Case law

Bowden v. Louisiana Board of Review, Office of Regulatory Services

57 So. 3d 513 · Louisiana Court of Appeal · Jan 26, 2011

In this regard, two documents were submitted purporting to establish a policy prohibiting visitors and off-shift workers from coming onto company property without permission from a supervisor. … Overall, we find that this violation identified by the ALJ was clearly not shown as a deliberate act, and the statute’s test for a “policy” for the “safety of others” was not met.

Fishbones, Inc. v. Southern Boat Service of La., Inc.

2002 La.App. 4 Cir. 2368 · Louisiana Court of Appeal · Jun 4, 2003

The district court established that the lost vessel was unique. First, the barge was uniquely suited for use as a drydock platform, and only six other similar barges existed. … The trial court noted that there was no evidence introduced to qualify Mr. Ingram as an expert in valuing vessels; however, *813 the value reported was indicative of what Mr.

In Re Arbitration Betweem US Turnkey Exp. and Psi, Inc.

577 So. 2d 1131 · Louisiana Court of Appeal · Mar 28, 1991

The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator. … NOTES [1] Another ground for vacating an arbitration award based on legal error was established in Matter of Standard Coffee Service Co. and Theordore W.

Vicksburg Healthcare, LLC v. State Ex Rel. Department of Health & Hospitals

2010 La.App. 1 Cir. 1248 · Louisiana Court of Appeal · Mar 25, 2011

The record clearly establishes that the Louisiana Medicaid patient is permitted to request healthcare at any facility that is a qualified Medicare provider of his choosing. … Through Gough’s testimony, the evidence established that the State pays from its general fund a little less than half the amount it reimburses qualified providers and that the federal government pays the remainder. 12 .

Nickens v. McGehee

184 So. 2d 271 · Louisiana Court of Appeal · May 19, 1966

It is admitted that neither Kimble nor Jensen were qualified electricians, both being in the category of handyman or so-called jack of all trades. On the day of the fire, Mrs. … Appellants-Lessors, therefore, are clearly liable to plaintiffs for damages for mental pain and suffering incident to the destruction of the property of the latter, under the well established jurisprudence of our appellate

Burton v. Conoco Offshore, Inc.

631 So. 2d 1374 · Louisiana Court of Appeal · Feb 9, 1994

The record clearly establishes that Conoco in no way supervised or controlled any aspect of appellant's job performance. Mr. … Just because a substance is classified as hazardous waste does not mean that it qualifies as ultrahazardous. Dr. George stated that in his expert opinion the additives could have been handled safely.

Fawer, Brian, Hardy & Zatzkis v. Howes

93 La.App. 4 Cir. 2076 · Louisiana Court of Appeal · Jun 15, 1994

Howes' second argument is that, even if admissible, the billing statements are not sufficient to prove that the legal services were rendered or to establish the amounts owed. … The term "clearly excessive" used by the Court in Leenerts Farms [ Inc. v.

Arledge v. Bell

463 So. 2d 856 · Louisiana Court of Appeal · Jan 23, 1985

He was survived by one brother, Alvin Julius Arledge, the duly qualified administrator of this succession. Defendant herein is one of the three children born to Willie Bell and is therefore a nephew to the decedent. … While the remission of a debt cannot be revoked by a creditor, remission is never presumed unless it clearly appears that the creditor intended it.

Boudreaux v. Larpenter

2011 La.App. 1 Cir. 0410 · Louisiana Court of Appeal · Jun 1, 2012

The TPCG’s conduct in passing the ordinances to establish a weight limit is clearly rationally related to its legitimate interest in protecting a road for which it was financially responsible. … ; therefore, the weight limit was clearly not established in an arbitrary or capricious manner.

Conoco, Inc. v. Tenneco, Inc.

524 So. 2d 1305 · Louisiana Court of Appeal · Mar 9, 1988

generally applicable to other gas in the same area, which is higher than the price otherwise provided herein, then the price to be paid by Buyer to Seller for such portion of the gas delivered hereunder which would otherwise qualify … These cases are clearly distinguishable from the instant case and Tenneco's argument as to the applicability of the manifest error rule is without merit.

Bailey v. Leblanc

14 La.App. 3 Cir. 267 · Louisiana Court of Appeal · Nov 12, 2014

A court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong.” … that the finding is clearly wrong (manifestly erroneous).

Rosier v. State

50 So. 2d 31 · Louisiana Court of Appeal · Jan 5, 1951

As a result, he used what was available, which turned out to be a sign with a qualified warning, "Road Under Water, Travel At Your Own Risk." … The fact that the evidence clearly establishes that neither the sign nor flare were in place at the time the Coon vehicle passed this crossroad, makes it unnecessary to consider whether or not plaintiff Aaron Coon and his

Billeaud v. Poledore

603 So. 2d 754 · Louisiana Court of Appeal · May 22, 1992

Tort immunity under the borrowed servant doctrine is an affirmative defense within the context of a tort action. Brumbaugh v. … Hebert, testified light duty jobs for which plaintiff was qualified were available in the Lafayette area.

HTW Transp. Co. v. New Orleans Aviation Bd.

527 So. 2d 339 · Louisiana Court of Appeal · May 12, 1988

The specifications stated that the "top qualified bid" would be selected. … Since the jurisprudence clearly establishes that the contract at issue is subject to Louisiana's Public Bid Law, consideration of the applicability of the State Procurement Code is unnecessary.

Polites v. Millers Mutual Fire Insurance Co.

267 So. 2d 214 · Louisiana Court of Appeal · Sep 29, 1972

While the amount might not be what this court would have awarded under the circumstances, we cannot say the award was clearly or manifestly excessive. … Clearly this is sufficient special study and experience to qualify him as an expert.

Bear Indus., Inc. v. Hanover Ins. Co.

241 So. 3d 1159 · Louisiana Court of Appeal · Jan 4, 2018

Louisiana Revised Statutes 9:4802 clearly defines those persons granted a claim or privilege pursuant to the Act and provides, in pertinent part: A. … They maintain that the uncontroverted testimony at trial established that it had incurred at least $75,000.00 in attorney fees.

Ardoin v. McKay

939 So. 2d 698 · Louisiana Court of Appeal · Sep 27, 2006

"The determination of an expert's credibility is also a factual question subject to the manifestly erroneous/clearly wrong standard of review." Id. … "Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence.

Jackson v. St. John the Baptist Parish School Board

15 La.App. 5 Cir. 254 · Louisiana Court of Appeal · Oct 14, 2015

a certificate from a physician to establish such an injury or disability. … In order to qualify for the sick leave benefits set forth in La.

Maryland Casualty Company v. Kramel

80 So. 2d 897 · Louisiana Court of Appeal · May 18, 1955

While it is clearly established that the policy in effect at the time of the accident was intended and understood as a renewal of the previously existing policy, there was inserted in the latter policy the $50 deductible … It was clearly the intention of the defendants to have the former policy renewed in its precise terms.

Jane Doe v. Herbert Lewis, Junior

Louisiana Court of Appeal · Dec 30, 2020

A conditional or qualified privilege arises in a broader number of instances. Id. . . . It is impossible to reduce the scope of a conditional or qualified privilege to any precise formula. Id. … “Defamation damages must be proved by competent evidence, but there is no need to establish the actual pecuniary value of the injury suffered.” Lege v. White, 619 So.2d 190, 191 (La.