Case law

Ledet v. Burger King/Sydran

99 La.App. 3 Cir. 1380 · Louisiana Court of Appeal · Apr 26, 2000

La.R.S. 23:1208, the provision upon which the hearing officer relied, provides in pertinent part: § 1208 Misrepresentations concerning benefit payments; penalty; civil immunity A. … The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents. La. Const. art.

State v. Spradley

722 So. 2d 63 · Louisiana Court of Appeal · Nov 6, 1998

A continuous chain of custody need not be established if the evidence as a whole establishes more probably than not that the object introduced is the same as the object originally seized by police officers. State v. … However, the defendant was examined by two qualified medical doctors, one of whom was the Coroner for Iberville Parish.

Opinion Number

Louisiana Attorney General Reports · Jul 17, 1996

All such facilities shall comply with the standards and procedures established by or utilized in the State of Louisiana in its building and fire codes. . . ." … The district should also be aware that as a domestic dependant sovereign, the Tribe is largely immune from suit.

Maddox v. Steel

814 So. 2d 569 · Louisiana Court of Appeal · Sep 28, 2001

Only then must the non-moving party "submit evidence showing the existence of specific facts establishing a genuine issue of material fact." See Scott v. … R.S. 23:1061(A)(2) and determined: Denis Paul Juge in his Louisiana Workers' Compensation treatise explains this statute and the 1997 amendment [of R.S. 23:1061] as clearly providing for a statutory employer relationship

Micou v. Benjamin

26 La. Ann. 718 · Supreme Court of Louisiana · Nov 15, 1874

It is a right' inherent in the nation from the order and fitness of things, and which I can not clearly perceive how it can divest itself of. … He acquires, as the law declares, a good and valid title, and this must mean a title in fee, unless the qualifying *726 terms of the resolution limit it to a lifetime estate; and it clearly appears to me it does not in this

Jones v. Davis

233 So. 2d 310 · Louisiana Court of Appeal · May 25, 1970

The affidavits in opposition tend to establish malice on defendants' part. … It may be noted that the validity or constitutionality of a statute is presumed unless and until the contrary is clearly established. That has not been accomplished in this case.

Smith v. Flournoy

117 So. 2d 320 · Louisiana Court of Appeal · Dec 3, 1959

In view of the well established jurisprudence of our courts, which clearly enunciates the general rule that a public official is without interest or right to question the constitutionality of a statute under the provisions … Prior to this action intervenors held the status of qualified voters in Winn Parish.

Carpenter v. STATE, DEP. OF HEALTH AND HOS.

944 So. 2d 604 · Louisiana Court of Appeal · Sep 20, 2006

Evidence must be provided which establishes that the transfer was solely for a reason other than to qualify for Medicaid. [Record 77]. … The contract must have been established at or before the transfer.

Harrison v. Commission Council of Bogalusa

169 So. 2d 159 · Louisiana Court of Appeal · Nov 16, 1964

As evidence of intention to retain rather than change his Louisiana domicile, plaintiff established proof of his registration as a qualified voter and elector of Washington Parish, Louisiana, and of his having voted in elections … In the Brantley case, supra, the issue was one of four months residence in a municipality in order to qualify as a registered voter thereof.

David v. Our Lady of the Lake Hosp., Inc.

849 So. 2d 38 · Supreme Court of Louisiana · Jul 2, 2003

The language "tort ... arising out of patient care" clearly encompasses delictual actions based on strict liability for blood sold and used in transfusions. … As conceded by the majority in Williams , the application of LSA-R.S. 9:5628 to a plaintiff's claim does not depend upon whether the hospital is a private hospital qualified under the MMA, a private hospital not qualified

Manuel v. Republic Vanguard Ins. Co.

7 La.App. 3 Cir. 1437 · Louisiana Court of Appeal · Apr 2, 2008

The jury was manifestly erroneous, or clearly wrong when it found plaintiff free of fault; 2. The jury was manifestly erroneous, or clearly wrong when it found Delta Down only 15% at fault; and 3. … The jury was manifestly erroneous, or clearly wrong in finding defendants at fault.

State, Department of Highways v. McPherson

261 La. 116 · Supreme Court of Louisiana · Feb 28, 1972

For the purposes of this dissent I will also accept these two witnesses to be well qualified, but I will review all of their testimony. … The trial judge stated: “The defendant has clearly established with the appraisers, the engineer and the contractor, James Gregory, that to use, cultivate, or pasture the south remainder, much money must be spent for bridges

The Bank of New York Mellon v. Whitney Blaine Smith, Et Ux.

Louisiana Court of Appeal · Feb 11, 2015

immunity from suit. … The Supreme Court granted writs and reversed, finding that private parties were not automatically entitled to qualified immunity. Wyatt v. Cole, 504 U.S. 158, 112 S.Ct. 1827 (1992).

Opinion Number

Louisiana Attorney General Reports · Jul 8, 2008

Due to the weight and quantity of the boxes, it takes several days to unload and distribute these items to qualified senior citizens. … Based upon the information available to our office, we have reason to believe the food net program has in place an established program of financial assistance to the needy.

State Ex Rel. Fernandez v. Feucht

157 So. 557 · Louisiana Court of Appeal · Nov 14, 1934

a manner otherwise than by appointment by the Governor some color is given the argument, but, since the opinion does not in terms so declare and since in all of the other instances mentioned as exceptions to the rule as established … section 12 the Governor is not authorized to make the appointment, we have come to the conclusion that, in mentioning the office of coroner in that connection, the author of the opinion did so by inadvertence, because it clearly

Vines v. Protective Indemnity Co.

37 So. 2d 545 · Louisiana Court of Appeal · Nov 24, 1948

It is well established that the general rule relied upon by defendant is not immune to exceptions. … The facts of this case, as alleged, if established by proof, clearly make of it an exception to said general rule.

Thibodeaux v. Donnell

994 So. 2d 612 · Louisiana Court of Appeal · Sep 12, 2008

the medical review panel, in the case of those health care providers covered by this Part, or in the case of a health care provider against whom a claim has been filed under the provisions of this Part, but who has not qualified … Clearly, the statutory intention is to establish a determinable limit of twelve months, unless extended by the court, to the amount of time the running of prescription is suspended for the purpose of the panel's review of

State v. Maise

172 So. 3d 639 · Supreme Court of Louisiana · Jun 30, 2015

Although A.L. related this version of the facts to the jury after she had received immunity from the State, A.L. changed her testimony following an overnight recess and the court’s appointment of an attorney to represent … done the defendant, and, unless such is shown to have been the case the motion | sshall be denied, no matter upon what allegations it is grounded. 9 A defendant seeking a new trial based on newly discovered evidence must establish

State v. Reid

340 So. 2d 551 · Supreme Court of Louisiana · Dec 17, 1976

Inasmuch as physical infirmity is clearly a disqualification from jury service, we are of the opinion that the attempt to gather documented information by questionnaire concerning the medical condition of prospective jurors … (a) Qualified. A person who meets all of the requirements of C.Cr.P. Art. 401. (b) Excluded. A qualified person who is not subject to jury service by reason of prior service as set forth in C.Cr.P.

Negem v. National Central Life Insurance Co.

245 So. 2d 469 · Louisiana Court of Appeal · Mar 2, 1971

the Insured within a hospital while requiring regular treatment within the hospital by a legally qualified Medical or Osteopathic physician or surgeon, then the Company will pay benefits to the Named Insured, * * *” *473 … Beacon Insurance Company, La.App., 221 So.2d 354 (4th Cir. 1969) the court said: “The jurisprudence is so clearly established as to require no citation of authority that the contract of insurance is the law between the parties