Case law

Dempsey v. Pace

29 So. 2d 180 · Louisiana Court of Appeal · Feb 17, 1947

Martin was extremely cautious in expressing any definite opinion and on cross-examination he qualified his statement to the degree evidenced by the following extract from his testimony: "Q. … In both the Custer and the Hill cases the Court found that accidents had been established by a prepondance of the evidence.

Hopping v. Louisiana Horticulture Com'n

509 So. 2d 751 · Louisiana Court of Appeal · Jun 23, 1987

The purpose of the investigative hearing is to establish a factual record upon which to determine if a violation of law has occurred. … This definition in La.C.C. art. 163 clearly includes independent contractors, as well as any other type of employee. La.

State of Louisiana in the Interest of H.J.

Louisiana Court of Appeal · Mar 4, 2020

Johnson would not qualify as a (foster) caregiver for H.J. Ms. … After review of this record, we conclude that the trial court clearly erred when it declined to adjudicate H.J. a child in need of care.

Darrell D. Martin v. Jeremy D. Robinson, and Honorable Gary Stanga, in his capacity as Clerk of Court of the Parish of Tangipahoa, State of Louisiana

Louisiana Court of Appeal · Aug 6, 2020

his homestead exempt property was located, when clearly he was not. … According to Sledge, while these types of errors are not commonplace, they do occur. 0  The facts developed at the hearing below clearly establish that Robinson did

Kruckeberg v. Great Atlantic Pacific Tea Co.

13 So. 2d 747 · Louisiana Court of Appeal · May 24, 1943

Kruckeberg, brought this suit, individually as surviving spouse, and on behalf of his minor children, Edgar, Frederick and Grace Kruckeberg as their duly qualified natural tutor, to recover damages for the death of Mrs. … Harvey Jones, supra, cited by counsel for plaintiff in support of their contention, are clearly distinguishable on the ground that in neither of those matters did the defendants plead contributory negligence in the alternative

Meares v. Pioneer Production Corp.

382 So. 2d 1009 · Louisiana Court of Appeal · Mar 5, 1980

Kernan was valid and now constitutionally immune from attack. … For the above reasons we conclude that the 1904 tax sale was clearly intended to convey and did in fact convey, the property of Union as described in the 1903 assessment to it and that the "over description" *1017 in the

State v. Washington

540 So. 2d 502 · Louisiana Court of Appeal · Feb 28, 1989

We find that the evidence clearly established that both of defendant’s inculpatory statements were freely and voluntarily made after defendant was first advised of his Miranda rights. … The evidence clearly is sufficient to establish the essential elements of aggravated kidnapping. For the foregoing reasons, we affirm the aggravated kidnapping conviction.

EASTER SEAL SOC. CRIPPLED CHILDREN AND ADULTS OF LA., INC. v. Playboy Enterprises, Inc.

530 So. 2d 643 · Louisiana Court of Appeal · Aug 16, 1988

The court immediately qualified this declaration, however, stating, "It must be said that there is some limit to this right, which is not necessary to discuss in this case." 115 La. at 482 , 39 So. at 500 . … The jurisprudence establishes that plaintiff's consent, properly obtained, provides a defense, but it does not establish that lack of consent translates into liability.

Lyons v. Knight

10 La.App. 3 Cir. 1470 · Louisiana Court of Appeal · May 11, 2011

Louisiana Revised Statutes 14:50(2) affords a witness in a judicial proceeding absolute immunity from prosecution for defamation where the statement is “reasonably believed by the witness to be relevant to the matter in controversy … s right of petition or free speech launder the United States or Louisiana Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established

Richardson v. Whitney National Bank

6 La.App. 5 Cir. 803 · Louisiana Court of Appeal · Feb 27, 2007

Hooker stated that she needed a loan to save her home, but could not qualify on her own because of her credit history. She asked her friend, Mr. Richardson, for help. Mr. … C.C.P. art. 863 will not be reversed unless clearly wrong or manifestly erroneous. Alombro v. Alfortish, 02-1081 (La.App. 5 Cir. 4/29/03) , 845 So.2d 1162, 1168 ; writ denied, 2003-1947 (La.10/31/03), 857 So.2d 486 .

State v. Crawford

441 So. 2d 813 · Louisiana Court of Appeal · Dec 14, 1983

As Stewart and Smith both note, the trial judge's determination of admissibility is to be given weight and should not be disturbed unless a preponderance of the evidence clearly mandates the reviewing court to do so. … The court, after hearing this testimony concerning Deputy Doughtry's experience and qualifications, on both direct and cross-examination, concluded that she was qualified, based on her training and experience, as an expert

Slaughter v. East Baton Rouge Par. Sch. Bd.

432 So. 2d 905 · Louisiana Court of Appeal · Apr 5, 1983

Orleans Parish School Board, 214 So.2d 203 (La.App. 4th Cir.1968), the court set out when a transfer is considered a removal: "Our jurisprudence established that the transfer of a teacher from one position to another, by … Application of the above test from Rosenthal clearly indicates that plaintiff's transfer was not prohibited by the Tenure Act.

Glover v. Schuylkill Products Company

138 So. 2d 15 · Louisiana Court of Appeal · Jan 29, 1962

An action brought three months following demand upon the employer was held immune from attack on the ground of prematurity in Clark v. Forest Lumber Co., 9 La.App. 639 , 120 So. 88 . … Travelers Insurance Company, La.App., 125 So.2d 664 , cited and relied upon by plaintiff are clearly distinguishable from the case at bar.

Ivy v. V's Holding Co.

859 So. 2d 22 · Louisiana Court of Appeal · Jul 2, 2003

The claimant-employee bears the burden of establishing a causal link between the work accident and the claimed disability. … A trial court has great discretion in determining whether to qualify a witness as an expert, and such discretion will not be disturbed on appeal in the absence of manifest error. Lemaire v.

Eric A. Lannon v. Pherian, LLC

Louisiana Court of Appeal · Jul 14, 2025

Lannon] met all of the requisite formalities to qualify for an award of a [d]efault [j]udgment under La. … Lannon “met all of the requisite formalities to qualify for an award of a [d]efault [j]udgment under La. C.C.P. art. 1702, including, but not limited to, establishing a prima facie case with competent evidence.”

In Re Interdiction of Kiser

986 So. 2d 256 · Louisiana Court of Appeal · Jun 6, 2008

The record is devoid of any evidence establishing Ms. Kiser's means. Based on our review, we find the record fails to establish by clear and convincing evidence that Ms. … Additionally, the record fails to establish the cost of 24-hour supervision, or that Ms.

Clement v. Griffin

634 So. 2d 412 · Louisiana Court of Appeal · Mar 3, 1994

basis does not exist for the finding of the trial court, and 2) the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). … Nothing in the testimony cited by Goodyear proves that the trial judge was clearly wrong in qualifying Dr. Ehrlich as an expert in tire failure analysis. Although Dr.

Younce v. Pacific Gulf Marine, Inc.

893 So. 2d 909 · Louisiana Court of Appeal · Jan 25, 2005

As part of the union rules and the agreement with PGM, in order for a seaman to be qualified to work on a ship, the seaman had to be certified "fit for duty." … Further, the record clearly establishes that Younce failed to inform the physical examiner, Dr. K. Amusa, that he had recently been treated for neck injuries, and in fact had been discharged four days earlier.

LaForge v. LaForge

649 So. 2d 151 · Louisiana Court of Appeal · Jan 25, 1995

CHILD SUPPORT The child support guidelines are set forth in LSA-R.S. 9:315, et seq., and are to be used in any proceeding to establish or modify child support. … Each is qualified as a co-driver of the truck owned by both. The *154 couple drives for the company of Vernon Sawyer and the checks are written in the name of Mr. LaForge only. Mrs.

Oliver v. Oliver

671 So. 2d 1081 · Louisiana Court of Appeal · Mar 27, 1996

Ida Poe, Regina's mother, was qualified as an expert in special education. … that the finding is clearly wrong (manifestly erroneous).