Case law

Andrews v. Nexion Health Management, Inc.

District Court, M.D. Louisiana · Feb 26, 2025

App. 1 Cir. 12/27/23), 381 So.3d 98, 107 (“As the party filing the exception, the burden was on [the defendant] to prove prematurity and initial immunity from suit as a qualified health care provider under the [L]MMA.” … While Plaintiffs do not clearly claim that Defendants intended to injure Mr.

Knight v. Gould

2010 La.App. 1 Cir. 1355 · Louisiana Court of Appeal · Mar 25, 2011

Gould, though the defendant in this matter, was also qualified as an expert in radiation oncology and testified that he always recommends that the patient see his dentist. … Gould clearly did not make an express acknowledgement of an adverse fact, as argued by the plaintiffs.

Sunrise Shipping Agency, Inc. v. Universal Maritime Services, Ltd.

96 La.App. 4 Cir. 2703 · Louisiana Court of Appeal · Oct 1, 1997

We find the evidence contained in the record does not establish the requisites for specific jurisdiction. … Clearly, these contacts are insufficient to establish the minimum contacts necessary for Louisiana to exercise personal jurisdiction over Endeavor under a general jurisdiction analysis.

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.

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.

State v. Ross

343 So. 2d 722 · Supreme Court of Louisiana · Mar 7, 1977

They clearly maintained that defendant had never been threatened, coerced, physically abused or promised anything in order to induce his confession. … It must also be established that an accused who makes a confession during custodial interrogation was first advised of his Miranda rights. Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).

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.

Keith William MacKmer v. the Estate of Frank Angelle, Jr.

Louisiana Court of Appeal · Dec 10, 2014

Mackmer asserted that the undisputed facts established that Mr. … Did the trial court err by admitting an affidavit into evidence that the affiant admitted in his deposition was not based on personal knowledge and was clearly contradicted by the affiant’s deposition

Brossett v. State ex rel. Department of Transportation & Development

467 So. 2d 121 · Louisiana Court of Appeal · Apr 10, 1985

As we noted above, such findings of fact should be upheld unless they are clearly wrong, based on the record taken as a whole. The trial judge was not clearly wrong. … The residual impairment provision was first interjected into this case when DOTD, in its post trial memorandum, suggested that this was the only possible workers’ compensation provision under which plaintiff might qualify

Horil v. Scheinhorn

663 So. 2d 697 · Supreme Court of Louisiana · Nov 27, 1995

Noting that he had previously settled his claims with the original defendants who had been qualified health care providers, Horil now professed a right to proceed directly against the Fund. … Here, Horil clearly did not comply with that mandated procedure, and the subsequent amending petition failed to state a cause of action against the Fund.

Derrick Gabriel v. Louisiana Organ Procurement Agency

Louisiana Court of Appeal · Sep 20, 2023

In Gabriel, this court affirmed the motion for summary judgment filed by LOPA that established that Dr. Ramcharan was not its employee. On May 11, 2022, Dr. … Louisiana Revised Statutes 17:2354.6(A) immunizes qualified individuals from civil, criminal, and administrative action from loss or damage caused by an act or omission when those individuals act in good faith.

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.

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)."

Peterson Contractors, Inc. v. Herd Producing Co., Inc.

811 So. 2d 130 · Louisiana Court of Appeal · Feb 27, 2002

A court of appeal may not set aside a trial court's findings of fact in the absence of manifest error or unless it is clearly wrong. Stobart v. State, through Dept. of Transp. and Development, 617 So.2d 880 (La.1993). … In order to recover the contract price, a contractor must establish that he has substantially performed the construction contract. Design & Corrosion Eng'g v.

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.

Anderson v. State

916 So. 2d 431 · Louisiana Court of Appeal · Nov 2, 2005

The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents. (Emphasis added.) … Thus, the Louisiana Constitution mandates that the Legislature, not the Governor, enact legislation to provide indigent defendants with qualified legal counsel.

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.

Pitre v. Secretary of State

2001 La.App. 3 Cir. 477 · Louisiana Court of Appeal · Apr 19, 2001

The petition to recall the election results and for injunctive relief, alleged that many of the qualified voters who usually vote, did not vote in this election. … They argue the judgment was rendered at 6:10 P.M. on April 16, 2001, and that the plaintiff did not file his appeal until 9:06 A.M. on April 18, 2001, which is beyond the twenty-four hour time limit established by La.R.S.

Osorio

District Court, E.D. Louisiana · Feb 5, 2026

“Sovereign immunity is jurisdictional in nature.” F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994). “Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” Id. … The government submits that “[r]egardless of what specific words [p]laintiff uses to describe her allegations against Comeaux and Crescent Care, she is clearly alleging that they, and therefore the United States, by posting

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.