Case law

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.

Mistich v. Volkswagen of Germany, Inc.

94 La.App. 4 Cir. 0226 · Louisiana Court of Appeal · Jan 31, 1995

The trial court's finding that the VW did not roll over was also clearly wrong. As stated above the only two experts qualified in the field of accident reconstruction were Lipp and Blaisdell. … based on the evidence, and clearly without evidentiary support.

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.

Wright v. Smith

District Court, M.D. Louisiana · Jul 11, 2019

Second, the district court looks to whether the rights allegedly violated were clearly established. Id. … Once a defendant pleads qualified immunity, the burden shifts to the plaintiff, who “must rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly established law and that genuine

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

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.

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.

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

Patterson v. Johnson

509 So. 2d 35 · Louisiana Court of Appeal · May 27, 1987

Defendant further contends that plaintiff failed to establish a chain of custody of the blood samples. … An appellate court may not disturb a trial court's evaluations of credibility and factual determinations unless the record reveals that the trial court's decision is manifestly erroneous or clearly wrong. Arceneaux v.

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.

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.

Burmaster v. Gravity Drainage Dist. No. 2

366 So. 2d 1381 · Supreme Court of Louisiana · Dec 15, 1978

She argues that the statute grants a certain number of persons within a class (architects and contractors) a special privilege or immunity which is not extended to all persons possessing the characteristics of the class. … The classification established by La.R.S. 9:2772 affects alike all persons and interests similarly situated. Clearly, the classification is not arbitrary; rather, it is founded on reasonable grounds of distinction.

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.

McNamara v. John E. Chance & Associates, Inc.

491 So. 2d 154 · Louisiana Court of Appeal · Jun 25, 1986

In its appellate brief, the State contends, and we agree, that in order for a taxpayer to qualify for the exemption provided for by LSA-R.S. 305.1(B), the taxpayer must establish that: (1) the items purchased are "ship materials … This Court is well aware of the long-established rule that exemptions from taxation are to be strictly construed and must be unequivocally and affirmatively established. Vulcan Foundry, Inc. v.

Mouton v. Louisiana Power & Light Co.

545 So. 2d 1114 · Louisiana Court of Appeal · Jun 7, 1989

Mouton’s job is not ‘specialized per se’ is the first step is [sic] establishing that a statutory employment relationship exists. … Subsequently, Mouton completed a second six-week on-the-job training course in order to qualify as a security officer. He was thus employed on the date of his injury.

Richard v. Tenet Health Systems, Inc.

871 So. 2d 671 · Louisiana Court of Appeal · Apr 14, 2004

Clearly, the claim against Drs. Glade, Smith and Villien was filed beyond the one year and three year dates set forth in La. R.S. 9:5628. … LeBreton and the cases following it recognize that the legislature has established special rules for prescription under the Medical Malpractice Act. Consequently, the general rules of prescription do not apply.

Succession of Batton v. Prince

384 So. 2d 506 · Louisiana Court of Appeal · May 6, 1980

Allen clearly meets these requirements because he is a U. S. citizen with full capacity to contract. … NOTES [1] LRS 9:1725(5)—"Except when the context clearly indicates otherwise, as used in this Code: ...

Ward v. Sears, Roebuck & Co.

339 So. 2d 1255 · Louisiana Court of Appeal · Nov 15, 1976

Her testimony is clearly to the effect that she did not expect payment for the overtime worked and for that reason never requested payment. … Breaux, 146 So.2d 723 (La.App. 3rd Cir. 1962), establishes the rule that a publication enjoys a qualified or conditional privilege if made (a) in good faith; (b) on any subject matter in which the person communicating has