Case law

Jalou II, Inc. v. Liner

2010 La.App. 1 Cir. 0048 · Louisiana Court of Appeal · Jun 16, 2010

There is no factual support sufficient to establish that [plaintiffs] will be able to satisfy [their] evidentiary burden of proof at trial in that [they are] unable to show that Jalou II’s report to police was not a “qualified … Malicious prosecution actions have never been favored in our law, and the plaintiff in such an action must clearly establish that the forms of justice have been perverted to the gratification of private malice and the willful

Jones v. Howard McCall, Inc.

12 La.App. 3 Cir. 558 · Louisiana Court of Appeal · Nov 7, 2012

Jones’ claims arise under general maritime law and the Jones Act, Louisiana’s manifest error/clearly wrong standard of review is applied on appeal. Milstead v. … As this standard of review is well established, we need not reiterate it here. Assignment of Error Number One ABCCO first argues that the jury erred in finding that Mr. Jones qualified as a Jones Act seaman.

Swartzlander v. Hunt Laboratory, Inc.

552 So. 2d 1339 · Louisiana Court of Appeal · Nov 15, 1989

The jury heard credible evidence from qualified experts on each side. For whatever reasons, the jury elected to side with the defendants’ experts. … The factual findings of the jury, particularly those based upon evaluations of credibility, should not be reversed on appeal unless clearly wrong. Bivalacqua v. Aube, 493 So.2d 209 (5th Cir.1986).

Philippe v. Lloyd's Aero Boliviano

589 So. 2d 536 · Louisiana Court of Appeal · Oct 18, 1991

The literature distributed to plaintiffs represented that this manager was a professional, qualified to serve travellers in all matters. … A contract is formed by the consent of the parties established through offer *543 and acceptance. La.C.C. art. 1927.

Lockwood v. Lockwood

256 So. 3d 399 · Louisiana Court of Appeal · Sep 19, 2018

The record does not establish that the Qualified Domestic Relations Order (QDRO) has been granted "qualified" status from the plan administrator or that the judgment has been approved by the appropriate federal or state authority … The record establishes that Ms.

Ring v. Decor Gravure Corp.

99 La.App. 3 Cir. 1965 · Louisiana Court of Appeal · Jun 7, 2000

The two-contract defense to tort immunity arises from reading La.R.S. 23:1061 in conjunction with La.R.S. 23:1032. … Since Section 1061 determines tort immunity, it follows that it also determines who is responsible for the payment of compensation benefits.

Thongsavanh v. Schexnayder

2009 La.App. 1 Cir. 1462 · Louisiana Court of Appeal · May 7, 2010

The jury was clearly wrong or manifestly erroneous in its apportionment of only 10% fault for the accident to plaintiffs husband. 5. … that the finding is clearly wrong (manifestly erroneous).

Wooley v. State ex rel. Department of Health & Human Resources

527 So. 2d 573 · Louisiana Court of Appeal · Jun 22, 1988

Some qualified person must tell us that the plaintiff’s job related activity could cause or contribute to her accident. … Unless the trial court’s factual findings of work causation were clearly wrong, we will not reverse such holding on appellate review. Boren v.

Miller v. Great Southern Oil and Gas Co., Inc.

503 So. 2d 679 · Louisiana Court of Appeal · Mar 4, 1987

supplemental earnings benefits because he failed to carry his burden of proving that he was unable to earn all or substantially all of his pre-injury wages; (2) holding Miller was entitled to rehabilitative services; and (3) qualifying … The record clearly shows that after he obtained his medical release, Miller certified that he was able to work and actively searched for employment in order to obtain unemployment compensation.

Romero v. Grey Wolf Drilling Co.

594 So. 2d 1008 · Louisiana Court of Appeal · Feb 12, 1992

Under those well established standards we may not disturb the trial court's factual findings absent a finding of manifest error under the clearly wrong test. … Rather, he bases his motion on the reasons she gave in turning him down which he contends shows he was not qualified for the job.

Doddie Smith v. Civil Service Commission

Louisiana Court of Appeal · Nov 27, 2019

Work also includes planning, organizing, directing and evaluating the performance of assigned staff; establishing performance requirements and personal development … The CSC maintains that while Appellant did not qualify for 5 increased pay pursuant to the CSC Rule IV, § 2.7(d), it recognized Appellant was a valued employee and, for that reason

Mitchell v. Newton

92 So. 2d 289 · Louisiana Court of Appeal · Jan 7, 1956

Except for one point the facts are established without dispute. After conclusion of the picnic festivities a group of the guests left the picnic grounds and made their way to a parking area some distance removed. … Meanwhile, Rosa, who was clearly the “dea in machina” of the entire occurrence, had entered defendant’s car, inserted the key in the ignition lock, turned the switch and pressed the starter button.

Ruttley v. Steiner

95 La.App. 5 Cir. 73 · Louisiana Court of Appeal · May 30, 1995

that the finding is not clearly wrong.” … Because the court of appeal has a constitutional function to perform, it has every right to determine whether the trial court verdict was clearly wrong based on the evidence, or clearly without evidentiary support.

Murphy J. Painter, Sr. v. Dustin Clouatre, Hughes Insurance Services, LLC, Pelican Post News, L.L.C., Wade Petite, Ricky Babin, ABC Insurance Company, Clint Cointment

Louisiana Court of Appeal · Jun 3, 2022

Painter and Clint Cointment qualified for a run- off election, from which Painter withdrew. … , where prosecutors act in an investigatory, administrative, ministerial or other role that has no functional tie to the judicial process, only a qualified immunity is afforded.

Rayner v. W. Horace Williams Co.

9 So. 2d 315 · Louisiana Court of Appeal · Jun 2, 1942

Plaintiff's doctors contend this clearly indicates a fracture or dislocation of that vertebra or the sacrum. … established that the blow caused his disability.

Doucet v. Superior Gauging Servs., Inc.

268 So. 3d 1082 · Louisiana Court of Appeal · Apr 17, 2019

to indicate that cutting the tanks would be unsafe; he admitted he thought he had all the equipment needed to perform the job and placed chocks on the tank to prevent the tank from rolling; he and his cousin felt he was qualified … Supported by well-established jurisprudence, we find the trial court properly dismissed Shelf and Superior on their motions for summary judgment.

State v. Johnson

750 So. 2d 398 · Louisiana Court of Appeal · Jan 26, 2000

The facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that defendant was guilty … It was only at trial that Johnson objected to the introduction of the certificate on the grounds that Armstrong was not qualified to sign the certificate.

Austin v. Administrator, Division of Employment Security, Department of Labor

158 So. 2d 74 · Louisiana Court of Appeal · Nov 12, 1963

contrary to established jurisprudence. … , 905 , in which the Board of Review did not notice that claimant had failed to appeal to it within ten (10) days as required by LSA-R.S. 23:1630 and went ahead and considered claimant's case on the merits and found her qualified

Marquette Cement Manufacturing Co. v. Normand

186 So. 2d 395 · Louisiana Court of Appeal · Feb 28, 1966

Section 2247 establishes a one year prescriptive period. … In our opinion the decision of the lower court should be reversed and the prescriptive period of one year established by R.S. 38:2247 held applicable.

Dandridge v. Fidelity & Casualty Co. of New York

192 So. 887 · Louisiana Court of Appeal · Nov 3, 1939

It is clearly shown that there is always and in every case a certain amount of welding to be done in setting up a drilling outfit consisting of boilers, water lines, etc. … They further overlooked the established fact that on the day Mr. Dandridge was injured he was engaged in work which required the use of both electric and acetylene welders.