Case law

State v. Gremillion

542 So. 2d 1074 · Supreme Court of Louisiana · May 4, 1989

The article is clearly designed to apply in civil cases. … R.S. 14:31. [1] The statement nearly qualifies as a declaration against pecuniary interest.

Theriot v. Lanier

425 So. 2d 351 · Louisiana Court of Appeal · Dec 22, 1982

Co., 376 So.2d 113 (La.1979): “By raising the affirmative defense of arson, the insurer has the burden of establishing, by convincing proof, that the fire was of incendiary origin and that plaintiff was responsible for it … Officer Byrd, who qualified as an expert in tool mark analysis, was of the definite opinion that the hole in question was produced before or at least during the fire.

Security Insurance Co. of Hartford v. Holliday

410 So. 2d 848 · Louisiana Court of Appeal · Feb 9, 1982

“The Craft Motor Company people clearly verified this to be true. … This, we think, is proper as we find it difficult to perceive why a judgment obtained through fraud or ill practice should be immune from an action of nullity because it has been approved on appeal by this Court, so long

Jennifer Diane Nunez v. Pinnacle Homes, L.L.C. and Sua Insurance Company

180 So. 3d 285 · Supreme Court of Louisiana · Oct 14, 2015

As we explained in Ogea, the ^language of La.Rev.Stat. 12:1320(B) clearly establishes the limited liability of members of an L.L.C. as a general rule, where it states that “except as otherwise specifically set forth in this … When the LLC statutes were enacted, “professional” had a clearly defined technical meaning within the law of business entities. See JAMES S. HOLLI-DAY, JR., & H.

Abraham v. City of Mandeville

638 F. Supp. 1108 · District Court, E.D. Louisiana · Jul 9, 1986

The earlier motion for summary judgment was brought by the individual defendants and focused on the defenses of legislative immunity and prematurity. … Uncontroverted deposition testimony establishes that the application was rejected for failure to comply with several local building requirements.

Opinion Number

Louisiana Attorney General Reports · Feb 15, 2002

It is our opinion that the prior law of Louisiana Acts 1972, No. 34 , amending R.S. 13:1952 (18) was repealed by the subsequent law of Louisiana Acts 1980, No. 577 , amending R.S. 13:1872 (A) by providing clearly and unequivocally … The election of the justices of the peace and constables includes those qualified voters within the territorial limits of the jurisdiction of the justice of the peace court. R.S. 13:2582 (B) and 2583(B).

Carnival Cruise Lines v. Red Fox Industries, Inc.

813 F. Supp. 1185 · District Court, E.D. Louisiana · Feb 10, 1993

Respondent Carnival argues that the DOHSA is inapplicable because Carnival does not qualify as a person or entity, and therefore is not entitled to maintain a right of action under that statute. … In support of this contention, Respondent Sanchez-Flores argues that the Supreme Court’s holding in Higginbotham, 436 U.S. 618 , 98 S.Ct. 2010 , which clearly established that the DOHSA limits the recovery of survivors to

Ellis v. Dover Elevator Co.

597 So. 2d 1 · Louisiana Court of Appeal · Jan 16, 1992

Furthermore, the instruction emphasized the "limited purpose" of establishing the amount paid by the compensation carrier. … Robert Reichart was qualified and accepted as an elevator inspector. He inspected elevator number six on two occasions following the accident.

Landry v. Bill Garrett Chevrolet, Inc.

430 So. 2d 1051 · Louisiana Court of Appeal · Jun 27, 1983

The test established by Frye provides that scientific evidence should be admissible only when "... the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular … We prefer to rely on established rules of evidence dealing with competency and credibility.

Keys v. Mercy Hosp. of New Orleans

485 So. 2d 514 · Louisiana Court of Appeal · Feb 20, 1986

All of the defendants were qualified health care providers under R.S. 40:1299.41, et seq., so the matter was presented to a medical review panel consisting of two obstetricians, Dr. Philip Krupp and Dr. … that the finding is not clearly wrong (manifestly erroneous)."

Washington Parish Government v. Reed

2011 La.App. 1 Cir. 1144 · Louisiana Court of Appeal · Mar 23, 2012

R.S. 42:1, an assistant district attorney would qualify as a public officer, and thereby an “official” for purposes of La. … R.S. 23:1034, since the position of assistant district attorney is established in both the constitution and laws of this state.

Robert S. Robertson, Ltd. v. State Farm

921 So. 2d 1088 · Louisiana Court of Appeal · Jan 17, 2006

This refers to an error by the arbitration judge which is obvious and capable of being readily and instantly perceived by an average person qualified to serve as an arbitrator. Louisiana Physician Corp. v. … The jurisprudential rule implies that the arbitration judge appreciates the existence of a clearly governing legal principle but decides to ignore or pay no attention to it.

King of Hearts, Inc. v. Wal-Mart Stores, Inc.

660 So. 2d 524 · Louisiana Court of Appeal · Aug 23, 1995

He qualified as an expert in the field of civil engineering, encompassing expertise in the field of sewer design, construction, and operation. … The jurisprudence has clearly established that a "defect" for purposes of strict liability is defined as an imperfection which is more or less permanently attached to or incorporated into the thing. Villaronga v.

Sibley v. BD. OF SUPERVISORS OF LA.

490 So. 2d 307 · Louisiana Court of Appeal · May 28, 1986

Despite counsel's allegations that the interns and residents were making treatment decisions, the record clearly shows that they constantly conferred with Dr. … In short, the evidence, while clearly supporting a finding of medical malpractice, does not support a conclusion that the hospital breached its duty to Miss Sibley.

State v. Winn Parish School Board

9 So. 2d 342 · Louisiana Court of Appeal · Jun 2, 1942

He established residence there. Relator with the two children remained in Delhi. Soon thereafter relator and her husband interviewed Mr. D.E. … These facts clearly disclose that she was not the board's employee and the motion is wholly impotent to alter this fixation.

Mederos v. St. Tammany Parish Government

2015 La.App. 1 Cir. 1602 · Louisiana Court of Appeal · Jul 11, 2016

Montgomery subsequently denied Mederos’s request for a grievance hearing on August 28,2013, stating that because Mederos had elected to retire rather than be terminated, she did not qualify for rights under the grievance … The Parish personnel policies clearly provide that grievances may be filed for: demotion or reassignment that involves a decrease in salary; suspension; or discharge as a result of disciplinary action.

Blake International U.S.A. Rigs, L.L.C. v. State

2015 La.App. 1 Cir. 0164 · Louisiana Court of Appeal · Sep 18, 2015

As explained by the trial court in its oral reasons for judgment, the LQJPA’s statutory scheme very clearly requires that an entity may seek rebates only after a LQJPA contract has been executed. … establishment, on such terms and conditions as LBCI, with the approval of the governor, deems in the best interest of the state.

Scott v. Bank of Coushatta

512 So. 2d 356 · Supreme Court of Louisiana · Sep 11, 1987

Accordingly, the burden of proof for establishing a novation is on the person who asserts it. Placid Oil Co. v. … The Bank's conduct in this case clearly established that it had no right to rely on Langford's representations of agency and authority, whether made fraudulently or with reckless disregard of their veracity.

Barringer v. Robertson

994 So. 2d 156 · Louisiana Court of Appeal · Oct 31, 2008

It is well established in matters of statutory interpretation that courts begin with the plain language and structure of the statutes. See LSA-C.C. art. 9; LSA-R.S. 1:4. … Clearly, Supple was currently unable to perform the LPN duties that she was hired to perform for LCIW.

Jordan v. Honea

407 So. 2d 503 · Louisiana Court of Appeal · Nov 23, 1981

However, as we have seen, the use of the words "delivered or issued" in the Louisiana statute clearly indicates that an insurance policy is contemplated. … By qualifying as a self-insurer, Browning-Ferris chose to insure itself for all automobile liability coverage, including UM coverage.