Case law

Graves v. Pelican Downs, Inc.

292 So. 2d 297 · Louisiana Court of Appeal · Feb 11, 1974

Graves' testimony clearly indicates he had no intention of holding D'Antoni and Lawrence personally. … His signature is not followed or qualified by the word "Agent", or any other term that would indicate his signing in a representative capacity.

State v. Handley

453 So. 2d 1242 · Louisiana Court of Appeal · Jun 26, 1984

Clearly, defendant's allegation of double jeopardy has no merit. … Qualifying verdicts in capital and noncapital cases: "In a capital case the jury may qualify its verdict of guilty as follows: (1) With the addition of the words `without capital punishment,' in which case the punishment

Derouen v. Dept. of Transp. & Development

392 So. 2d 765 · Louisiana Court of Appeal · Dec 17, 1980

There was no testimony whatsoever from any qualified person as to the extent of the damage to the 1974 Mazda automobile and the costs of repairing this damage. … Victor, supra, is distinguishable on the grounds clearly indicated by the Supreme Court itself. Plaintiff Coleman's automobile damages were fixed at $800.00 on the basis of her own self-serving and hearsay testimony.

Gaspard v. St. Paul Fire & Marine Ins. Co.

483 So. 2d 1037 · Louisiana Court of Appeal · Dec 11, 1985

One result of these amendments was to make it more difficult for an injured employee to qualify for permanent and total disability benefits. … Plaintiff clearly failed to carry her burden of proof, and the trial court should not have awarded her benefits for total and permanent disability.

Dejoie v. Guidry

2010 La.App. 4 Cir. 1542 · Louisiana Court of Appeal · Jul 13, 2011

Second, because we li>find that the trial judge was not clearly wrong in finding that Mr. … We review that finding under the well-known clearly wrong standard. State, Dept. of Social Services ex rel. D.F. v.

Eastin v. Entergy Corp.

9 La.App. 5 Cir. 293 · Louisiana Court of Appeal · Jul 27, 2010

If, however, the older employee shows that he was terminated in favor of younger, clearly less qualified individuals, a genuine, material fact issue exists. Texas Instruments, 100 F.3d at 1181 . … In a reduction in force case, a prima facie case is established by evidence that (1) that he is within the protected age group; (2) that he has been adversely affected by the employer’s decision; (3) that he was qualified

State v. Williams

16 La.App. 5 Cir. 32 · Louisiana Court of Appeal · Aug 24, 2016

The State and defense also made the following stipulations at trial: if called, Michael Cole would be qualified as an expert in the field of forensic science, specifically with regard to the analysis and comparison of narcotics … The record clearly belies these assertions. .

Hallaron v. Jacob's Engineering Group, Inc.

4 La.App. 5 Cir. 876 · Louisiana Court of Appeal · Jan 25, 2005

DISCUSSION Decisions of the workers' compensation court are subject to the manifest error, or clearly wrong, standard of review on appeal. … The worker's burden of proof in establishing *131 the occurrence of a job-related accident is preponderance of the evidence. Braxton v.

Veal v. M & M Properties, Ltd.

525 So. 2d 188 · Louisiana Court of Appeal · Mar 2, 1988

This is especially true in light of the fact that it was established at trial that the Sears service technician only changed the “open switch. … As such, we conclude that the lower court was manifestly erroneous or clearly wrong in its assignment of 80% fault to defendants.

Vaughn v. BFI WASTE SYSTEMS OF N. AMERICA, INC.

793 So. 2d 410 · Louisiana Court of Appeal · Jul 25, 2001

He further alleged that there was no written agreement between Quixx and Relator; thus, Relator was not entitled to immunity from suit in tort under LSA-R.S. 23:1061. … Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. *413 Once the

Thibodeaux v. Hernandez

702 So. 2d 1157 · Louisiana Court of Appeal · Oct 29, 1997

In those municipalities governed by the provisions of this Part, R.S. 33:321 et seq., which have a chief of police elected by the qualified voters thereof, he shall make recommendations to the mayor and board of aldermen … La.R.S. 33:423(A) clearly requires such a recommendation before the mayor and board of aldermen may dismiss police personnel.

Hubbard v. MARILYN'S MANHATTAN GROOMING

784 So. 2d 752 · Louisiana Court of Appeal · Apr 4, 2001

that the finding is clearly wrong. … As noted above, this method of calculating Hubbard's production was clearly wrong.

State v. Hankerson

604 So. 2d 1323 · Louisiana Court of Appeal · May 22, 1992

statements elicited by the state during plea negotiations which took place in Rapides Parish, where the defendant was charged in both Avoyelles Parish and Rapides Parish and he apparently believed that he was being offered immunity … The jury clearly elected not to believe that testimony.

Meunier v. Bernich

170 So. 567 · Louisiana Court of Appeal · Nov 16, 1936

Furthermore, the right to practice law is not a privilege or immunity granted to all citizens of the United States. See In re Lockwood, 154 U.S. 116 , 14 S.Ct. 1082 , 38 L.Ed. 929 . … In other words, he is engaged in the business of settling and adjusting personal injury claims, and it is well established that the doing of these acts constitutes the practice of law. See Fitchette et al. v.

Oswald v. RAPIDES IBERIA MGMT. ENTERPRISES, INC.

452 So. 2d 1258 · Louisiana Court of Appeal · Jun 6, 1984

Once the applicable standards of care are established, negligence is a question of fact to be determined by the trier of fact, judge or jury. … Four physicians were qualified as experts and testified on behalf of Mrs. Oswald.

Thibodeaux v. Thibodeaux

93 La.App. 3 Cir. 1445 · Louisiana Court of Appeal · Jun 1, 1994

Vanguard documents entered into evidence establish |4the value of the retirement plan on the date of marriage as $73,457.12. … Clearly, some of the growth in value during the community is also attributable to investment returns earned on the $73,457.12 pre-community value of the plan.

Doland v. ACM Gaming Co.

921 So. 2d 196 · Louisiana Court of Appeal · Mar 1, 2006

The owners of such qualifying entities are taxed as sole proprietors or partnerships and are personally liable for the losses and debts of such a corporation; the Chapter S corporation is not taxed. … Therefore, as the supreme court in Ashton has stated, the principle of reconduction "has no application whatever when either party has clearly announced his intention not to renew the lease ...."

Lucas v. Tetra Technologies, Inc.

97 La.App. 4 Cir. 1195 · Louisiana Court of Appeal · Sep 17, 1997

Robison, 266 F.2d 769 (5th Cir.1959) established the test for seaman status under the Jones Act. … In the course of the opinion the court recognized that: ... where undisputed facts reveal that a maritime worker has a clearly inadequate temporal connection to vessels in navigation, the court may take the question from

State v. Benoit

570 So. 2d 490 · Louisiana Court of Appeal · Nov 14, 1990

established chain of evidence with regard to the delivery and handling of the blood kit used and, 3) The State’s failure to establish and/or adhere to reasonable, promulgated procedures with regard to blood analysis and/ … Although providing for maintenance, repair and inspection, the regulations do not sufficiently safeguard the accuracy of the gas chromatograph by specifying what may be performed by the analyst and what must be performed by a qualified

Jackson v. Moock

2008 La.App. 1 Cir. 1111 · Louisiana Court of Appeal · Dec 23, 2008

the correspondence that was exchanged between counsel because in its oral reasons for judgment, the trial court found that no formal discovery was done in this case and concluded that the informal correspondence did not qualify … Plaintiff does not dispute clearly-established jurisprudence holding that motions to withdraw, enroll, or substitute counsel are not considered formal steps before the court.