Case law

Knight v. Tucker

210 So. 3d 407 · Louisiana Court of Appeal · Nov 16, 2016

basis of part-day absences could not, under strict regulatory definition, be considered “salaried” for purposes of the “bona fide executive” exemption to overtime requirements of the FLSA, and that the employer failed to establish … R.S. 23:681, et seq., and states that the trial court was clearly wrong in determining that he was an independent contractor rather than an employee.

State v. Lamizana

2016 La.App. 4 Cir. 1017 · Louisiana Court of Appeal · May 31, 2017

As is clear from the relevant state statute, Louisiana does not require absolute confidentiality of DCFS records but, rather, has an established procedure for discovery of those records: In the event of the issuance óf a … In this case, however, there is no physical evidence to support the convictions, the defendant and his wife clearly had an adversarial relationship, and |Bthe State’s case rested solely on the jury’s credibility determination

Nelson v. City of Grambling

722 So. 2d 358 · Louisiana Court of Appeal · Dec 9, 1998

Factual findings in workers' compensation cases are subject to the manifest error or clearly wrong standard of appellate review. … Nor did he extend any effort to secure a commercial driver's license, a rehabilitation goal that had been established.

Michelle Leininger v. Brittanie Heaney, the Sherwin-Williams Company, and Ace american/chubb Insurance Company

Louisiana Court of Appeal · Aug 15, 2024

As this Court has previously explained, “[i]t is well-established that the trial court is afforded wide discretion in determining whether expert testimony should be admitted and who should not be qualified as an expert. … See also Cheairs, 2003-0680, p. 8, 861 So.2d at 541 (noting that “the Daubert court was clearly not concerned with the issue raised by [the appellant] herein—whether the expert is qualified solely by education to give

Elzy v. ABC Ins. Co.

472 So. 2d 205 · Louisiana Court of Appeal · Jun 17, 1985

We reject that factual contention because the trial judge's contrary conclusion is supported by this record, and is not clearly wrong, Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). … Contra non valentem is "but an application of the long-established principle of law that one should not be able to take advantage of his own wrongful act," Nathan v. Carter, 372 So.2d 560 (La.1979).

Jefferson v. Strickland

242 So. 2d 582 · Louisiana Court of Appeal · Dec 21, 1970

Strickland, appearing individually and as the duly qualified natural tutrix of her minor son, Theadore C. … that the trial judge's findings on question of fact, and particularly on questions involving the credibility of witnesses who testified before him, are entitled to great weight on appeal and will not be disturbed unless clearly

State v. Butler

563 So. 2d 976 · Louisiana Court of Appeal · May 30, 1990

Defendant objected, arguing that his special request qualified the state's request on the issue of flight. … did not rely on evidence of his flight to establish that defense.

Bresler v. Nugent

134 So. 2d 694 · Louisiana Court of Appeal · Nov 6, 1961

The plaintiff further alleges that the treatment given her involved the use of dangerous and highly potent chemicals; that the defendant had represented himself and his employees to be fully qualified in the proper administration … There are instances in which the relationship exists though there is clearly no contractual relationship between the patient and the physician.

Meiners v. St. Tammany Fire Protection District 4 Board of Commissioners

31 So. 3d 1076 · Louisiana Court of Appeal · Jan 15, 2010

Obviously, the purpose of the statute is to establish the right of an appeal. … The constitutional right of individuals of access to the courts, provided in Art. 1, § 22 is clearly implicated in this case, and the jurisprudence as cited in Bowen, supra requires judicial review.

Pitre v. Government Employees Ins. Co.

596 So. 2d 256 · Louisiana Court of Appeal · Mar 11, 1992

It was further established that, because of his vast experience and knowledge of various types of equipment, Pitre was well qualified for a supervisory position. Dr. John W. … However, we determine that the total damage award, in the sum of $265,985.29, is neither clearly excessive nor clearly inadequate. Accordingly, it will not be disturbed.

Bagwell v. Bagwell

698 So. 2d 746 · Louisiana Court of Appeal · Aug 20, 1997

The statutory authority to order a compulsory income assignment clearly applies only to those persons who have been ordered to pay child support. La. R.S. 46:236.3. Relying on La. … He maintains that the record, testimony and the hearing establish the amount of time and effort that went into the litigation.

Tadlock v. Taylor

857 So. 2d 20 · Louisiana Court of Appeal · Sep 24, 2003

as an expert, and his judgment will not be disturbed by an appellate court unless it is clearly erroneous. … Further, there was no evidence presented establishing filiation.

Elizabeth A. Tilley v. Boise Cascade Corporation

Louisiana Court of Appeal · Mar 10, 2010

Choat were statutory employees of Boise at the time of the accident entitling the Defendants to immunity from tort suit. … An employer bears the burden of proving entitlement to tort immunity as established by La.R.S. 23:1032. Ernest v. Petroleum Serv. Corp., 02-2482 (La.App. 1 Cir. 11/19/03), 868 So.2d 96.

Dowles v. Conagra, Inc.

980 So. 2d 180 · Louisiana Court of Appeal · Mar 26, 2008

Validity of FMLA Claim By its first assignment of error, ConAgra argues that the jury was clearly wrong in finding that Dowles met her burden of proof to establish that she was terminated for availing herself of a protected … After a review of the entire record, we cannot say that the jury was clearly wrong or that there is no reasonable basis in the record for the jury's findings.

Hughes v. Lombard

626 So. 2d 582 · Louisiana Court of Appeal · Nov 9, 1993

Hughes argues that pursuant to the provisions of La.R.S. 18:533-18:534 and 18:537 the City is the governing authority charged with the responsibility of establishing and changing polling places. … However, pursuant to Article 1672(B) of the Louisiana Code of Civil Procedure the trial court clearly had the authority to grant involuntary dismissals.

TRANSCHANT v. State

978 So. 2d 1174 · Louisiana Court of Appeal · Mar 13, 2008

Mail is not sufficient to establish that a timely "request for service" was made. … X, Section 12, provides in pertinent part: (A) No Immunity in Contract and Tort.

Murff v. Louisiana Highway Commission

19 La. App. 847 · Louisiana Court of Appeal · Apr 5, 1932

The decision seems to be based upon this finding, which we think is clearly in conflict with the eases of Saint v. Allen and Booth v. Louisiana Highway Commission, cited supra. … This contention was made in the De Moss Case and answered by the court in the following language: “When a police jury therefore undertakes to lay. out a road or to widen an established noad without pursuing the forms of law

Terrebonne v. B & J MARTIN, INC.

906 So. 2d 431 · Louisiana Court of Appeal · Oct 29, 2004

The reviewing court must review the record in its entirety to determine whether the trial court's finding was clearly wrong or manifestly erroneous. Stobart, 617 So.2d at 882 . … Kubelka is qualified to give that type of testimony, I just don't think it's going to add anything to the trial, and I will strike him for that reason.

State v. Watts

2014 La.App. 1 Cir. 0429 · Louisiana Court of Appeal · Nov 21, 2014

The facts then 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 the defendant was … The kit was clearly identified by Trooper Biddy as one that he keeps in his police unit for such instances and, thus, was apparently “made available to” him by the Louisiana State Police.

Marbury v. Louisiana Highway Commission

153 So. 590 · Louisiana Court of Appeal · Mar 29, 1934

The fact is well established that the trees were cut by the employees of the contractors. “Plaintiffs contend that defendant’s resident engineer, Mr.' K. N. … If he advised or directed the act, his liability is established.