Case law
Opinions from 1658 to today.
8,141 results
2.38s
12 La.App. 3 Cir. 870 · Louisiana Court of Appeal · Feb 6, 2013
Therefore, to reverse a trial court’s determination of fact, 1) no reasonable factual basis must exist for the fact finder’s conclusions, and 2) the record must establish the fact finder is clearly wrong or manifestly erroneous … It was within the trial court’s discretion to rule that Lock was qualified to render expert testimony in his field of accident reconstruction. This was not clearly erroneous.
Cited 5 timesPublishedBurleigh v. South Louisiana Contractors
525 So. 2d 87 · Louisiana Court of Appeal · Mar 2, 1988
On this appeal Burleigh, arguing that the motion for summary judgment was improperly granted, presents two issues: (1) has Louisiana Land proffered sufficient facts to qualify as a statutory employer under the "trade, business … In such a case the principal is immune from tort liability, worker's compensation being the contractors' employees' exclusive remedy.
Cited 4 timesPublished2011 La.App. 4 Cir. 0500 · Louisiana Court of Appeal · Nov 2, 2011
The Code of Civil Procedure indicates clearly the necessity of a writing under the circumstances. La. … Moreover, Article 4561 C(l) provides a trial court with a schedule of preferences when faced with more than one qualified candidate: The court shall consider the qualified persons in the following order of preference: (a)
Cited 6 timesPublishedPrice v. MEDICAL CENTER OF LOUISIANA
999 So. 2d 29 · Louisiana Court of Appeal · Nov 5, 2008
The defendants are unquestionably qualified health care providers working for a State facility and are clearly covered under the ambit of the LMMA. … The record establishes that Dr. Miguel Melgar was not named in the statutory request for review by a medical review panel.
Cited 1 timesPublishedJanise v. Acadian Ambulance Serv., Inc.
244 So. 3d 541 · Louisiana Court of Appeal · Apr 25, 2018
The defendants answered, responding, in pertinent part: "Defendant avers that, by statute, it is entitled to qualified immunity due to the use of the ambulance's lights and siren, and, therefore, may not be held liable in … It is well settled that an appellate court may not disturb a jury's finding of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous.
Cited 3 timesPublishedLouisiana Court of Appeal · Aug 13, 2021
Shields on the issue of immunity pursuant to La. R. … Louisiana courts have found the following activities qualify as emergency preparedness activities" under La. R.
Cited 0 timesUnknownAaron v. BANKERS AND SHIPPERS INS. CO. OF NY
475 So. 2d 379 · Louisiana Court of Appeal · Jun 25, 1985
A trial judge has much discretion in determining whether to qualify a witness as an expert and his judgment on such will not be disturbed by an appellate court unless it is clearly erroneous. Brown v. … The facts surrounding the testimony of the plaintiff's witness establish that the court did not abuse its discretion; its acceptance *383 of the witness as an expert was not clearly wrong.
Cited 18 timesPublishedLouisiana Board of Ethics v. Wilson
14 La.App. 3 Cir. 925 · Louisiana Court of Appeal · Sep 9, 2014
The qualifying period ended on August 22, and on August 29, the Board timely filed an objection to the candidacy of Mr. … The appellate court must find from the record (1) that a reasonable factual basis does not exist for the finding of the trial court and (2) that the record establishes that the finding is clearly wrong (manifestly erroneous
Cited 5 timesPublishedGarner v. AVOYELLES SHERIFF'S DEPT.
511 So. 2d 8 · Louisiana Court of Appeal · Jun 26, 1987
immunity. … In this case, defendants have not established that there are no genuine issues of fact and that they are entitled to judgment as a matter of law.
Cited 4 timesPublished14 La.App. 5 Cir. 675 · Louisiana Court of Appeal · Sep 9, 2014
Accepting at a bare minimum that the printout established that at some point in time Ms. … Clearly, by her written declaration on her Notice of Candidacy, Ms. Joseph has | .¡expressed her written intent to be affiliated with the Democratic Party, and to run as a Democrat.
Cited 16 timesPublishedBarber v. Willis Commc'ns, Inc.
241 So. 3d 471 · Louisiana Court of Appeal · Dec 29, 2017
the assertion of the conditional or qualified privilege is to rebut the plaintiff's allegations of malice or fault, and to place the burden of proof on the plaintiff to establish abuse of the privilege. … Barber argues, however, that Willis has no proof to substantiate the charge, other than statements by Horning, "who clearly has an axe to grind with the plaintiff."
Cited 2 timesPublishedLouisiana Court of Appeal · Jan 15, 2021
Wang granted broad immunity to Ochsner and agreed not to sue for any actions taken by Ochsner towards him; Dr. Boudreaux pointed out that Dr. … Wang in submitting his 2015 re-application clearly states that by re-applying for clinical privileges, he extended absolute immunity to 9 Ochsner, agreed not to sue, and released
Cited 0 timesPublished389 So. 2d 405 · Louisiana Court of Appeal · Sep 22, 1980
Further elaborating, the court in Roy commented: "It is also a well established rule in general tort law that a teacher is immune from civil liability for physical corporal punishment, reasonable in degree, administered to … Since this is a factual question and our review of the record does not show that the trial judge was clearly wrong in his conclusion, we must accept that ruling.
Cited 1 timesPublishedPennington v. Ochsner Clinic Found.
245 So. 3d 58 · Louisiana Court of Appeal · Apr 25, 2018
Frangipane, as a general surgeon, clearly does not practice in the precise medical fields of the various defendants, he nevertheless was qualified to testify in this case. … Case law clearly allows for physicians to testify in fields other than their own, when there is sufficient knowledge of the requisite subject matter. In Soteropulos v. Schmidt , 556 So.2d 276 (La.
Cited 5 timesPublished499 So. 2d 1198 · Louisiana Court of Appeal · Dec 8, 1986
instrumentality shall be encouraged and permitted to exercise its discretion in the treatment, training, supervision, and discipline of the child in order that the child may derive the maximum benefit from experience and qualified … of the original laudable purpose of juvenile courts, studies and critiques in recent years raise serious questions as to whether actual performance measures well enough against theoretical purpose to make tolerable the immunity
Cited 6 timesPublishedRoy v. Continental Insurance Company
313 So. 2d 349 · Louisiana Court of Appeal · Sep 12, 1975
It is also a well established rule in general tort law that a teacher is immune from civil liability for physical corporal punishment, reasonable in degree, administered to a student. … The bruises sustained on the posterior of the plaintiff's son are clearly indicative of what this Court would expect from being struck with the aforementioned "paddle".
Cited 13 timesPublished2014 La.App. 4 Cir. 0957 · Louisiana Court of Appeal · Sep 9, 2014
Thus, clearly, the documentary evidence did not establish that Mr. Landrieu had not taken any one of those three courses of action. If Mr. … The burden of establishing an outstanding late fee as of the time of qualifying is hardly burdensome because the Supervisory Committee on Campaign Finance Disclosure itself “shall bring or join in an action objecting to the
Cited 2 timesPublished417 So. 2d 1192 · Louisiana Court of Appeal · Jun 29, 1982
The pleadings establish a third party demand with adversity and real substantive issues involved. … Otherwise, it was protected by tort immunity. LSA-R.S. 23:1032. Accordingly, the trial court erred in the allocation of peremptory challenges.
Cited 12 timesPublished654 So. 2d 716 · Louisiana Court of Appeal · Apr 7, 1995
Finn was a qualified chiropractor at the time of trial, the record clearly reveals that he was not a licensed chiropractor at the time of McCurdy’s treatment by the defendants. Additionally, Dr. … is clearly wrong.
Cited 1 timesPublishedEskine v. Regional Transit Authority
531 So. 2d 1159 · Louisiana Court of Appeal · Sep 16, 1988
Evidence and testimony at trial establishes that Eskine suffered less than five percent permanent disability. … The employer paid worker's compensation benefits to the employee and was therefore immune.
Cited 13 timesPublished
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