Case law

Anders v. McConnell

31 So. 2d 237 · Louisiana Court of Appeal · Apr 23, 1947

Particularly are we confirmed in this view by reason of the established fact that at least one, and perhaps others, of the defendants had taken occasion, prior to the descent en masse upon plaintiff's property, to consult … We thoroughly subscribe to the correctness of this statement, but the facts in the case at bar completely destroy any claim to immunity based upon such a proposition, and on the facts this case is clearly distinguishable

Duncan ex rel. Hahn v. South Central Bell Telephone Co.

608 So. 2d 649 · Louisiana Court of Appeal · Oct 28, 1992

Both “in the course of employment” and “arising out of employment” must be proven to qualify for compensation benefits; however, they should not be considered in isolation and a strong showing of one can overcome or strengthen … We reviewed the present case under the clearly erroneous standard.

Mauboules v. Broussard Rice Mills

379 So. 2d 1196 · Louisiana Court of Appeal · Mar 21, 1980

Appellant argues that appellee's serving in a representative capacity does not make him immune from liability. … Appeals are favored, and the imposition of penalties for a frivolous appeal will not be granted unless they are clearly due.

La Pierre v. Gibson

420 So. 2d 990 · Louisiana Court of Appeal · Sep 30, 1982

The record reveals sufficient evidence to establish acknowledgement under subdivision (2) of R.C.C. Article 209. … Its language in pertinent part follows: The tests shall be made by experts qualified as examiners of blood types who shall be appointed by this court.

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

McDonough Marine Service v. Doucet

95 La.App. 1 Cir. 2087 · Louisiana Court of Appeal · Jun 28, 1996

that the finding is clearly wrong (manifestly erroneous). … Accordingly, the trial court’s finding cannot be manifestly erroneous or clearly wrong. 2. Fraud and Misrepresentation.

Nicole White v. Rapides Parish School Board

Louisiana Court of Appeal · Mar 3, 2004

Clearly, the Rapides Parish School Board qualifies as a political subdivision of the State. 2  We now turn our attention to the more weighty question, whether under the … In brief, the School Board argues that the actions of the Board’s employees at the South Alexandria Sixth Grade Center clearly fall within the purview of Berkovitz.

Hoddinott v. Hoddinott

253 So. 3d 233 · Louisiana Court of Appeal · Aug 1, 2018

The language of the consent judgment clearly indicates that Mrs. … "Res judicata cannot be applied to preclude another action unless all the essential elements are present and each necessary element has been clearly established by the party invoking it." Myers v. Nat'l Union Fire Ins.

Teleca Donachricha v. Nightingale Nurses, LLC

Louisiana Court of Appeal · Jun 24, 2026

CHRISTUS incorrectly taking the position that it qualifies as an “interested party” and disregards the fact that the obligation to notify an interested party is qualified by three phrases in the statute: “as deemed necessary … Nightingale argues that CHRISTUS failed to establish the existence of a contract establishing defense, indemnity, and hold harmless provisions applicable to this case.

Cormier v. Blake

198 So. 2d 139 · Louisiana Court of Appeal · Apr 26, 1967

. *143 The trial judge's findings of fact, particularly those involving the credibility of witnesses testifying before him, are entitled to great weight on appeal, and will not be disturbed unless found to be clearly erroneous … As noted in that case, one of the requirements which must be met before a publication is entitled to such a qualified or conditional privilege is that it be made in good faith.

Smith v. City of Alexandria

178 So. 737 · Louisiana Court of Appeal · Jan 28, 1938

Three of the four angles of this intersection are occupied by retail business establishments. In the fourth, there is a wholesale concern. … Surely, according to the evidence on behalf of plaintiff, the case is clearly with her. The boy was not run over by the wheels of the car.

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.

Perniciaro v. Martin Marietta Corp.

613 So. 2d 775 · Louisiana Court of Appeal · Jan 28, 1993

After examining the evidence in the record, we conclude that the trial court was not clearly wrong in making these factual determinations. … In footnote 7 to this quotation, the court emphasized, While the sudden onset of physical injury may qualify as the compensable “accident” in some cases, (citations omitted), an employee’s subjective assertion that he had

Walter Castro v. Gaston Hauling, LLC, Gaston Coronel, Progressive Paloverde Insurance Company and "Abc" Insurance Company

Louisiana Court of Appeal · Sep 13, 2024

Castro was not a qualified employee of Gaston under the Louisiana Workers’ Compensation Act – thus, allowing Mr. 1 On appeal, Mr. Castro is a pro se litigant. … Coronel and Gaston established 5 that there were a sufficient number of tie downs present on the truck three days before the accident. Mr.

Wells v. Winn-Dixie Louisiana, Inc.

572 So. 2d 210 · Louisiana Court of Appeal · Nov 14, 1990

Further, even if a claim for lost wages can not be established with mathematical certainty, it can be established by any proof that reasonably establishes the claim, such as the plaintiff’s own testimony. … However, she testified that shortly before her accident she had qualified for a position with an agency that provided sitters for elderly persons and invalids.

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.

Carter v. Iberia Parish Sch. Bd.

258 So. 3d 740 · Louisiana Court of Appeal · Dec 13, 2017

"The determination of whether an employer should be cast with penalties and attorney fees in a workers' compensation case is essentially a question of fact and subject to the manifest error/clearly wrong standard of review … Additionally, in Ward , 53 So.3d 421 , the Louisiana Supreme Court held that the OWC hearing officer "was not clearly wrong in determining Ms. Ward proved by a preponderance of the evidence" that Ms.

Boatwright v. Metropolitan Life Ins. Co.

661 So. 2d 169 · Louisiana Court of Appeal · Sep 28, 1995

Relator submitted a certificate from the Secretary of State showing that it had never qualified to do business in Louisiana. … Once minimum contacts are established, these contacts may be considered in light of other factors to determine whether the assertion of personal jurisdiction would comport with "fair play and substantial justice".

Chalmette Retail Center, L.L.C. v. Lafayette Insurance Co.

2009 La.App. 4 Cir. 0217 · Louisiana Court of Appeal · Oct 16, 2009

Rather, they are legislatively-established,¶ 2 judicially-imposed consequences of an insurer’s bad faith breach of contract. La. … Litolffs estimate factually qualified as an “extra expense” in terms of the policy, Lafayette did introduce testimony to show that certain of these items would not qualify.

State v. Robinson

846 So. 2d 76 · Louisiana Court of Appeal · Apr 8, 2003

Officer Bruce Harrison of the Jefferson Parish Sheriff's Office Narcotics Unit was qualified as an expert in the use, packaging, distribution, and value of narcotics. … The present case is distinguishable from Gabriel , in that no prior inconsistency was established in this case.