Case law

Hebert v. Southwest La. Elec. Mem. Corp.

667 So. 2d 1148 · Louisiana Court of Appeal · Dec 27, 1995

An additional element of proof must be established when a strict liability claim is asserted against a public entity. … He was qualified and his opinion was not based upon an incorrect assumption of facts.

State v. Collins

242 La. 704 · Supreme Court of Louisiana · Feb 19, 1962

Clearly there is no merit to' this contention. … Sturm, the expert medical witness qualified in psychiatry, to refer to all medical reports and medical opinions which were developed while the defendant was under Dr.

Hurd v. McKeithen

663 So. 2d 537 · Louisiana Court of Appeal · Oct 31, 1995

Hurd is qualified to be a candidate for the vacancy and alleges that he is a prospective candidate for that vacant judgeship. … Because the legislature is entitled to exercise powers not clearly and specifically denied by the constitution, when a court reasonably can do so, it must construe statutes so as to preserve their constitutionality.

Redmond v. Ouachita Coca-Cola Bottling Company

76 So. 2d 553 · Louisiana Court of Appeal · Dec 1, 1954

Responsive to appropriate proceedings plaintiff was later appointed, qualified and was confirmed as natural tutrix of the said minor. … The principle which is applicable in this connection was clearly stated in an opinion by Judge Janvier in Piacun v.

Nabors Drilling USA v. Davis

857 So. 2d 407 · Supreme Court of Louisiana · Oct 21, 2003

In order to assist the employer in meeting its statutory burden of establishing that it "knowingly" hired a worker with a preexisting permanent partial disability so as to qualify for reimbursement from the second injury … That conclusion is not clearly wrong, but is, in fact, amply supported by the record evidence. The medical records of Dr.

Viera v. Kwik Home Services, Inc.

266 So. 2d 732 · Louisiana Court of Appeal · Nov 16, 1972

But in Louisiana parties and their attorneys enjoy only a qualified privilege, subject to the requirement that statements made by them in judicial proceedings must be material and must be made without malice and with probable … Gosserand, supra, clearly shows that one purpose of that holding was to bring the law relative to libel cases springing from civil proceedings into consistency with the law relative to actions for damages for malicious prosecution

Bodcaw Lumber Co. v. Bonnette

135 La. 369 · Supreme Court of Louisiana · May 11, 1914

That this land, at the time of the definite ■ location of the railroad down to the present time, was continuously occupied by an actual settler, who was qualified at the time of his occupancy of said land to make a homestead … next argues that the prescriptive term embraced in the act of March 2, 1896, is without application here for the reason that the land in question was occupied by an actual settler at the time that the line of railroad was established

Smith v. Louisiana Farm Bureau Cas. Ins. Co.

603 So. 2d 199 · Louisiana Court of Appeal · May 20, 1992

In other words, the defendants have the burden of establishing by compliance [sic] of the evidence that the plaintiff in this case fails to conform to the standard and by that failure contributed to her injury. … To qualify as a "demand" for purposes of imposition of statutory penalties and attorney's fees for arbitrarily refusing to pay medical expenses, the communication must fully inform the insurer of the plaintiff's intention

Wright v. SOUTHWESTERN LIFE INSURANCE COMPANY

364 F. Supp. 981 · District Court, W.D. Louisiana · Aug 1, 1972

The evidence clearly shows that that phrase was not meant to give Wright an exclusive position with the Company in writing tax-sheltered annuities. … a) No service commissions will be allowed with respect to any policy unless the application on which it is issued is received by the Company at its Home Office in a contract year of the basic contract in which the Agent qualifies

Christina James Worms, Julien Georges Pierre Worms, and Picardie Timber Frame, LLC v. Toni Denise Barnard and Douglas Barnard

Louisiana Court of Appeal · Jun 20, 2024

“Thus, we review this matter to determine whether the trial court’s ‘finding of fact ... is clearly wrong in light of the record reviewed in its entirety.’” Id. … been made certifying that the sheriff has been unable to make service, whichever is earlier, on motion of a party the court shall appoint a person over the age of majority . . . whom the court deems qualified

Johnco, Inc. v. Jameson Interests

98 La.App. 3 Cir. 1925 · Louisiana Court of Appeal · Jun 23, 1999

Young, 456 So.2d 622 (La. 1984), the Louisiana ^Supreme Court declared that a person does not qualify as negotiorum gestor unless he undertakes the management with the “benefit” of the owner in mind. … As such, the trial court was not clearly wrong or manifestly erroneous in finding that co-ownership did not exist.

Succession of Harvey v. Dietzen

716 So. 2d 911 · Louisiana Court of Appeal · Jun 24, 1998

Harvey as administratrix of the succession but she never qualified for that position. … In that case the bank allowed the husband to mortgage the property without the wife's consent where the wife's signature was clearly necessary.

Angelo Iafrate Const., LLC v. STATE, DOTD

879 So. 2d 250 · Louisiana Court of Appeal · May 14, 2004

There was no intent on the part of the legislature to qualify, in any way, the right of access. … Clearly, under established Louisiana jurisprudence, private employees' names and addresses in the custody of a public agency are not afforded constitutional protection when disclosure is sought under the Act.

Harper v. Smith

968 So. 2d 321 · Louisiana Court of Appeal · Oct 24, 2007

Cummings was qualified to perform the surgery that Rev. Finley needed. There is also no dispute that FMC did not have a full-time surgery team and that most of the surgery performed at FMC is elective. … that the fact finder is clearly wrong or manifestly erroneous.

Quarles v. Jackson Parish Police Jury

482 So. 2d 833 · Louisiana Court of Appeal · Jan 22, 1986

The duly qualified administratrix of the succession of Hayward C. Quarles, Mrs. Lennie W. Quarles, has been substituted as plaintiff. Mr. Quarles was a justice of the peace in Jackson Parish. … The record clearly establishes that the intent of the Jackson Parish Police Jury on February 8, 1982, was to approve a monthly allowance for the appellant's office expense.

Joseph Waguespack v. New Orleans Police Department

Louisiana Court of Appeal · Nov 30, 2022

Whitaker, [20]03-0512 at p. 5, 863 So.2d at 576. 4  • On appeal, the standard of review is established by the constitutional rule that the Commission … He did not believe answering questions about a private conversations fifteen years prior would qualify as a “matter of the department” as stated in the rule, and thus would not constitute a violation. Capt.

Robledo v. Orr Motors of Louisiana, Inc.

582 So. 2d 892 · Louisiana Court of Appeal · Jun 19, 1991

Keith Orr testified Robledo was only "concerned about his income flow" because the new dealership's customer base was not yet established. … Thus, for example, the provisions of Article 1450 of the Code of Civil Procedure, governing the uses of depositions, must be read as qualified by the provisions of this Code.

State of Louisiana v. Calvin Horton

Louisiana Court of Appeal · Nov 18, 2020

Appellate courts apply a two-pronged test when reviewing a sentence for excessiveness: (1) whether the trial court adequately considered the guidelines established in La. C. Cr. … Where the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with La. C. Cr. P. art. 894.1. State v.

State v. Armstard

991 So. 2d 116 · Louisiana Court of Appeal · Aug 13, 2008

In cases in which the state cannot establish an essential element of the offense under any set of facts conceivably provable at trial, the motion to quash is the proper procedural vehicle. State v. … We begin our analysis with the statutory text and the well-established rules of construction of criminal statutes in this state.

Greyhound Lines, Inc. v. City of New Orleans Ex Rel. Department of Public Utilities

29 F. Supp. 2d 339 · District Court, E.D. Louisiana · Dec 3, 1998

Greyhound’s operations clearly qualify as charter service. Although the term is not defined, the Department of Transportation has consistently defined the term in a variety of contexts. … As the Court has determined that Greyhound was operating a charter service, the certification requirement clearly would relate to charter transportation.