Case law

Cole Oil & Tire Co., Inc. v. Davis

567 So. 2d 122 · Louisiana Court of Appeal · Aug 22, 1990

Boss Oil's invoices, Cole's testimony regarding them, and portions of the Cole Oil statement clearly were hearsay or were founded on hearsay. … Cole simply was not the qualified witness that is necessary to establish the C.E. 803(6) business records exclusion in these respects: Boss Oil invoices.

Larkins v. Cage Contractors, Inc.

580 So. 2d 1068 · Louisiana Court of Appeal · May 30, 1991

Although plaintiffs are correct in saying that there is no requirement in Louisiana that a qualified acceptance be reduced to writing, plaintiffs still must prove that their acceptance, oral or written, is a qualified acceptance … Our review of the record establishes that the findings on the law and evidence which were adopted by the trial court are not clearly wrong and we conclude that there was no manifest error in this determination.

Tompkins v. Kenner Police Dept.

402 So. 2d 276 · Louisiana Court of Appeal · Jul 21, 1981

Once sovereign immunity was abolished by statute the extension of liability on ordinary principles of tort law logically followed. … These facts clearly establish a sufficient closeness in both proximity and time as to create a one-to-one relationship between the officer and the injured party, and the officer's failure to act properly under these facts

State Ex Rel. Guste v. Audubon Park Commission

320 So. 2d 291 · Louisiana Court of Appeal · Oct 9, 1975

Orleans which act provided for the repeal of any laws in conflict with it and clearly establishes that whatever may be the status of the Valentine Merz Memorial Zoo situated on 10.4 acres of Audubon Park that the Audubon … established by the act.

Heirs of Primeaux v. Erath Sugar Co., Ltd.

484 So. 2d 717 · Louisiana Court of Appeal · Feb 20, 1986

The conditions clearly do not involve a buying back and, therefore, cannot be construed as a right of redemption. … A reading of the entire instrument in question clearly reflects that the parties intended to establish a conventional predial servitude containing a resolutory condition with an expressed reversionary clause.

Crowe v. La., LLC

241 So. 3d 328 · Louisiana Court of Appeal · Feb 17, 2017

R.S. 47:301(10)(u) clearly and unambiguously excludes from local taxation the sales of tangible property made "under the provisions of Medicare"; and La. … The Sheriff established that Bio-Medical was unable to produce evidence from which to calculate the value of sales excluded from local taxation under La.

Delcambre v. Blood Systems, Inc.

866 So. 2d 352 · Louisiana Court of Appeal · Feb 4, 2004

Thus, under La.R.S. 40:1299.41(A)(1), BSI is a qualified healthcare provider and any claims for malpractice would be governed by the MMA. … establishes that Mr.

Miller v. Bossier

940 So. 2d 54 · Louisiana Court of Appeal · Sep 20, 2006

He opined that the Millers' motion and affidavits clearly established damages that would exceed $400,000 for two persons who lost their lives due to the malpractice of Schumpert. … committed by qualified health care providers.

Pelitire v. Rinker

270 So. 3d 817 · Louisiana Court of Appeal · Apr 17, 2019

that she would be able to prove all of the necessary elements to establish her claim. … Next, the testimony of the parties establishes that Pelitire met Rinker prior to his employment with FELC.

Guillot v. Doughty

2013 La.App. 1 Cir. 1348 · Louisiana Court of Appeal · Mar 21, 2014

Campbell’s office, notifying her that she qualified to be seen as a patient. She went to see Dr. … that the trial court was clearly wrong.

Grayson v. RB Ammon and Associates, Inc.

778 So. 2d 1 · Louisiana Court of Appeal · Nov 3, 2000

Thus, while this court in Green did not specifically set forth the burden of proof required to establish the existence of a single business enterprise, we clearly associated the "single business enterprise" theory with the … including immunity as provided by LSA-R.S. 23:1032 of the workers' compensation law.

Celcog, L.L.C. dba Strawn's Eat Shop Too, Monjuni's of Portico, Inc., Air U Shreveport, LLC, The Brain Train, LLC, and Bearing Service & Supply, Inc. v. Adrian Perkins, in his Official Capacity as Mayor of the City of Shreveport, Louisiana

Louisiana Court of Appeal · May 18, 2022

Here, as in Hughes, Businesses’ petition clearly contains material facts sufficient to support a demand for recovery under § 1983. … Supreme Court established in Hensley v. Eckerhart, 461 U.S. 424, 103 S. Ct. 1933, 76 L.

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.

Smith v. Warren

253 So. 3d 260 · Louisiana Court of Appeal · Aug 6, 2018

Warren was not domiciled within District 6 and therefore not qualified to run for the school board seat for that district. … R.S. 18:492(A)(1), failure to qualify for the primary election in the manner prescribed by law, she did allege that Ms.

Wilson v. Virgademo

258 So. 2d 572 · Louisiana Court of Appeal · Feb 7, 1972

This is clearly seen in the much-cited case of Boutte v. … II § 669 at page 790: "* * * a bystander, listening to A's conversation with B at the telephone, is qualified to report A's utterances heard by him, but in strictness is not qualified to report B's utterances as repeated

Iteld v. Four Corners Construction L.P.

2012 La.App. 4 Cir. 1504 · Louisiana Court of Appeal · Jun 5, 2013

point is not clearly wrong and is reasonable. … The district court agreed with Four Corner’s objection and ruled accordingly: So I don’t believe that he is qualified to interpret a contract. He’s not a lawyer. And, so I’m not going to qualify him as a lawyer.

Conner v. American Marine Corp.

96 La.App. 4 Cir. 2175 · Louisiana Court of Appeal · Nov 27, 1996

This court has held that six months is a considerable period of time for purposes of establishing borrowed employee status. Hall, supra. … RIGHT TO DISCHARGE EMPLOYEE Clearly, American Marine had the right to discharge the plaintiff.

Hebert v. Richard

10 La.App. 3 Cir. 1417 · Louisiana Court of Appeal · Jul 6, 2011

Employment Status/Tort Immunity The trial court found that Mr. … In Perry, however, while the father ran both companies, we made it clear that each company “maintained separate equipment” and that the injured son “clearly acquiesced” in the exchange of services.

Colgate v. Mughal Bros., Inc.

836 So. 2d 1229 · Louisiana Court of Appeal · Jan 29, 2003

R.S. 9:2800.1 does not immunize the bar owner from liability; however, neither is that bar owner absolutely liable. Berg, 786 So.2d at 714 . … Nevertheless, I can agree that causation was not established in this case. Sandage left the defendant's club and drove without incident to another establishment where alcohol was also accessible.

Kelly v. West Cash & Carry Bldg. Materials

99 La.App. 4 Cir. 0102 · Louisiana Court of Appeal · Oct 20, 1999

The jurisprudence establishes that communications between appropriate persons within the employer's walls, concerning allegations of conduct by an employee that bears on the employer's interest, are subject to the qualified … These communications are clearly privileged. Mr. Knight further testified that when the police came they talked to him, to Gary Heflin, and to the plaintiff.