Case law

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.

Hudson v. Progressive SEC. Ins. Co.

950 So. 2d 817 · Louisiana Court of Appeal · Nov 3, 2006

After reviewing the record de novo, we conclude the evidence establishes the existence of a genuine issue of material fact in this case. … Hansen clearly were not within the course and scope of their employment for IBS at the time of the accident.

Washington v. Lopinto

District Court, E.D. Louisiana · Aug 2, 2021

immunity.70 Pursuant to Schultea, this reply “must be tailored to the assertion of qualified immunity and fairly engage its allegations.”71 Accordingly, considering this precedent, the Court will deny the motion to dismiss … grant Plaintiff leave to amend the Complaint to allege facts “tailored to an answer pleading the defense of qualified immunity.”72 3.

639 Julia Street Partners v. City of New Orleans

2002 La.App. 4 Cir. 0777 · Louisiana Court of Appeal · Nov 13, 2002

by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person’s identity is not known or reasonably ascertainable. … Moreover, since the amendment resulted in changing the amount of damages recoverable, the change was clearly substantive. Socorro v. City of New Orleans, 579 So.2d 931, 944 (La.1991).

Davis v. Martel

790 So. 2d 767 · Louisiana Court of Appeal · Jul 18, 2001

In Daubert , the Supreme Court stated, "in order to qualify as `scientific knowledge,' an inference or assertion must be derived by the scientific method. … Reyes' testimony and Davis' medical records which clearly establish Davis' injuries resulted from the accident. Dr.

State v. Ward

314 So. 2d 383 · Louisiana Court of Appeal · Sep 25, 1975

SOVEREIGN IMMUNITY The trial court overruled the exception filed by the State based on sovereign immunity. The basis of the holding was that the State Legislature waived this immunity by adopting Resolution 455 of 1971. … The evidence establishes that the tract has been run as a game refuge since the Act of Donation was passed.

Gayden v. George

513 So. 2d 515 · Louisiana Court of Appeal · Sep 23, 1987

For these reasons, defendants contend the jury verdict in their favor is not clearly wrong. … This factual finding was inherent in the jury's conclusion that the plaintiff failed to establish by a preponderance of the evidence that there was any negligence established on the part of McDonald's Restaurant that was

State v. Dyson

17 La.App. 3 Cir. 21 · Louisiana Court of Appeal · May 17, 2017

Despite Defendant’s assertion that tattoos were clearly discernible in the photographic lineup, the lineup photograph does not clearly show tattoos on Defendant’s face or neck. … be qualified as an expert.

State v. Varnado

208 La. 319 · Supreme Court of Louisiana · Dec 11, 1944

peoples against the abuses of the sovereign, and this right has been regarded for centuries as one of the most important securities to the innocent against hasty, malicious, and oppressive prosecutions, as well as one of the immunities … from allegations of the indictment alone, it being sufficient if such identity can be established .by competent extrinsic proof,” (citing as authority Bartell v.

Malone v. Tubbs

825 So. 2d 585 · Louisiana Court of Appeal · Sep 6, 2002

Although the trial court did not make a specific finding on the length of time elapsing since Shyne and Simmons had completed serving their original sentences, the evidence clearly showed that 15 years had not elapsed in … While we agree that the amendment to Article I, Section 10, is substantive, it clearly was intended to apply to all convicted felons attempting to qualify for public office after the effective date of the amendment.

State v. Short

368 So. 2d 1078 · Supreme Court of Louisiana · Mar 5, 1979

Community standards are clearly relevant to an obscenity conviction. La. … This qualified him only to testify about the practices of these establishments—not to give his opinions about community attitudes in general.

Kerr v. Smith Petroleum Co.

889 F. Supp. 892 · District Court, E.D. Louisiana · Jun 14, 1995

Under these facts, Grasso qualifies as plaintiffs statutory employer and is immune from liability under LSA-R.S. 23:1032(A)(1)(a) 8 and 23:1061 9 and the “classic ‘two-contract’ defense which has been approved” by several … Thus, it is entitled to summary judgment as a matter of law on its defense of immunity from plaintiffs lawsuit. Fed.R.Civ.P. 56(c).

United States v. Brown

281 F. Supp. 31 · District Court, E.D. Louisiana · Feb 28, 1968

Clearly, in compiling a jury list, it is only a fair cross-section of qualified persons which must be sought. … by an even lesser percentage, is clearly an adequate source, particularly when it is considered that the trend is toward an increase in their representation as time goes on.

Meyer & Associates, Inc. v. Coushatta Tribe of Louisiana

185 So. 3d 222 · Louisiana Court of Appeal · Jan 27, 2016

This fact, coupled with the fact that WA#2 pulled tasks from Phase 3 back into Phase 2; and thereby kept the penalty provisions viable, clearly established genuine issues of material fact concerning the appropriateness of … The Tribe’s third assignment of error does not clearly articulate that the rulings on the motions for summary judgment were a part of this assignment of error, but its argument under that assignment of error clearly establishes

Lamkin v. Succession of Filhiol

123 La. 181 · Supreme Court of Louisiana · Mar 1, 1909

of the United States; that said children, as was also their deceased father, are citizens of the United States and of the state of Louisiana, and as such they are entitled to all the fundamental rights, privileges, and immunities … We did not find that there was fraud in the case, but under the evidence it' was established beyond doubt that the minors had been deprived of their property without due process of law in proceedings in which they had not

Opinion Number

Louisiana Attorney General Reports · Jun 7, 2010

XII, § 3, which provides, "[n]o person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law." … Thus, the analysis turns to whether the gathering qualifies as a "meeting" under the Open Meetings Law.

King v. Califano

484 F. Supp. 861 · District Court, M.D. Louisiana · Feb 20, 1980

(Tr. 7) The legal conclusion of the administrative agency was: “However, in order to establish entitlement to the benefits sought here, it is necessary to establish that Frank E. … (Tr. 7) The Social Security Act establishes a number of statutory presumptions of dependency.

Bulot v. Intracoastal Tubular Services, Inc.

2004 La.App. 4 Cir. 1376 · Louisiana Court of Appeal · Nov 3, 2004

Clearly, if his exposure was significant in 1968, it was of the same significance for each subsequent year, including the effective dates of La. Civ.Code art. 2315.3. … American Optical Corp., 98-0455 (La.9/8/99), 740 So.2d 1262 , where it considered the statutory amendment granting immunity to executive officers applied to wrongful death claims filed after the effective date of the amendment

State v. Kunzman

741 So. 2d 112 · Louisiana Court of Appeal · May 5, 1999

Moreover, the testimony of Deputy Steven Joe, the propriety of which is discussed infra, clearly establishes the dangerous nature of the weapon used against Brian. La. … The combination of Deputy Joe's specialized training, work experience and practical application of his knowledge supports the trial court's qualifying him as an expert witness and such qualification was clearly not an abuse

State v. Divers

793 So. 2d 308 · Louisiana Court of Appeal · Jun 22, 2001

Divers clearly established this criteria. Lastly, the argument overlooks the statistical evidence. … The state appears to argue that Divers failed to establish the actual number of African-Americans called to serve, and the number actually qualified to serve.