Case law

Garner 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.

Trosclair v. Joseph

14 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.

Louisiana 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

Brent J. Menard v. Louisiana Department of Health & Hospitals

Louisiana Court of Appeal · Apr 4, 2012

Poirrier negligently suspended his license and are not entitled to the benefit of quasi-judicial or qualified immunity. Mr. … Poirrier and the DHH were not immune from liability, the doctrine of qualified immunity shields them from liability. Qualified immunity protects government officials performing discretionary functions. McManus v.

Roy 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".

McCurdy v. Ault

654 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.

Eskine 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.

Pennington 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.

Bunge Corp. v. Secretary of Dept. of Rev.

419 So. 2d 1288 · Louisiana Court of Appeal · Aug 30, 1982

Domingue, 365 So.2d 1330 *1291 (La.1978), the Supreme Court clearly stated that there must be ... a reasonable factual basis for the finding in the trial court; there must be a further determination that the record establishes … that the finding is not clearly wrong (manifestly erroneous).

Moody v. United Nat. Ins. Co.

657 So. 2d 236 · Louisiana Court of Appeal · May 10, 1995

The defendants tendered this amount as the doctor's maximum liability to the Moodys, asserting that the tender established Dr. … The court found that the statute violated Louisiana's constitutional prohibition against sovereign immunity.

Jones v. Wesley

424 So. 2d 1109 · Louisiana Court of Appeal · Dec 21, 1982

Defendant pleaded qualified privilege as an affirmative defense. … "It is well established that if the alleged defamatory remark is accusation of the commission of a crime, the remark is defamatory per se, and falsity and malice are presumed.

Dumas v. Angus Chemical Co.

729 So. 2d 624 · Louisiana Court of Appeal · Jan 13, 1999

R.S. 9:2771 provides immunity to Grinnell. PSC argues that Grinnell is not immune from liability on two grounds. First, PSC asserts that La. … R.S. 9:2771 immunizes contractors who construct work according to plans or specifications furnished to him.

Veazey v. State Farm Mut. Auto Ins.

587 So. 2d 5 · Louisiana Court of Appeal · Aug 7, 1991

Before an appellate court can disturb a quantum award, the record must clearly reveal that the trier of fact abused its discretion in making the award. … With reference to point one, the record establishes that plaintiff was at least qualified to do minimum wage work, even if only as a car-hop at a drive-in fast food place.

Dilly v. East Feliciana Parish

6 So. 2d 699 · Louisiana Court of Appeal · Mar 17, 1942

It is claimed that the act is discriminatory and amounts to class legislation because the official printer is required to be a qualified elector of the parish and be the editor or owner of an established newspaper published … Any elector who is the editor or owner of an established newspaper actually published and printed in a plant located in the parish would be qualified.

Coastal Drilling Co. v. Dufrene

2014 La.App. 1 Cir. 0960 · Louisiana Court of Appeal · Jun 5, 2015

Thus, tax exemptions are strictly construed in favor of. the State and must be clearly and unequivocally and affirmatively established by the- taxpayer. Harrah’s Bossier City Investment Company, LLC v. … expressly and clearly conferred in plain terms.”

Craig v. Sepulvado

709 So. 2d 229 · Louisiana Court of Appeal · Feb 18, 1998

Secondly, we note the inapplicability of the recreational immunity statutes. In Monteville v. Terrebonne Parish Consol. … The factual circumstances of this case, as reflected in the record, clearly contradict the defendants' assertion that Sepulvado is protected by La.R.S. 9:2795, et seq.

State v. Dorsey

763 So. 2d 21 · Louisiana Court of Appeal · Apr 19, 2000

He said he and defendant went to Victoria Dorsey's residence, and to City Hall to pick up some immunization papers. … Officer Joseph testified that he did not view the activity as suspicious, but as establishing probable cause to arrest.

Stewart v. Office of Student Financial Assistance

98 La.App. 1 Cir. 2057 · Louisiana Court of Appeal · Nov 5, 1999

In so contending, OSFA suggests that Human Resource Director Margaret Webb’s testimony 3 establishes that the Customer Services Division Director position was one for which Stewart was not qualified. … However, we cannot lflsay the Commission’s factual determination is clearly wrong on this point.

Cavignac v. Bayham

869 So. 2d 159 · Louisiana Court of Appeal · Feb 17, 2004

Bernard Parish for at least two (2) years immediately preceding the time established by law for qualifying for office. [Emphasis added.] Concerning judicial candidates, La. Const. Art. … Bayham qualified.

Henry v. City of Monroe

349 So. 2d 1006 · Louisiana Court of Appeal · Aug 29, 1977

The trial court found the evidence established a B-3 zoning classification for the tract was no longer appropriate. … also found there were cogent reasons against rezoning only plaintiff’s portion of this large tract into a single family residential classification, and the council’s action in refusing to rezone only this part was not so clearly