Case law

Susan Arrington, Etc. v. Er Physicians Group, Apmc

Louisiana Court of Appeal · Sep 27, 2006

In order to qualify for the Act, a patient must first go through a Medical Review Panel rather than go directly to the courts. … [and] [t]his presumption continues until the party challenging the act’s constitutionality establishes that it contravenes some provision of the state or federal constitution.” Everett v.

Marange v. Custom Metal Fabricators, Inc.

11 La.App. 3 Cir. 743 · Louisiana Court of Appeal · Nov 2, 2011

that the finding is clearly wrong (manifestly erroneous). … Mar-ange failed to establish his case by a preponderance of the evidence. We disagree.

ORX Resources, Inc. v. MBW Exploration, L.L.C.

32 So. 3d 931 · Louisiana Court of Appeal · Feb 10, 2010

Wash-auer is statutorily immune from personal liability and was not a proper party defendant. … Therefore, we cannot say that the district court clearly abused its discretion based on the record before us.

State v. Bolden

680 So. 2d 6 · Louisiana Court of Appeal · Apr 17, 1996

The high court reviewed the record from the original murder trial and made the following analysis of the facts in light of well-established jurisprudence. … On January 17, 1995, the court called potential jurors into the courtroom and proceeded to qualify the jury. The defendant had waived his presence as to the "initial qualifying" of the voir dire.

Yokum v. Nicholas S. Karno II, Inc.

126 So. 3d 723 · Louisiana Court of Appeal · Oct 23, 2013

The April 20, 2012 judgment clearly stated that “Nicholas S. … Yokum argues that Anderson has resided at that address since 1993, and most certainly qualifies as a “neighbor” to the offending property (Old Opera House). La.

Advocacy Center for the Elderly & Disabled v. Louisiana Department of Health & Hospitals

731 F. Supp. 2d 603 · District Court, E.D. Louisiana · Aug 9, 2010

physicians or, in lieu of one physician, a qualified clinical or medical psychologist with experience or training in forensic evaluations. 7 This commission examines the defendant and issues a report. … It will admit the portions of the declarations that relate to W.B.’s statements for the purpose of establishing that the statements were made, because this use is relevant to establish W.B.’s state of mind. B.

Burns v. CLK Investments V, L.L.C.

2010 La.App. 4 Cir. 0277 · Louisiana Court of Appeal · Sep 1, 2010

To conclude on the requirement that a plaintiff must establish that the thing, here the ramp, presents an unreasonably dangerous consideration, we consider former La. … Burns herself and by Ladd Ehlinger, a forensic architect, qualified by the court as an expert in the "field of architecture including how people move through spaces and causation of accidents only as it relates to architectural

Lalla v. City of New Orleans

161 F. Supp. 2d 686 · District Court, E.D. Louisiana · Apr 4, 2001

To qualify as a “prevailing party” under § 1988(b): “[A] civil rights plaintiff must obtain at least some relief on the merits of his claim. … It must be observed that in Brady , the case was initially appealed following a denial of qualified immunity to defendants on summary judgment, remanded to the district court for trial, tried to a jury, a post-trial motion

State v. Vice

997 So. 2d 904 · Louisiana Court of Appeal · Dec 10, 2008

However, La.R.S. 15:438 does not establish a stricter standard of review on appeal than the rational juror's reasonable doubt standard. … charged with one count of extortion, a violation of La.R.S. 14:66, which provides: Extortion is the communication of threats to another with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity

Rebel Distributors Corp. v. Luba Workers' Comp.

12 La.App. 3 Cir. 909 · Louisiana Court of Appeal · Mar 6, 2013

Thomas Clinic are qualified Health Care providers in the state of Louisiana[.]” … The June 29, 2007 contract clearly did not establish a mandate relationship between Physician Partner and Dr. Heard/Clinic. As previously stated, it was an assignment in full ownership of the accounts arising from Dr.

Duplechain v. Jalili

10 La.App. 3 Cir. 736 · Louisiana Court of Appeal · Dec 8, 2010

Once a qualified health care provider or its insurer pays $100,000.00 to a medical malpractice victim, the liability of the health care provider is to be considered as admitted and established pursuant to the statute regarding … The Medicaid statutes clearly recognize the recovery efforts of the attorney.

Gwen Fontenot and Renee M. Brown v. Todd P. McKellar

Louisiana Court of Appeal · Aug 23, 2023

At the hearing, both plaintiffs introduced evidence to establish that they are qualified electors of House District 38 and have standing to bring this action. … When the “qualifications for an office include a residency or domicile requirement, a candidate shall meet the established length of residency or domicile as of the date of qualifying.” La.R.S. 18:451.

Succession of McBurney

162 La. 758 · Supreme Court of Louisiana · Oct 5, 1926

The will was •probated, and the three executors named *761 were confirmed and qualified on September 8, 1924. … The act of the testatrix clearly evidenced an intention of revocation. It is contended on behalf of the Presbyterian Hospital that the withdrawal of the funds from the two banks was the voluntary act of Dr.

Dual Drilling Co. v. MILLS EQUIPMENT INVS., INC.

705 So. 2d 1246 · Louisiana Court of Appeal · Jan 7, 1998

wrong based on the evidence, or clearly without evidentiary support. … The testimony clearly establishes that this rig was one of only 18 of its type ever manufactured, and no general after-market exists from which a used replacement might be obtained.

Succession of Bertaut

572 So. 2d 142 · Louisiana Court of Appeal · Nov 14, 1990

This error does not make the provision defective because it clearly states the substance of a cause for disinherison under La.C.C. art. 1621(12). See Ambrose Succession v. Ambrose, 548 So.2d 37 (La.App. 2nd Cir.1989). … The duly qualified testamentary executor of the Succession of Shelly M. Barto, William J. Oberhelman, Jr., was substituted as the appellant in these proceedings. [2] The record reveals that prior to World War II Mr.

Ruiz v. Oniate

713 So. 2d 442 · Supreme Court of Louisiana · May 19, 1998

Plaintiff urges this court to adopt this reading since the MLSSA establishes provisions in derogation of common or natural rights and therefore must be strictly interpreted and not extended beyond its obvious meaning. … This amendment, affecting substantive rights, was clearly not retroactive. See Martino v.

Succession of Vicknair

126 So. 2d 680 · Louisiana Court of Appeal · Jan 23, 1961

Lehmann, Jr., a Notary Public, duly commissioned and qualified, in and for the Parish of Saint Charles, State of Louisiana, and therein residing, and in the presence of the five named and undersigned witnesses, all competent … There is no testimony establishing that Mrs. Georgel used duress, force or undue influence on the testator or testatrix.

Johnson v. Berg Mechanical Industries, Inc.

847 So. 2d 216 · Louisiana Court of Appeal · May 16, 2003

Moreover, Johnson did not establish that the WCJ abused her great discretion in refusing to continue the trial based upon *223 a good ground. … Evidence can qualify as “competent evidence,” provided that the evidence has some degree of reliability and trustworthiness and is of the type that reasonable persons would rely upon.

Opinion Number

Louisiana Attorney General Reports · Jul 6, 2001

The statute clearly states All Necessary and Unavoidable expenses , be paid by the police jury." … In that case, a lawyer qualified for, and was elected, Coroner for the Parish of St. Landry. He then brought a lawsuit against the St.

Culpepper v. Slater

131 So. 2d 76 · Louisiana Court of Appeal · Jun 1, 1961

The showing made in the instant case is inadequate, in our opinion, to establish voluntary or unconditional acquiescence in the judgment or to establish that the appellants had the intention to abandon the appeal. … This is very clearly expressed in Cross on Successions, §35, as follows: "`The seisin of the succession representative operates merely to protect his title as detainer of the property for the purpose of his administration