Case law

Gianechini v. City of New Orleans

410 So. 2d 292 · Louisiana Court of Appeal · Feb 9, 1982

Accordingly, we conclude that Turner clearly falls within the provisions of LSA-R.S. 37:1732(A) and (C), and we find no merit to plaintiffs' argument based on statutory vagueness. … Evidence that proper CPR was performed in the restaurant and that Gianechini arrived at Charity Hospital with brain damage does not establish that Turner did not administer proper CPR or that his treatment in the ambulance

Danos Tree Serv., LLC v. Proride Trailers, LLC

255 So. 3d 1078 · Louisiana Court of Appeal · Jul 10, 2018

ASSIGNMENTS OF ERROR Appellants assign the following as error: (1) The trial court was clearly wrong in granting summary judgment in this matter. (2) The trial court was clearly wrong in ruling that Jason Jarreau was liable … When the defendant intends in good faith to deny only a part of or to qualify an allegation of fact, he shall admit so much of it as is true and material and shall deny or qualify the remainder. (Emphasis added).

Opinion Number

Louisiana Attorney General Reports · Oct 21, 1992

Manufacturing and Nan Ya Plastics qualify as new manufacturing establishments for the exemption of ad valorem taxes under Article VII , Section 21 (F) of the Louisiana Constitution of 1974. … Further, in order for a facility to qualify for tax exempt status under Section 21(F), it must either be a new "manufacturing establishment" or and "addition" to an existing manufacturing establishment, as those terms are

Decou-Snowton v. Jefferson Parish

District Court, E.D. Louisiana · Sep 15, 2022

Qualified Immunity Where a public official invokes qualified immunity as a defense to a civil action against him, a plaintiff has the burden of establishing a constitutional violation … In response to the affirmative defense of qualified immunity, the Court stated that it was “premature” to issue a ruling on the merits of the issue, allowing Plaintiff to conduct discovery on the issue of qualified immunity

Brown v. ANA Ins. Group

994 So. 2d 1265 · Supreme Court of Louisiana · Oct 14, 2008

The Commissioner also asserted the defense of statutory immunity pursuant to La. R.S. 9:2798.1. … Clearly, the reason that no forfeiture order was entered was because there was perceived to be no assets that would be subject to forfeiture.

Simon v. Smith

470 So. 2d 941 · Louisiana Court of Appeal · May 15, 1985

Buckley failed to report the existence of a foreign body although the x-ray clearly showed the radiopaque strip on the pad. … The contention is that the policy behind the "Captain of the Ship" doctrine are no longer valid since hospitals have lost the protection of charitable immunity.

Abundance Square Associates, L.P. v. Williams

2010 La.App. 4 Cir. 0324 · Louisiana Court of Appeal · Mar 23, 2011

“Exemptions from taxation are strictly construed, an exemption being an exceptional privilege which must be clearly and unequivocably and affirmatively estab *264 lished.” Holley v. … The Louisiana Constitution of 1845 provided that a university was to be established in New Orleans named the University of Louisiana.

State v. Taylor

2013 La.App. 4 Cir. 0265 · Louisiana Court of Appeal · Apr 29, 2015

The record establishes that, as a whole, defendant’s right to remain silent was “scrupulously honored” by Det. Ricks. … Son, defense counsel clearly questioned Dr. Son — over the objection of the State— about the CODIS qualifying offense being |! unauthorized entry of a place of business. Defense counsel'pointedly asked Dr.

Arnold v. Alvarado

District Court, E.D. Louisiana · Apr 12, 2024

Doc. 26-1 at p.9), but their memorandum simply parrots the legal standard for qualified immunity. … Defendants were or should have been on notice that the right of access to the courts was a clearly established right and that a cover-up would violate that right.

Annique Johnson v. State Farm Mutual Automobile Insurance Company

Louisiana Court of Appeal · May 2, 2018

Thus, they did not qualify as “third persons” because they were not legally liable to pay the employee damages because of his work-related automobile accident. … State Farm 5 is clearly entitled to judgment as a matter of law in this matter.

State v. Mitchell

476 So. 2d 825 · Louisiana Court of Appeal · Sep 16, 1985

As indicated above, the competency of an expert witness is a question of fact within the sound discretion of the trial court, and its ruling will not be disturbed unless clearly wrong. State v. … Statute 15:466, the test of the competency of an expert is his knowledge of the subject about which he is called upon to express an opinion; before any witness can give evidence as an expert, his competency must have been established

Blakeney v. Tidewater Compression Service, Inc.

463 So. 2d 914 · Louisiana Court of Appeal · Jan 23, 1985

We find this factual determination clearly wrong. We find the preponderance of evidence establishes Blakeney was injured by the negligence of Tidewater. … CLEO BLAKENEY and THE HOME INSURANCE COMPANY are entitled to $ 0. [2] Tidewater has not established immunity under the compensation act and does not argue this defense in brief.

Sabrina Richardson v. New Orleans Police Department

Louisiana Court of Appeal · Mar 31, 2025

To establish a prima facie case of sex discrimination, Richardson needed to show (1) she is a member of a protected class; (2) she was qualified for her 5 position; (3) she suffered … She was qualified for the position of probationary Police Captain based on her years of experience at NOPD and her previous position as Police Lieutenant.

State ex rel. Samuel Smith & Co. v. Dubuclet

23 La. Ann. 267 · Supreme Court of Louisiana · Mar 15, 1871

It is established clearly that through the fraud and knavery of Isaacs, practiced upon the Auditor, he, through error, issued the warrant upon State bond interest coupons proved to be spurious and forged instruments. … Three of them-relate to evidence introduced by the defendant to establish-the spurious character of the interest coupons.

Evans v. Louisiana Patient's Compensation Fund

2002 La.App. 4 Cir. 0538 · Louisiana Court of Appeal · Feb 25, 2004

The thrust of our jurisprudence and statutory scheme clearly establishes that if a health care provider posts the required bond to be self-insured and pays the surcharge 4 required by the PCF, the health care provider becomes … Clearly, for there to be coverage, the surcharge must be paid before the alleged tort occurs. In Abate v.

Dustin v. DHCI Home Health Services, Inc.

673 So. 2d 356 · Louisiana Court of Appeal · May 10, 1996

Plaintiff had not been informed that the patient was infected with HIV and suffered from Acquired Immune Deficiency Syndrome (hereinafter referred to as "AIDS"). … The record clearly shows that plaintiff was a student and therefore did not render services to DHCI in anticipation of compensation.

Breland v. Schilling

550 So. 2d 609 · Supreme Court of Louisiana · Oct 23, 1989

Betts, supra , a practical joke led to consequences which were clearly not intended by the insured. [5] The injured employee sued the co-employee in tort relying upon the intentional act exception to co-workers' tort immunity … The majority opinion convincingly establishes that the exclusion should be applied only to bodily injury which the insured subjectively intended or expected from his conduct, and not to bodily injury which merely resulted

Grant v. Allstate Ins. Co.

696 So. 2d 275 · Louisiana Court of Appeal · Jun 4, 1997

court, and (2) the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). … Jewell, who was qualified as an expert in forest pathology, that the tree had been dead for at least three years prior to the accident, maybe longer. Mr.

Peterson v. Parish of Jefferson

95 La.App. 5 Cir. 711 · Louisiana Court of Appeal · Feb 27, 1996

Thus, we conclude that the plaintiff, as the person who paid the bill in question, is a qualified witness within the meaning of article 803(6). … Additionally, a bill is clearly a document that is produced in the ordinary course of business.

Coastal Cargo Company LLC v. Board of Commissioners of the Port of New Orleans

Louisiana Court of Appeal · Feb 8, 2024

A state agency does not have that same immunity though. See La. R.S. 13:5105(B). … Article VI, Section 43, Part IV, clearly did not have the purpose of giving deep water ports a status of something other than a political subdivision of the State of Louisiana.