Case law

State v. Hampton

2013 La.App. 4 Cir. 0580 · Louisiana Court of Appeal · Feb 19, 2014

She is generally qualified as an expert in child abuse pediatrics and has never been denied qualification as an expert witness. … Jackson’s testimony in response to the questions from the prosecutor, we conclude that she did not deviate from the limits established by Foret .

Jones v. Henry

533 So. 2d 1279 · Louisiana Court of Appeal · Nov 9, 1988

twenty-five motor vehicles are registered or who owns property in Louisiana assessed in his name having a value of fifteen thousand dollars or more after deducting any encumbrances thereon from its assessed valuation may qualify … On the contrary, the insureds accepted uninsured motorist coverage at bargained for limits as established by their contract with Hartford. For the foregoing reasons, the judgment is affirmed.

State v. Adams

369 So. 2d 1327 · Supreme Court of Louisiana · Apr 9, 1979

The 1974 Louisiana Constitution mandated the legislature "[to] provide for a uniform system for securing and compensating qualified counsel for indigents." La.Const. of 1974, Art. 1, § 13. … By Act No. 653 of 1976, R.S. 15:141-149, the legislature established a state-wide indigent defender system.

Knippers v. Lambard

620 So. 2d 1368 · Louisiana Court of Appeal · Jun 23, 1993

Our review of the record reveals that the plaintiff did not establish her claim that she was unaware of her damage until August, 1988. … Brookshire Grocery Company d/b/a Super One, 618 So.2d 587 (La.App. 2d Cir.1993), which is clearly distinguishable from the facts of the instant case.

Chiel Kimble v. Curahealth New Orleans LLC

Louisiana Court of Appeal · Dec 1, 2021

The trial court did not err by finding that the medical expert established the standard of care. Further, the trial court’s finding that plaintiff established a prima facie case was not manifestly erroneous. … Songy established the standard of care and that Mr. Kimble produced evidence sufficient to establish that he would likely prevail at a trial on the merits.

Mazoue v. Traina (In re Mazoue)

240 B.R. 878 · District Court, E.D. Louisiana · Oct 22, 1999

The first sentence of Section 1(A) of Title 20 describes what properties will qualify as a “bona fide homestead.” The next four sentences clearly describe the limits of the exemption. … It is well-established that “a statute is to be considered in all its parts when construing any one of them.” Lexecon, Inc. v.

Fort Miro Subdivision Partnership D/B/A Fort Miro v. Cary Gix

Louisiana Court of Appeal · Apr 14, 2021

of the rent at a qualifying housing facility. … STANDARD OF REVIEW The standard of review for a judgment of eviction is clearly wrong/manifestly erroneous. Housing Authority of New Orleans v. Haynes, 14-1349 (La.

Succession of Goode

395 So. 2d 875 · Louisiana Court of Appeal · Feb 16, 1981

After qualifying as coexecutor, Goode, Sr., withdrew from that position and filed a petition seeking to annul the probated testament. … Establishment of such successive usufructs is authorized by La. C.C. Art. 546, and C.C.

Opinion Number

Louisiana Attorney General Reports · Jan 14, 1997

Dear Representative McDonald: You have requested an Attorney General Opinion relative to the sale of a hospital facility owned by a duly established hospital service district. … Can a hospital owned by a duly established hospital service district be sold ? 2.

State Ex Rel. Ward v. Board of Sup'rs of Elections

186 La. 949 · Supreme Court of Louisiana · Mar 22, 1937

Ward, relator here, qualified as a candidate for the office of Mayor before the Democratic Executive Committee for the City of Alexandria and submitted to the chairman of that committee a list of qualified electors to be … Clearly this case has no application here. Plaintiff in that case claimed that he had been nominated as a candidate for a certain office.

Bolton v. Willis-Knighton Medical Center

116 So. 3d 76 · Louisiana Court of Appeal · Apr 24, 2013

to establish the standard 17of care as to WK. … that the factfin-der is clearly wrong or manifestly erroneous.

Bryant v. Giani Inv. Co.

626 So. 2d 390 · Louisiana Court of Appeal · Oct 14, 1993

We are convinced that it is not the legislative intent that an argument such as that in the present case would qualify as an "extraordinary stress." … It is a subject of some debate as to whether even the facts in the Sparks case, which included threats of violence would qualify as an "extraordinary stress." Compare 13 W.S. Malone & H.A.

Thomas v. Gryder

District Court, M.D. Louisiana · Nov 6, 2019

Gryder is not Entitled to Qualified Immunity for the Period of August 18, 2016 through January 13, 2017 “A public official is entitled to qualified immunity unless the plaintiff demonstrates that (1) the defendant … violates that right.”58 However, “[a]n official that violates a constitutional right is still entitled to qualified immunity if his or her actions were objectively reasonable.”59 “There is a clearly established right

Chase v. Dunbar

185 So. 2d 563 · Louisiana Court of Appeal · Apr 4, 1966

Assuming, as argued by defendant, plaintiff initially assisted Dunbar in pouring gasoline into the carburetor of the stalled automobile, the record clearly establishes that at the time of the accident plaintiff was totally … Nor is it shown whether or not they were qualified auto mechanics. Dunbar's testimony is to the effect he assumed the individuals were competent mechanics who knew their trade.

State in Interest of HLD v. CDM

563 So. 2d 360 · Louisiana Court of Appeal · May 23, 1990

Morella, qualified as an expert in the field of psychology, clearly established that in his opinion HLD was a sexually abused child, abused by her own mother's boyfriend, later husband, AM, that appellant had knowledge of … Morella and Brennan clearly establish that appellant suffers from a behavioral conduct disorder that renders her unable to provide an adequate permanent home for HLD now or in the reasonably near future.

Kingsman Enterprises, Inc. v. Bakerfield Elec. Co., Inc.

339 So. 2d 1280 · Louisiana Court of Appeal · Nov 15, 1976

However, it should be kept in mind that in Louisiana the concept of the separation of the corporate entity from its shareholders is the general rule and is firmly established. … So long as the corporate existence is maintained, immunity from liability of even a sole stockholder is the same as if there are many stockholders.

Peck v. Procter & Gamble Mfg. Co.

586 So. 2d 714 · Louisiana Court of Appeal · Oct 2, 1991

It is sufficient that plaintiff establish the cause of his disability by a reasonable probability. Laurendine v. Fischbach & Moore, Inc., 398 So.2d 1220 (La.App. 4th Cir.1981). … NOTES [1] We note that to qualify for supplemental earnings benefits under LSA-R.S. 23:1221(3) a plaintiff must prove by a preponderance of the evidence that a work-related injury resulted in his inability to earn wages equal

SPRINGTREE APARTMENTS v. Livingston Parish Council

207 F. Supp. 2d 507 · District Court, M.D. Louisiana · Sep 21, 2001

Plaintiff offered the expert testimony of a qualified real estate appraiser who was of the opinion that the Livingston Parish apartment rental market will not support rentals in the completed project in amounts sufficient … The injunction in this case clearly will not disserve the public interest, it will promote the public interest.

Jones v. Robertson

429 So. 2d 510 · Louisiana Court of Appeal · Mar 9, 1983

The trial court ruled that the May 1, 1981 document met the requirements of an olographic will and qualified as an enforceable codicil, revoking the statutory will bequest to Matthew and Marvin Jones, thereby allowing them … For a document to be given testamentary effect, it must be clearly established that it is a disposition of last will and has testamentary character.

In Re Succession of Haydel

2000 La.App. 1 Cir. 0085 · Louisiana Court of Appeal · Feb 16, 2001

It is undisputed that Lieux made such an election on the estate tax return with respect to the QTIP Trust established in this case. … Accordingly, the estate obtained a marital deduction equal to the value of the property placed in the QTIP Trust by virtue of the trust document establishing Loretta with a qualifying income interest for life in that trust