Case law

Haynes v. Williams

446 So. 2d 750 · Louisiana Court of Appeal · Dec 9, 1983

Johnson, 310 So.2d 86 (La.1974) is clearly distinguishable. In LaCaze, supra, the voting machine failed to record votes which were actually cast. … CONCLUSION In non-jury cases, the appropriate standard for the trial court's determination of a motion for directed verdict is whether plaintiff has presented sufficient evidence on the case in chief to establish a claim

Everhardt v. City of New Orleans

253 La. 285 · Supreme Court of Louisiana · Dec 16, 1968

The Supreme Court of Rhode Island in the Lombardi case declared: “ * * * It is our unqualified judgment that the purpose sought to be achieved by requiring cyclists to wear protective headgear clearly qualified as a proper … All such safety helmets shall consist of lining, padding, visor and chin strap and shall meet such other specifications as shall be established by the Di *291 rector of Public Safety.

Frost v. Metropolitan Life Ins. Co.

635 So. 2d 706 · Louisiana Court of Appeal · Apr 8, 1994

Because we find that the factual determinations of the trial court are not clearly erroneous, we affirm. FACTS In February of 1960, Romulus J. … Plaintiff's initial burden is to establish a prima facie case of unlawful termination. The nature of the plaintiff's burden of proof at the prima facie stage is de minimis. Dister v.

Pitard v. Pitard

1 La.App. 5 Cir. 966 · Louisiana Court of Appeal · Jan 15, 2002

Pitard’s medical practice were community property, where the language of the Matrimonial Agreement executed by the parties and supporting extrinsic evidence clearly establish that all interests in Dr. … Lisa Wright, a Certified Public Accountant qualified as an expert witness, testified that income is not an asset.

Abs Servs., Inc. v. James Constr. Grp.

269 So. 3d 723 · Louisiana Court of Appeal · Dec 21, 2018

Second, to the extent that JCG and Continental are now claiming statutory immunity from liability, which is an affirmative defense, 1 I find such immunity claim was waived. … In this case, ABS claimed excess costs, lost profits, and the loss of its business as a result of the breach of the Subcontract by JCG. 32 Appellants argue that ABS failed to establish its claim by failing to establish a

Freeman v. Cooper

414 So. 2d 355 · Supreme Court of Louisiana · May 17, 1982

The court of appeal affirmed, holding that the statements were defamatory and rejecting the defenses of truth and of qualified privilege. … NOTES [1] The record established that plaintiff's client did furnish him with the information asserted in the motion.

In Re Katrina Canal Breaches Consolidated Litigation

647 F. Supp. 2d 644 · District Court, E.D. Louisiana · Nov 18, 2009

immunity would not attach. … There was no such established policy here.

Sarah Johnson, Juanita Leichman, and Tonette Dixon v. Ruston Louisiana Hospital Co., LLC d/b/a Northern Louisiana Medical Center, and its Employees, and Dr. Gregg Keith Arena, Jointly and Insolido

Louisiana Court of Appeal · Aug 10, 2022

The Hospital filed a motion for summary judgment on May 28, 2020, alleging that Plaintiffs failed to provide an expert opinion to establish essential elements of their cause of action, i.e., the standard of care, any conduct … While that original complaint only named NLMC and its “employees” as defendants, it clearly identified the anesthesiologist involved in the decedent’s treatment as a negligent actor.

Kent v. Jomac Products, Inc.

542 So. 2d 99 · Louisiana Court of Appeal · Apr 11, 1989

In order to avoid the general rule that an employee's exclusive remedy against his employer for a work-related injury is worker's compensation, plaintiffs must establish that Mr. … The language of this provision clearly indicates that any inspections conducted by Travelers were solely for the benefit of the parties to the contract.

Durant v. Owens-Illinois Glass Co., Inc.

517 F. Supp. 710 · District Court, E.D. Louisiana · Jun 3, 1980

qualify as journeymen mechanics in the Maintenance Department. … The master’s findings of fact are to be adopted unless clearly erroneous. F.R.C.P. 53(e)(2). See Neal v. Saga Shipping Co., 407 F.2d 481, 488 (5 Cir. 1969).

McCall v. Columbia Gas Development Corp.

635 F. Supp. 49 · District Court, W.D. Louisiana · Jan 24, 1986

The Court finds no merit to Consolidated’s argument that PBW effectively waived its tort immunity by entering into an indemnity contract with Columbia, citing Tran v. … The effect of the OAIA is to make the indemnity provision in the agreement void ab initio, thereby precluding any “waiver” of tort immunity by PBW.

Ford v. Miles

6 Mart. (N.S.) 377 · Supreme Court of Louisiana · Dec 15, 1827

It is clearly not a confession of judgment, but an agreement that judgment should be entered on the verdict. … *380 any observation to qualify or limit the respon- .

Addison v. Louisiana Department of Corrections

2015 La.App. 1 Cir. 1069 · Louisiana Court of Appeal · Feb 26, 2016

statutory provisions; (2) in excess of the statutory authority of the agency; (3) made upon unlawful procedure; (4) affected by other error of law; (5) arbitrary, capricious, or characterized by an abuse of discretion or clearly … The record does not establish that [ ¡Addison left the program for any of the acceptable reasons under Section 10, or -for reasons approved by a warden, sheriff, or jail ad *1080 ministrator.

Opinion Number

Louisiana Attorney General Reports · May 2, 2000

In carrying out such programs, the governing authority must establish objective eligibility requirements and formal guidelines to ensure that all individuals qualifying are needy and have an equal opportunity of receiving … Such a program must be administered in accordance with the establishment of formal guidelines to insure that all individuals qualifying are truly needy and have an equal opportunity of receiving public assistance.

Carver, Inc. v. STATE, DEPT. OF PUBLIC SAFETY & CORR.

672 So. 2d 1141 · Louisiana Court of Appeal · Apr 4, 1996

After a thorough review of the record, we cannot say that the hearing officer's findings of fact were clearly wrong or manifestly erroneous. … With regard to the term "intentional," La.R.S. 14:11 states that in the absence of qualifying provisions, the terms "intent" and "intentional" refer to general criminal intent.

State v. Jeter

609 So. 2d 1019 · Louisiana Court of Appeal · Dec 2, 1992

Before any witness can testify as an expert, his or her competence must be established to the satisfaction of the court. State v. Trosclair, supra ; State v. … The sheriff had not been qualified as an expert witness.

Albright v. SOUTHERN TRACE

859 So. 2d 238 · Louisiana Court of Appeal · Oct 17, 2003

A private club is immune to claims of discrimination, while a public accommodation must comply with La. Const. art. I, § 12. … That is the economic discrimination that is perpetuated against women by excluding them from the social clubs and "back rooms" where business relationships are established and deals are made.

Moore v. State

136 So. 2d 751 · Louisiana Court of Appeal · Dec 27, 1961

By Act 214 of 1958, the Louisiana Legislature authorized institution of suit on the cause of action asserted herein and waived its immunity as to that cause. … The frontal scar of about four or five inches and the soft area are clearly noticeable to the eye and touch. Dr. Edelman performed the skull operation. Dr.

Songy v. Songy

98 La.App. 5 Cir. 1103 · Louisiana Court of Appeal · Jun 1, 1999

does not meet the requirements for a Qualified Domestic Relations Order (QDRO) as defined in Section 414(p) of the Internal Revenue Code.” … Therefore, the form of benefit was established as a single life annuity payable over the participant’s lifetime without any survivor benefits.

Succession of Saloy

44 La. Ann. 433 · Supreme Court of Louisiana · Apr 15, 1892

It was surely too late, after the. appointments had been conferred and the appointees qualified. The lower court ruled correctly. II. … It would be cumbersome and subserve no useful purpose to enter into any elaborate inquisition to establish clearly what are actions m disavowal, actions in contestation of legitimacy, actions in reclamation and actions in