Case law

Lyons v. Jahncke Service, Inc.

125 So. 2d 619 · Louisiana Court of Appeal · Dec 19, 1960

Defendant argues Articles 670 and 2322 are clearly and patently inapplicable inasmuch as they expressly deal exclusively with liability of owners of buildings to third persons injured because of failure to maintain same in … At this juncture we wish to point out that we consider the issue of defendant's alleged contractual immunity from liability, predicated upon the terms of the bailment contract, wherein bailee purported to hold defendant harmless

Louise Frederick Versus St. Charles Surgical Hospital, LLC C/W Louise Frederick Wife of/and Steven Frederick Versus St. Charles Surgical Hospital, LLC

Louisiana Court of Appeal · Dec 23, 2024

Such a reading of the peer review committee privilege is clearly too expansive in light of our decision in Smith ...” and instructed the trial court to re-examine, in-camera, if necessary, the discovery requests made by … We construe immunity statutes strictly against the party claiming immunity, and we construe any doubts against the application of immunity based on a specific set of facts. Tebault v. E. Jefferson Gen.

State of Louisiana v. Robert Leroy McCoy

218 So. 3d 535 · Supreme Court of Louisiana · Oct 19, 2016

The record clearly reveals the defendant’s awareness of Mr. … (We note that the instant case is clearly distinguishable from Foster v.

Bridges v. Cepolk Corp.

13 La.App. 3 Cir. 1051 · Louisiana Court of Appeal · Feb 12, 2014

“Exemptions from taxation are to be strictly construed against the person claiming the exemption[,] and they must be clearly and affirmatively established.” Bill Roberts, Inc. v. … Exemptions from taxation are to be strictly construed against the person claiming the exemption and they must be clearly and affirmatively established. Cajun Electric Power Cooperative, Inc. v.

Highland Clinic, A Professional Medical Corporation v. Manish Dhawan, M.D.

Louisiana Court of Appeal · Sep 27, 2023

Dhawan qualified for any funding beyond what was provided in Phase I. Dr. Dhawan testified that he was busy in the last few months of his employment with Highland in 2019. … To reverse the trial court’s determinations, the appellate court must find that a reasonable factual basis does not exist for the finding of the trial court and that the record establishes that the finding is clearly wrong

Aaron's, Inc. v. Norman S. Foster, Director of Finance and Ex-Officio Tax Collector of Orleans Parish; Errol G. Williams, Assessor for Orleans Parish; And the Louisiana Tax Commission

Louisiana Court of Appeal · Sep 25, 2019

Hester, 219 La. 763, 54 So. 2d 12 (La. 1951),1 we find a plain reading of the constitutional provision intended that the owner of the personal property is the party required to use the item in his/her home in order to qualify … This sentence clearly demonstrates that the legislature intended that rental-purchase agreements be deemed sales for state and local sales tax purposes.

Saad v. United States Department of Agriculture

District Court, E.D. Louisiana · Jan 28, 2025

More specifically, it determined that the store did not qualify for the less punitive CMP because it failed to submit any evidence “to demonstrate that the firm had established and implemented an effective compliance policy … The Court’s decision is further bolstered by the fact that the Plaintiffs’ complaint does not even allege any facts to establish that they would have qualified for a CMP. See Hallak v.

Lydia A. Bonnette v. Tunica-Biloxi Indians D/B/A Paragon Casino Resort

Louisiana Court of Appeal · Mar 24, 2004

While there is some support for a waiver of immunity by the Tribe in the Tribal-State Compact, that support is too ambiguous. A waiver of immunity must be clearly expressed and unequivocal. Kiowa Tribe of Oklahoma v. … Rather than remand for a full hearing to establish the relationship of the parties, I would reverse and render judgment.

Thurman William Dunn v. Tunica-Biloxi Indians of Louisiana D/B/A Paragon Casino Resort

Louisiana Court of Appeal · Mar 24, 2004

While there is some support for a waiver of immunity by the Tribe in the Tribal-State Compact, that support is too ambiguous. A waiver of immunity must be clearly expressed and unequivocal. Kiowa Tribe of Oklahoma v. … Rather than remand for a full hearing to establish the relationship of the parties, I would reverse and render judgment.

Redding v. Wilson & Co.

6 La. App. 27 · Louisiana Court of Appeal · Mar 28, 1927

Gravel Logging Co., 152 La. 993 , 95 So. 99 ; that the right to control and supervise the work of the injured person establishes the difference between a servant and an independent contractor. … National Packing Co., 141 La. 903 , 75 So. 837 , enunciated a rule clearly applicable to this case.

Woodfox v. Cain

926 F. Supp. 2d 841 · District Court, M.D. Louisiana · Feb 26, 2013

The parties also disagree about which test is more appropriate to establish underrepresentation. … we would conclude that the presumption established by the prima facie test was not rebutted.”

Harris v. Olivier's Contractors

14 La.App. 3 Cir. 765 · Louisiana Court of Appeal · Dec 10, 2014

mind that under the scheme of the Workers’ Compensation Act, an employee losses his right to full damages for his injury and instead receives compensation measured as a percentage of wages while the employer surrenders the immunity … It would be |4ridiculous for an employee to establish the negligence of the employer when the employee has already pursued his workers’ compensation action in the Office of Workers’ Compensation, established his rights to

Succession of Brown

27 La. 328 · Supreme Court of Louisiana · Apr 15, 1875

Brown, and Gilbert Hawkins, who qualified in October, 1859, died — the former in September, 1864, the latter previous to that time. James A. … We are not satisfied that the evidence clearly establishes a case like that of Lee, 4 An. 518, where the administrator was deprived of his commissions because his administration had been positively injurious to the succession

State v. Addison

920 So. 2d 884 · Louisiana Court of Appeal · Dec 27, 2005

"The trial court's decision to deny a motion to suppress is afforded great weight and will not be set aside unless the preponderance of the evidence clearly favors suppression." State v. … Benton was *898 qualified to testify regarding delayed disclosure. Id. at 847.

Jackson v. United States Fid. & Guar. Co.

382 So. 2d 223 · Louisiana Court of Appeal · Mar 5, 1980

Clearly the testimony of Doctors Gaar and Ventre was more persuasive in deciding whether or not plaintiff was physically injured. … At several points during his testimony, Doctor Garr admitted that he was not qualified to psychologically evaluate Mr.

Succession of Launius

503 So. 2d 682 · Louisiana Court of Appeal · Mar 4, 1987

We do not agree that the trial court was manifestly erroneous in qualifying Doctor Rowden to testify as an expert witness. … Gallagher failed to establish by clear and convincing evidence that Edward B. Launius lacked testamentary capacity at the time he executed his testament. To support her case, Mrs.

Babcock v. New Orleans Baptist Theological Seminary

554 So. 2d 90 · Louisiana Court of Appeal · Nov 16, 1989

If the case does not warrant further action the continuity report will clearly state that no disciplinary action was taken. The student has the right to read the continuity report in its entirety. d. … Clearly, the Seminary was trying to dismiss Babcock from the school, not from the ministry, for it has no power to do the latter.

State v. Mills

2013 La.App. 1 Cir. 0573 · Louisiana Court of Appeal · Aug 27, 2014

The jury clearly rejected the defendant’s testimony, which was the only evidence that could have possibly supported his claimed defense of justification. … Here, the evidence established that instead of submitting and reporting to the authorities, the defendant fled.

State v. Young

552 So. 2d 669 · Louisiana Court of Appeal · Nov 1, 1989

The response to the motion for discovery clearly stated, "THE STATE WILL USE ALL MATTERS HEREIN DISCLOSED" and included copies of the certified lab reports as attachments. … We do not believe that tendering a lab report to a witness to enable him to refresh his memory qualifies as a leading question.

Larpenter v. Vera

District Court, E.D. Louisiana · Mar 19, 2025

This Court granted the motions, finding as to Kevin Larpenter’s claims that Vera was entitled to federal qualified immunity and state discretionary immunity. … On appeal, the Fifth Circuit Court of Appeals reversed on both federal and state qualified immunity findings.