Case law

Hamilton v. Lumbermen's Mutual Casualty Co.

82 So. 2d 61 · Louisiana Court of Appeal · Jun 30, 1955

The record of this proceeding, which sustains the facts given above, clearly establishes the petitioner's claim that the defendant did, without authority, invade the privacy of the petitioner. … The evidence clearly shows that petitioner suffered great mental anguish on being notified of the advertisement. Dr.

Pitts v. Pickens

655 So. 2d 520 · Louisiana Court of Appeal · May 5, 1995

This is true even if grave doubt exists as to a party's ability to establish disputed facts at trial. Equipment, Inc. v. Anderson Petroleum, Inc., 471 So.2d 1068, 1070-71 (La.App. 3rd Cir.1985). … Clearly, in Lindsey v. Colonial Lloyd's Insurance Co., 595 So.2d at 606 , the Louisiana Supreme Court held LSA-R.S. 22:628 to be inapplicable to such rental agreements. Additionally, as noted in Lindsey v.

Derrick Dean, M.D. v. St. Mary Emergency Group, LLC

Louisiana Court of Appeal · May 17, 2017

(4) Designated representatives of the board and any vendor or contractor establishing or maintaining the prescription monitoring program. F. … The term “submitted” when read in combination with La.R.S. 40:1006 clearly implies the input of the listed information into the database.

Harris v. Louisiana Office of Juvenile Justice

District Court, E.D. Louisiana · Jun 26, 2019

A legally sufficient complaint must establish more than a “sheer possibility” that the party’s claim is true. Iqbal, 556 U.S. at 678. It need not 25 R. … In Louisiana, an entity “must qualify as a juridical person” to be capable of being sued. Dejoie v. Medley, 945 So. 2d 968, 972 (La. App. 2 Cir. 2006).

Paula Patterson, Jon Crumpler and Carey Crumpler. Individually and On Behalf of Their Mother, Anita Carey v. Claiborne Operator Group, LLC, and Paramount Healthcare Consultants, LLC, Both D/B/A Claiborne Rehabilitation Center

Louisiana Court of Appeal · Nov 15, 2023

Under the factors set forth in Coleman, a review of plaintiffs’ 6 allegations against CRC shows that the claims clearly are medical malpractice. … All other tort liability on the part of the qualified health care provider is governed by general tort law. Id.; McDowell, supra.

State v. Knight

36 So. 3d 1163 · Louisiana Court of Appeal · May 19, 2010

The circumstantial evidence rule may not establish a |4stricter standard of review than Jackson v. … The questioning by the prosecutor was clearly improper in that it referenced a prior arrest that did not lead to a conviction.

Benedic v. New Orleans Public Service, Inc.

389 So. 2d 871 · Louisiana Court of Appeal · Oct 9, 1980

Article 1810, itself, establishes no standard to be used in determining a party’s right to a directed verdict. … The standard to be applied by this court on review is “Did the trial judge clearly abuse his much discretion in admitting the witness as an expert?”

Parker, Seale & Kelton v. Messina

214 La. 203 · Supreme Court of Louisiana · Jun 1, 1948

“The suit at bar fails to qualify under any one of these conditions and the demand, therefore, should be denied, together with all costs to be paid by plaintiffs-appellees.” … Should probable cause be essential (a question we find unnecessary to decide), its existence is clearly shown by the wife’s pleadings in her separation suit against the husband.

Swann v. City-Parish

492 So. 2d 1225 · Louisiana Court of Appeal · Apr 28, 1986

Swann is now suffering from are the result of the normal aging process" is clearly or manifestly erroneous. … On the contrary, the record establishes that, although Mrs.

Andrus v. White

101 So. 2d 7 · Louisiana Court of Appeal · Apr 21, 1958

McCullium, supra, decided by this court in which an uncle had paid the funeral expenses of the deceased and after qualifying as administrator of the latter's succession sought to recover the amount. … It is well established under our jurisprudence that in assessing damages the pecuniary loss is impossible of determination on any scientific basis, and the courts can only exercise a sound discretion and award such amount

Opinion Number

Louisiana Attorney General Reports · Sep 4, 2007

Ordinarily, records reflecting the payments made by a public body are public records available for inspection by qualified requestors. R.S. 44:1 et seq. and 31 et seq. Caple v. … "This area is clearly within Congress' authority to regulate. First, this is a fundamental issue of privacy.

State v. Blassengame

132 La. 250 · Supreme Court of Louisiana · Feb 17, 1913

The assumption that evidence as to the occupation of a defendant in a criminal prosecution is per. se admissible is clearly erroneous, since no evidence is admissible which is wholly irrelevant to the issue to be tried, and … It will thus be seen that in a matter of vital importance the learned trial judge and the counsel for defendant differ radically as to whether a certain fact was established by the evidence, and, if the matter should stand

State v. Oliver

193 La. 1084 · Supreme Court of Louisiana · Nov 27, 1939

“The province of the motion in arrest of judgment is to assign some error patent on the face of the record, or some radical defect therein, the rule being that a defect that can be established only by the taking of evidence … However, if it can be shown that he swore falsely to qualify as a juror in order to convict the defendants as alleged in the motion, we think such action is sufficient ground to disqualify him.

Salvador J. Randazzo, Individually and as of the Succession of Lawrence J. Randazzo and Succession of Josephine L. Ranndazzo and Lorene A. Randazzo v. Petrina Ruiz Imbraguglio

Louisiana Court of Appeal · May 25, 2022

That broad standard is, of course, based upon a conclusion that the trial court committed no error of law and was not manifestly erroneous or clearly wrong in making a factual finding that was necessary … Beck to supplement the record post-meeting with the judgment of possession to establish Cheryl Randazzo as a named shareholder.

Miers v. Truck Insurance Exchange

180 So. 2d 559 · Louisiana Court of Appeal · Nov 30, 1965

be disturbed unless found to be clearly erroneous. … Lejeune and Anderson clearly were in better positions than anyone else to determine whether a defect in the accelerator or clutch caused the accident.

Cox v. Cardinal Drilling Company

188 So. 2d 667 · Louisiana Court of Appeal · Jun 30, 1966

The first assignment of error is found without merit as substantial performance is clearly indicated. … Clearly shut-in royalties were tendered timely and accepted or refused as in the manner above stated.

State v. Kirts

3 So. 3d 91 · Louisiana Court of Appeal · Feb 25, 2009

Bruce Stentz, a forensic chemist with the North Louisiana Crime Lab, was first qualified and accepted as an expert and testified that the substance seized was cocaine. … Our review of the evidence indicates that the Jackson standard has clearly been met.

George v. Honeywell International, Inc.

328 F. Supp. 2d 627 · District Court, M.D. Louisiana · Aug 6, 2004

White believed that Sorrell, who is an African-American, was the most qualified and appropriate candidate for the position. 5 Following Sorrell’s selection in 2001, plaintiff began to complain to several of his Honeywell … There was no evidence of discrimination and Honeywell has clearly established a non-discriminatory reason why the panel did not select the plaintiff.

Ragas v. Ragas

690 So. 2d 1112 · Louisiana Court of Appeal · Mar 19, 1997

We further determine that the item listed as "assignment of proceeds ... $6,500.00" fails to qualify as a privileged expense. … Dupuis clearly illustrates the dire circumstances requiring advancement of medical expenses and living expenses. Dupuis, 609 So.2d at 1193 .

Winn v. State, Department of Natural Resources, Office of Conservation

104 So. 3d 16 · Louisiana Court of Appeal · Aug 8, 2012

The undisputed facts clearly show that SSCI plugged the well it was |4 directed to plug in accordance with its instructions from the DNR. Mr. Winn presented no evidence of any negligence whatsoever on the part of SSCI. … Winn was not qualified to provide competent testimony as to damages of that type. La.