Case law

Schwab for & on Behalf of Schwab v. Galuszka

463 So. 2d 737 · Louisiana Court of Appeal · Jan 11, 1985

La.R.S. 9:397 provides: "The tests shall be made by experts qualified as examiners of blood types who shall be appointed by the court. … Clearly the purpose of the chain of custody evidentiary rule is to prevent evidence from being tampered with, or being lost, etc.

GRAMBLING STATE UNIVERSITY v. Walker

31 So. 3d 1189 · Louisiana Court of Appeal · Mar 3, 2010

Factual findings in worker’s compensation cases are subject to the manifest error or clearly wrong standard of appellate review. Banks v. … “Substantive laws,” for purposes of determining whether a law should be applied retroactively, are those which establish new rules, rights, and duties, or change existing ones. Brown v.

Starnes v. Police Jury of Rapides Parish

27 So. 2d 134 · Louisiana Court of Appeal · May 27, 1946

Lewis Ates, the duly elected, commissioned and qualified police juror from Ward 10 of the Parish of Rapides, being the ward in which the said roadway is located. … And, finally, we find that the evidence clearly fails to establish an intent on the part of the Police Jury to abandon the old road. [5] Regardless of any agreement with an individual police juror, we hold it to be conclusively

Succession of Loney Landry.

Louisiana Court of Appeal · Dec 3, 2025

If illness has impaired the donor’s mind and rendered him unable to understand, then that evidentiary fact will establish that he does not have donative capacity.… Clearly, no quick … Katz failed to properly ascertain whether Amaya Miller, the witness to the testament, was duly qualified to act in such capacity.

Grow v. Transocean Contractors, Inc.

610 So. 2d 830 · Louisiana Court of Appeal · Oct 16, 1992

Generally, negligence is defined as conduct which falls below the standard established by law for the protection of others against an unreasonable risk of harm. Dobson v. … (citations omitted) Under the duty-risk analysis in negligence actions, for liability to attach, the plaintiff must establish that: 1. The conduct of which plaintiff complains was a cause in fact of the harm; 2.

Siemann v. Teston

517 So. 2d 242 · Louisiana Court of Appeal · Nov 10, 1987

For these reasons we do not find the jury verdict clearly wrong. … This opinion, therefore, seems clearly within the purview of accident investigation, and as such was properly admissible.

Duvalle v. Lake Kenilworth, Inc.

467 So. 2d 850 · Louisiana Court of Appeal · Dec 10, 1984

The facts of this case do not establish that pest control is an integral part of the business of renting apartments (as it is of the rice warehouse business, Meche v. Farmers Drier and S. … The majority position seems clearly correct. No other interpretation could be made without violence to the language of this section when taken in its entirety...." (Emphasis added.)

Lemann v. Mutual Life Ins. Co. of NY

523 So. 2d 948 · Louisiana Court of Appeal · Apr 12, 1988

Louisiana has established, for reasons of public policy, certain communications which are privileged and excluded from evidence. … They are immunized from liability if they dissiminate an insured's medical information.

Maynard v. Hatfield

10 La.App. 3 Cir. 162 · Louisiana Court of Appeal · Jun 2, 2010

To the contrary, the record clearly indicates that Mr. Hatfield had previously filed a Motion for Summary Judgment on the issue of whether Mr. … Hatfield failed to establish that Mr. Maynard’s use of Pike Electric’s vehicle was an incident of his employment with Pike Electric. Consequently, genuine issues of material fact remain as to whether Mr.

Wall v. Community Improvement Agency

343 So. 2d 229 · Louisiana Court of Appeal · Feb 14, 1977

From the record it appears that the standards of performance were clearly established and were made known to Mr. Wall. On numerous occasions supervising personnel counseled with Mr. … It is clearly established that Mr. Wall’s work production level was unsatisfactory. Accordingly, we affirm the opinion of the Commission at appellant’s costs. AFFIRMED.

Fisher v. Department of Social Services

600 So. 2d 1368 · Louisiana Court of Appeal · May 22, 1992

Fisher alleges essentially that she is more experienced and better qualified for the position than the person who received the appointment. … Fisher's application for review herein, rather than granting it, the present situation is clearly inapposite to the situation in Schneider . For these reasons, Ms.

Christos Manuel v. Fat Catz Music Club, Inc.

Louisiana Court of Appeal · Aug 3, 2022

Roger issued his report clearly indicating that it is based on documents provided by the plaintiff or his business advisors and that he did not compile, review, or audit any financial information. … Roger conceded he had never been qualified as an expert in the field of business evaluation, including a business’s chance of success. Mr.

DJ Talley & Son, Inc. v. City of New Orleans

303 So. 2d 195 · Louisiana Court of Appeal · Nov 7, 1974

A dispute arose when the next lowest bidder protested that Talley's bid was irregular and that Talley was not a properly qualified bidder. … Board of Commissioners, 159 La. 360 , 105 So. 372 (1925), in discussing a similar statute stated the following: "The case is clearly with the plaintiff on the merits.

Cooper Stevedoring Co. v. Secretary Department of Revenue & Taxation

555 So. 2d 32 · Louisiana Court of Appeal · Dec 19, 1989

Due to this fact, the Department concludes Cooper can not be considered to be engaged in “foreign or interstate coastwise commerce” as required to qualify for the exemption. … Citation omitted 435 U.S. at 743 , 98 S.Ct. at 1395 Accordingly, we find the stevedoring services performed by Cooper are clearly part of interstate or foreign commerce as these terms are generally understood.

Branton v. WEBSTER PARISH SCHOOL BD.

596 So. 2d 840 · Louisiana Court of Appeal · Mar 20, 1992

Louisiana's present constitutional and statutory scheme clearly allows the inclusion of all registered voters in elections of the type presently under consideration. Art. … VI, § 22 by establishing a uniform procedure to conduct elections to authorize the issuance of bonds, the assumption of indebtedness, and the imposition or increase of taxes by a political subdivision.

Standard Materials, Inc. v. ADM'R, DIV. OF EMPL., ETC.

401 So. 2d 400 · Louisiana Court of Appeal · Apr 13, 1981

Under the provisions of R.S. 23:1601(4), as long as the claimants' unemployment was due to the labor dispute they were disqualified for unemployment benefits; and, in order to qualify for such benefits it was encumbent upon … After reviewing the record below, we find that the evidence clearly supports the referee's finding. In fact, there is no evidence in the record which would contradict this finding.

Mustiful v. State ex rel. Board of Trustees for State Colleges & Universities

347 So. 2d 516 · Louisiana Court of Appeal · Jun 22, 1977

Defendant’s position is that the answers to plaintiff’s interrogatories and the testimony adduced at trial clearly establish plaintiff was simply the victim of a forced reduction in Grambling’s expenditures. … However, she explained the new teacher taught additional courses plaintiff was not qualified to teach.

Dunhill of Lafayette, Inc. v. Marion Corp.

390 So. 2d 224 · Louisiana Court of Appeal · Oct 8, 1980

Art. 2278(3) that a promise to pay the debt of a third person cannot be established by parol. … Chalmers later signed an affidavit to the effect that no bona fide order was made, does not create a genuine issue of fact as his deposition clearly establishes that such an order was placed by him with Dunhill for that position

Cambre v. St. John the Baptist Parish

12 La.App. 5 Cir. 590 · Louisiana Court of Appeal · May 16, 2013

the trier of fact is manifestly erroneous or clearly wrong. … Appellants’ expert, George Corcoran, was qualified as an expert real estate appraiser.

Atkinson v. Lammico Insurance Co.

11 La.App. 3 Cir. 13 · Louisiana Court of Appeal · May 4, 2011

All other tort liability by a qualified health care provider is subject to the general law of torts. Id. … Young Both the MMA and the Coleman factors clearly contemplate that the conduct occurs within the context of a patient-physician relationship.