Case law

Opinion Number

Louisiana Attorney General Reports · Sep 8, 2009

According to your request, the Hospital has been charged with the responsibility to establish a first-class assisted living facility ("Facility") to benefit the citizens of St. Charles Parish. … As such, we believe that the proposed transaction does not appear to be merely gratuitous, if the developer's obligations are reflected reasonably clearly in the agreement and related documents.

Northshore Cap. Enter. v. St. Tammany Hosp.

822 So. 2d 109 · Louisiana Court of Appeal · Jun 21, 2002

On appeal, plaintiffs suggest that this court's earlier-rendered opinion clearly rejected the finding that Cantin was a contractual employee of SMH. … . 2-6, 765 So.2d at 1226-28 (concluding an appointed provisional tutor had no right of action in children's wrongful death claim against mother, alleged tortfeasor in father's death, under an application of parent-child immunity

Hughes v. Heirs of Cain

268 So. 2d 149 · Louisiana Court of Appeal · Oct 2, 1972

Certain principles have been clearly established by the Supreme Court of this state in connection with the partition of real property by co-owners. In Raceland Bank & Trust Co. v. … The case was competently contested and defended in the trial court to the extent that an expert witness was qualified on the defendants’ behalf and we find no indication that this appeal was instituted for the purposes of

State v. Carricut

157 La. 140 · Supreme Court of Louisiana · Nov 3, 1924

only nine years old, in the primer grade at school, and is unable to answer questions accurately without their being first put in the form of a leading question; (2) he is reluctant, hesitates on all questions asked, and clearly … But the record not only does not establish that fact, but actually negatives it.

Guidry v. Bowers

458 So. 2d 933 · Louisiana Court of Appeal · Aug 24, 1984

This was obviously an error, since her petition establishes that Valerie had reached majority by June 6, 1980. … However, we do note that it clearly does not qualify as a collateral mortgage, despite its designation as such.

Thinkstream, Inc. v. Rubin

971 So. 2d 1092 · Louisiana Court of Appeal · Sep 26, 2007

As used in this Article, the following terms shall have the meanings ascribed to them below, unless the context clearly indicates otherwise: (1) "Act in furtherance of a person's right of petition or free speech under the … Because McGlinchey did not file an answer to the plaintiffs' petition, the issue of qualified privilege has not yet been specially pled by the defendants or addressed by the trial court.

Carroll Insulation & Window Co. v. Biomax Spray Foam Insulation, LLC

180 So. 3d 518 · Louisiana Court of Appeal · Nov 18, 2015

This court has consistently held that in establishing a LUTPA claim, a plaintiff must show that “the alleged conduct offends established public policy and is immoral, unethical, oppressive, unscrupulous, or substantially … Moore testified at trial but was not qualified as an expert in spray foam insulation; he was only qualified as an expert in general contracting/remodeling and forensic construction.

Mitchell v. Fradella

628 So. 2d 1198 · Louisiana Court of Appeal · Dec 8, 1993

A contract is formed by the consent of the parties established through offer and acceptance; offer and acceptance may be made orally, in writing, or through actions or inactions clearly indicative of consent. C.C. 1927. … If the defendant follows this procedure and the alleged damages exceed $20,000, the defendant has established its right to a trial by jury.

State v. Mason

403 So. 2d 701 · Supreme Court of Louisiana · Sep 8, 1981

All other testimony concerning this pipe appeared clearly adverse to the defense. … Plainly, this evidence was sufficient to establish the accused's identity as Mrs. Kennon's assailant beyond a reasonable doubt. Jackson v. Virginia, supra . Counsel's further contention that the snatching of Mrs.

Washington v. Onebeacon Am. Ins. Co.

265 So. 3d 8 · Louisiana Court of Appeal · Nov 2, 2018

To reverse the trial court's factual findings, the appellate court must find from the record that no reasonable factual basis exists for the findings and must determine that the record establishes the findings as clearly … While appellants assert that Deputy Comeaux's speed prior to the accident was not established with certainty, the record establishes that Deputy Comeaux was traveling well above the posted speed limit of 55 m.p.h. at the

Claire v. Crescent Construction Co.

97 La.App. 5 Cir. 971 · Louisiana Court of Appeal · Dec 16, 1998

Thus, where there are two ^permissible views of the evidence, the fact finder’s choice between them cannot be manifestly erroneous or clearly wrong. Stobart, supra. … established, by more than a mere preponderance of the evidence, that the section of Highway 90 in question was defective in nature (because of the existence of standing water, lack of appropriate measures to properly drain

Gabriel v. Tamimie

12 La.App. 5 Cir. 584 · Louisiana Court of Appeal · Mar 13, 2013

Elam to testify at the hearing and in finding that plaintiff failed to present a qualified medical expert in support of his claims. … Rather, the record clearly reflects that the trial judge based his decision to grant summary judgment on plaintiffs lack of expert medical testimony or opinion to support his medical malpractice claims.

State v. Battson

828 So. 2d 132 · Louisiana Court of Appeal · Sep 18, 2002

Clearly, therefore, it is reasonable to conclude that his move to Mississippi was not motivated by a desire to avoid his child support obligation. … McCoy clearly stated the effect of loss of employment with a corporate owner, i.e., a person got fired from every company that the employer owned.

Broome v. Gauthier

443 So. 2d 1127 · Louisiana Court of Appeal · Nov 10, 1983

George Hero was qualified as an expert in electrical and mechanical engineering and the causation of fires. Mr. … Because the defendant's experts could not establish how the fire started, they could not establish that the cause was unrelated to the fault of the owner.

Broussard v. Guidry

114 La. 913 · Supreme Court of Louisiana · May 8, 1905

For some reason not clearly explained, the successors in title of Euzeb Guidry seem to have paid but little attention to the strip A, B, C, D, and Trahan, who bought from Comeaux in 1869, testifies that he did not know for … the northern boundary was originally established on the line D, C (as shown on said sketch), the superstructure must fall with the foundation, and we must hold that the lines established by the partition were as represented

Thibodeaux v. Jurgelsky

898 So. 2d 299 · Supreme Court of Louisiana · Mar 11, 2005

The products of conception become necrotic, they start releasing toxins, and the immune system starts getting involved; it can turn into a life-threatening situation. Concerning the fibroid Mrs. … "Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence.

State v. Pennington

244 La. 650 · Supreme Court of Louisiana · Jun 4, 1963

United States, 255 U.S. 313 , 41 S.Ct. 266 , 65 L.Ed. 654 ; Underhill “Criminal Evidence” Vol. 2, p. 1073, Sec. 416, 5th Ed. (1956); Varón, “Searches, Seizures, and Immunities”, Vol. 1, pp. 466-488 and United States v. … The evidence clearly shows that appellant not only consented to the search of his home by the investigating officers— he actively assisted the officers in locating in his home the articles he had received from King which

Gordon v. POINTE COUPEE HEALTH SERVICE

47 So. 3d 565 · Louisiana Court of Appeal · Aug 11, 2010

No civil action against a qualified health care provider or its insurer may be commenced in any court before the claimant's proposed complaint has been presented to a medical review panel established pursuant to the LMMA. … " and that all other tort liability on the part of the qualified health care provider is governed by general tort law.

Dehart v. Burlington Northern & Santa Fe Railroad

860 So. 2d 248 · Louisiana Court of Appeal · Oct 28, 2003

When the train was in the “hazardous proximity” of between 750 and 900 feet away, it would have been clearly visible. … that the finding is clearly wrong or manifestly erroneous.

Rowsey v. Jones

655 So. 2d 560 · Louisiana Court of Appeal · May 10, 1995

Clearly, the law requires that Rowsey establish a causal connection between Dr. Jones's negligence and Mrs. Rowsey's death; he must prove that she had a "chance of survival," which was lost as a result of Dr. … The evidence established that the "Parkland Procedure" he used was governed by a common nationwide standard. The expert was thus qualified to testify based on his proven knowledge of that procedure.