Case law

Schexnyder v. PMB OPERATORS

93 La.App. 3 Cir. 1178 · Louisiana Court of Appeal · May 4, 1994

This was clearly the intendment of the amended provisions. In a total and permanent disability argument, pain will not have no role to play at all. … Neither did he show he was not qualified to perform any work other than hard labor. Dr.

Breaud v. Cantrell

District Court, E.D. Louisiana · Sep 15, 2025

Martin filed a first Motion to Dismiss Pursuant to Rule 12(c) and for Qualified Immunity.17 On March 27, 2025, this Court granted Breaud leave to file an Amended Complaint.18 The Amended Complaint withdrew all allegations … The Comments to ABA Model Rule 1.7 explain: Resolution of a conflict of interest problem under this Rule requires the lawyer to: 1) clearly identify the client or clients; 2) determine whether

Twenty-First Judicial District Court v. State ex rel. Guste

563 So. 2d 1185 · Louisiana Court of Appeal · May 30, 1990

Unless the fundamental rights, privileges and immunities of a person are involved, there is a strong presumption that the Legislature in adopting a statute has acted within its constitutional powers.... … The trial court’s factual ruling was correct (not manifestly erroneous or clearly wrong). This assignment of error is without merit.

Cook v. American Gateway Bank

49 So. 3d 23 · Louisiana Court of Appeal · Sep 10, 2010

Malicious prosecution actions have never been favored in our law, and the plaintiff in such an action must clearly establish that the forms of justice have been perverted to the gratification of private malice and the willful … Summary judgment was clearly appropriate as to 121 any malicious prosecution claim as well as the defamation and related claims.

Bearden v. Rucker

437 So. 2d 1116 · Supreme Court of Louisiana · Sep 2, 1983

Bearden's status under the policy, that is, whether she qualifies as a "named insured" within the meaning of the policy definition. … Bearden qualifies as a "named insured," for she is the spouse of "the individual named in Item 1 of the declarations" and "a resident of the same household."

State v. Harriman

469 So. 2d 298 · Louisiana Court of Appeal · May 8, 1985

by a proper chain of custody. *303 Identification of an item of evidence establishes a proper foundation for its admission into evidence. … Therefore, we conclude that the evidence was clearly sufficient for the jury to conclude, beyond a reasonable doubt, that the defendant was guilty of the crime of second degree murder.

Harris

District Court, E.D. Louisiana · Apr 1, 2026

established constitutional violation.”), overruled in part on other grounds, Castellano v. … Prosecutorial Immunity A “prosecutor enjoys absolute immunity from personal liability for damages under section 57 Carpenter v.

Royal Oldsmobile Co. v. Heisler Properties, L.L.C.

12 La.App. 5 Cir. 608 · Louisiana Court of Appeal · May 16, 2013

land from its owners. 1 This lease, in addition to giving Royal the right to use the leased-land, gave Royal a right of first refusal allowing Royal to buy the leased-land should its owners, the lessors, ever receive a qualifying … that the finding is not clearly wrong (manifestly erroneous).

Succession of Wadsworth

152 La. 131 · Supreme Court of Louisiana · May 29, 1922

Norris, and a first cousin of decedent, alleging that he had died intestate, was appointed administratrix of his succession December 12, 1918, and duly qualified as such December 30, 1918. … establish to the judicial mind convincing proof of the genuineness of the will herein attacked.

Myles v. Hosp. Serv. Dist. No. 1 of Tangipahoa Parish

248 So. 3d 545 · Louisiana Court of Appeal · Apr 6, 2018

Because the trial court granted the JNOV and awarded damages above the statutory cap of $100,000.00 for qualified health care providers as provided in La. … Myles' body mass index was "far below well nourished," putting her at risk for decreased immune function and decreased strength. She also suffered from cachexia, or muscle wasting. Dr. Klingsberg noted on Ms.

Joiner v. Louisiana Department of Labor Employment

525 So. 2d 608 · Louisiana Court of Appeal · May 11, 1988

In consideration of the record and the findings of the other levels of review before this court, we find the claimant has failed to establish that the wages paid to him were an exception to the rule under LSA-R.S. 23:1472 … Consequently, plaintiff fails to meet the requirements under LSA-R.S. 23:1600(5) providing the calculation of the minimum amount of quarterly earnings needed to qualify for benefits.

Bertrand v. Knox

39 La. Ann. 431 · Supreme Court of Louisiana · Apr 15, 1887

In support of Ms contention plaintiff relies on a line of authorities in our reports which have “established a distinction between the technical sufficiency of a citation as a basis for the maintenance of proceedings and … Civil Code, and clearly distinguishes the plea herein made from the issues decided in the cases on which plaintiff rests his greatest reliance. In the case of Bush vs.

State ex rel. Department of Highways v. Hub Realty Co.

239 La. 154 · Supreme Court of Louisiana · Jan 11, 1960

Since these facts were established by ample proof, the trial judge properly rejected appellant’s special defense. … The plaintiff’s experts were all well qualified and experienced real estate appraisers and dealers.

Rayford v. Bowen

715 F. Supp. 1347 · District Court, W.D. Louisiana · May 25, 1989

The states, however, must have a program in place to conduct preadmission screening by 1 January 1989 regardless of whether any criteria are established by the Secretary. 42 U.S.C. § 1396r(e)(7)(A). … Bock conceded that until a week before trial the 90-L forms did not clearly identify whether a patient required a Level II screening. Bock at 15.

Driesse v. National Oil Well Yarco, LP

170 So. 3d 996 · Louisiana Court of Appeal · Jan 14, 2015

In granting NOV’s motion for summary judgment on the viability of Driesse’s claim under the LEDL, the trial court stated that Louisiana jurisprudence “clearly requires an entity to compensate an individual to qualify as an … NOV did not perform any other functions used to determine if an entity qualifies as a compensating employer under the LEDL, such as withholding taxes or providing benefits.”

City of Bastrop v. Harris

198 So. 3d 163 · Louisiana Court of Appeal · Jun 22, 2016

Instead, the WCJ found Bastrop’s adjuster incorrectly calculated- Harris’ qualified ^monthly payment amount, which resulted in Harris being overpaid $4,368.00 5 in SEBs. … Clearly, Bastrop’s cause of action for reimbursement arises out of Harris’ workers’ compensation claim in the first proceeding.

Crawford v. BLUE CROSS & BLUE SHIELD OF LA.

814 So. 2d 574 · Louisiana Court of Appeal · Dec 5, 2001

Because plaintiff offered no evidence to establish the precise geographical location of the accident to satisfy his burden, he did not bring himself clearly within the exception provided for by article 74. … The fact that the Blue Max policy may be a managed care plan or preferred provider organization does not mean that it does not qualify as an insurance contract since as noted above, licensed insurance companies pursuant to

Watters v. Department of Social Services

2008 La.App. 4 Cir. 0977 · Louisiana Court of Appeal · Jun 17, 2009

Addressing the damages element, the trial court expressly found the Class Representatives established they suffered personal damages reasoning: The credible testimony of plaintiffs establishes that they suffered personal … R.S. 23:13 and thus was not entitled to immunity under La. R.S. 9:2798.1. VII.

Keller v. Aymond

722 So. 2d 1224 · Louisiana Court of Appeal · Dec 23, 1998

However, neither right is absolute; each is qualified. See Press-Enterprise Co. v. Superior Court, 478 U.S. 1 , 106 S.Ct. 2735 , 92 L.Ed.2d 1 (1986) (first amendment); Berger *1228 v. … Scripps-Howard Broadcasting Company, 433 U.S. 562 , 97 S.Ct. 2849 , 53 L.Ed.2d 965 (1977), the United States Supreme Court unequivocally articulated that the First and Fourteenth Amendments of the Constitution did not immunize

Lewis v. Tulane University Hospital & Clinic

2003 La.App. 4 Cir. 0184 · Louisiana Court of Appeal · Aug 27, 2003

With a few exceptions which are clearly distinguishable from the instant case, because of the complex medical and factual issues involved in medical malpractice cases, a plaintiff will likely fail to *387 sustain his or her … Corp., 33,378 (La.App. 2 Cir. 5/15/00), 764 So.2d 1094 (FN2): In a medical malpractice action, opinions of expert witnesses who are members of the medical profession and who are qualified to testify on the subject are necessary