Case law

State v. Fabre

525 So. 2d 1222 · Louisiana Court of Appeal · May 17, 1988

In that opinion, the court clearly set forth its intention to accept a plea that was "unqualified" strictly from the standpoint of State v. Crosby, supra . … However, a court is not prohibited from accepting a guilty plea that is so qualified.

Pappas v. Marine Spill Response Corp.

94 La.App. 3 Cir. 879 · Louisiana Court of Appeal · Feb 15, 1995

Insofar as in this case Pappas was under his employer’s supervision, Templet is clearly distinguished. . … The evidence clearly established that Mr. Pappas did not initiate, nor did he participate, in a dispute with the patron who struck him. The employer has failed to establish that the injury arose out of a dispute.

Sartin v. LSU/Bogalusa Medical Center

2007 La.App. 1 Cir. 1367 · Louisiana Court of Appeal · Feb 8, 2008

Sartin did not establish a basis for reinstatement of benefits. … The medical record here is not sufficient alone to establish a continued disability or inability to work, and the WCJ clearly did not accept the claimant's allegations on that issue.

White System of New Orleans, Inc. v. Hall

45 So. 2d 649 · Louisiana Court of Appeal · Apr 10, 1950

The court permitted the defense to prevail, decreeing that plaintiff was not a holder in due course, saying: *654 “We think it is clearly established by the jurisprudence of this State that the transferee of a negotiable … The Swain, Emmons, and Carruth cases are clearly distinguishable from Citizens Loan Corp. v. Robbins, supra, and are not authority for the holding in said case.

Faul v. Trahan

718 So. 2d 1081 · Louisiana Court of Appeal · Oct 7, 1998

None of the Defendants was guilty of wilful or wanton negligence so as to establish liability under La.R.S. 9:2795.1. 4.) … La.R.S. 9:2795.1, the Equine Immunity Statute, provides tort immunity for "equine activity sponsors" and "equine professionals" as follows: A.

Abney v. Exxon Corp.

755 So. 2d 283 · Louisiana Court of Appeal · Sep 24, 1999

The appellate court determines that the record establishes that the finding is clearly wrong (manifestly erroneous). Stobart v. State, Department of Transportation and Development, 617 So.2d 880, 882 (La.1993). … Thus, once an intentional act is established, the plaintiff is entitled to exemplary damages as provided by law if sufficiently proven.

Landiak v. Richmond

900 So. 2d 191 · Louisiana Court of Appeal · Mar 23, 2005

Richmond clearly and expressly declared his intent for 4809 Eastview Drive to be his established domicile. Mr. … Where Dixon is clearly distinguishable from the facts sub judice is that the evidence did not prove that Hughes maintained more than one residence and therefore, domicile was established in the district where she resided.

Jon Mark Crouch, Sr. v. Steven Michael Collier & Jill Sessions

Louisiana Court of Appeal · Aug 13, 2024

When the qualifications for an office include a domicile requirement, the candidate shall meet the established length of domicile as of the date of qualifying. La. … that the fact finder is clearly wrong or manifestly erroneous.

Isadore v. Probe Offshore, LLC

815 So. 2d 876 · Louisiana Court of Appeal · Dec 19, 2001

Isadore argues that it was clearly wrong for the trial court to ignore a contract, which makes specific reference to the Plant Site, in favor of two other contracts which make no reference to it. … Lindsey's statement, indicating that only the surface lease dealt with the land where the accident occurred, was clearly wrong.

State v. Young

576 So. 2d 1048 · Louisiana Court of Appeal · Mar 5, 1991

The victim might have given the perpetrator $20.00, but this fact was never positively established. … Clearly, the statement was offered to prove that Richardson did want a line-up.

Filmore Parc Apartments II v. Norman White, Chief Financial Officer and Director of Finance, City of New Orleans; Erroll Williams, Assessor, Orleans Parish; And the Chairman, Louisiana Tax Commission

Louisiana Court of Appeal · Feb 14, 2025

that a purely private entity can qualify for the constitutional exemption if the property and revenue are dedicated to a public purpose. … Here the facts clearly establish that Filmore solely and exclusively has provided the public service of affordable housing since 1995 when the property was acquired by Mirabeau Family Learning Center, Inc., a nonprofit

Hill v. Brentwood Hospital, Inc.

480 So. 2d 875 · Louisiana Court of Appeal · Dec 4, 1985

Seiden could be established? … (2) Was the trial court clearly wrong in deciding that the petition failed to state a cause of action for an intentional tort and ruling that the complaint falls within the medical malpractice law?

Wayne v. Capital Area Legal Services Corp.

108 So. 3d 103 · Louisiana Court of Appeal · Sep 26, 2012

We reasoned that the fact that Community Advancement, Inc. was organized under the legal mechanics of a private non-profit corporation law of Louisiana should not immunize it from the Open Meetings Law. … Additionally, CALSC’s summary judgment evidence established that it receives money from the State’s Elderly Protective Services Program, pursuant to a contract to provide legal services to qualified elderly persons, and also

Remet v. Martin

705 So. 2d 1132 · Louisiana Court of Appeal · Dec 10, 1997

The hospital clearly lacked the control and supervision over the radiologists that River Oaks exerted over Ms. Martin. … responsibility is established for the qualified health care provider, then the annual premium surcharge under R.S. 40:1299.44 must be paid.

Pattan v. Fields

669 So. 2d 1233 · Louisiana Court of Appeal · Sep 26, 1995

Further, a change in domicile for the purposes of qualifying for public office occurs when there is a change in actual residence accompanied by an intention to make a new principal establishment or home. … that the finding is clearly wrong.

Bradbury v. Thomas

757 So. 2d 666 · Louisiana Court of Appeal · Sep 24, 1999

The plaintiffs clearly established by a preponderance of the evidence that Dr. Thomas breached the applicable standard of care in the delivery of baby Richard. This assignment of error is without merit. … Not only does the record clearly support the imposition of liability to Dr.

Graham v. Prevost

2015 La.App. 4 Cir. 1033 · Louisiana Court of Appeal · Sep 29, 2015

The issue before us is thus, whether she was actually domiciléd in' District 99 for one year prior to qualifying. At trial, the Grahams introduced, the following evidence to establish that Ms. … On the record before us, we find that conclusion is neither manifestly erroneous or clearly wrong.

McKinney v. Greene

379 So. 2d 69 · Louisiana Court of Appeal · Mar 21, 1980

The evidence, which included a report from a physician who examined Robert shortly thereafter, clearly established that he had suffered no physical harm as a result of it. … We do not believe that a teacher's use of his foot to make contact with a student automatically places him outside the scope of his limited immunity.

BD. OF EXAMINERS OF CERTIFIED SHORTHAND REPORTERS EX REL. JUGE v. Neyrey

542 So. 2d 56 · Louisiana Court of Appeal · Mar 30, 1989

The Board has authority to determine the qualifications of shorthand reporting, make rules for examination of applicants, and issue certified shorthand reporter certificates to qualified individuals. LSA-R.S. 37:2554. … Therefore, the Board itself is immune from suit under Section 1983. However, the individual members of the Board are not immune from suit under this section.

Pitre v. AL JOHNSON CONST. CO.

94 La.App. 3 Cir. 290 · Louisiana Court of Appeal · Dec 20, 1994

We do not believe Pitre was being unreasonable in requesting a qualified therapist. … Penalties & Attorney Fees LIGA claims it is immune from penalties and attorney fees. La.R.S. 23:1201(E) and La.R.S. 23:1201.2 are punitive in nature and require strict construction.