding to the contrary is clearly wrong and is reversed.
Cited 8 timesPublished43 So. 2d 163 · Louisiana Court of Appeal · Nov 25, 1949
"We believe that the above remarks by the Court clearly indicate that the Court did not correctly construe relators claim. … (Emphasis ours) In order to maintain a writ of mandamus, it must be established that funds are available with which to pay the claim.
Cited 1 timesPublishedClaude Joseph Sanchez, Jr., Et Ux. v. Jon Phillip Bladel
Louisiana Court of Appeal · Dec 7, 2011
broker, or a corporation, partnership, or limited liability company which has been granted a real estate license through a designated qualifying broker. … The record clearly supports an award of attorney fees pursuant to the UTPL.
Cited 0 timesUnknownPalmer v. Hamp's Construction, L.L.C.
204 So. 3d 1124 · Louisiana Court of Appeal · Nov 30, 2016
Subcontractor agrees to coordinate its work properly with other Subcontractors and the Contractor, and maintain a qualified and capable job site supervisor in attendance at all times when work is in progress. … In reviewing a peremptory exception of prescription, this Court should not disturb the findings of the trial court unless they are clearly wrong. Brumfield v.
Cited 1 timesPublished730 So. 2d 958 · Louisiana Court of Appeal · Dec 28, 1998
that the finding is clearly wrong (manifestly erroneous). … The record clearly indicates that Jackson was being pursued for more serious offenses.
Cited 5 timesPublishedState of Louisiana v. D'Mycal Lmontay Turner
Louisiana Court of Appeal · Apr 13, 2022
The fourth factor is whether expert or other testimony established that the amount of drug found in the defendant’s possession is inconsistent with personal use only. … qualified as an expert before.
Cited 0 timesUnknown
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