Case law

Cunningham v. CADDO-SHREVEPORT HEALTH UNIT, ETC.

141 So. 2d 142 · Louisiana Court of Appeal · Mar 7, 1962

The Commission was clearly in error in excluding such evidence. … The evidence in question was clearly admissible. Brickman v. New Orleans Aviation Board, 236 La. 143 , 107 So.2d 422 .

Dunaway v. Lakeview Regional Medical Center

859 So. 2d 131 · Louisiana Court of Appeal · Aug 6, 2003

R.S. 23:1021, he asserts that his condition qualifies for workers' compensation benefits as an occupational disease under La. R.S. 23:1031.1, which provides, in pertinent part, as follows: A. … Where two permissible views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Hull v.

Lalonde v. Vallot

2014 La.App. 1 Cir. 0167 · Louisiana Court of Appeal · Dec 10, 2014

In seeking a declaration of coverage under an insurance policy, Louisiana law places the burden on the plaintiff to establish every fact essential to recovery and to establish that the claim falls within the policy coverage … Where a policy unambiguously and clearly limits coverage to claims made and reported during the policy period, such limitation of liability is not per se impermissible. See Anderson v.

State v. Turner

186 So. 3d 720 · Louisiana Court of Appeal · Jan 20, 2016

Andrew Ingram, employee of the Louisiana State Police Crime lab, was qualified as an expert in DNA analysis and analyzed the DNA from this |acase. … Certainly, the expert testimony establishing the manner of McCready’s death was sufficient to establish the perpetrator’s specific intent to kill.

Brendon Preston v. Southern University through the Board of Supervisors of Southern University Agricultural and Mechanical College

Louisiana Court of Appeal · Jul 13, 2021

Preston argues Southern is not entitled to tort immunity as his statutory employer because the statutory employer relationship established by the contract/purchase order does not relieve Southern of its direct duty to him … clearly recognized the defendant' s status as statutory employer); Burkstaller v. Surgical Synergies, Inc., 2011- 1211 ( La.

Shatoska v. International Grain Transfer, Inc.

465 So. 2d 32 · Louisiana Court of Appeal · Dec 28, 1984

(Record pp. 131-132) Clearly, the evidence establishes that because of his failing health, his lack of tolerance for physical activity, and his lack of skill for sedentary work, Shatoska can perform no services other than … As we clearly stated in Jackson v. East Baton Rouge Par. Sch.

Pekinto v. Olsten Corp.

587 So. 2d 68 · Louisiana Court of Appeal · Sep 12, 1991

Adhering to the established principle that an appellate court must give great weight to conclusions reached by the trier of fact and that they should not be disturbed unless manifestly erroneous, we adopt the hearing officer's … An injured employee shall submit himself to an examination by a duly qualified medical practitioner provided and paid for by the employer, as soon after the accident as demanded, and from time to time thereafter as often

Atlas Processing v. ADMINISTRATOR, DES

584 So. 2d 1187 · Louisiana Court of Appeal · Aug 21, 1991

The Office of Employment Security found claimant was not qualified for benefits because his dismissal was due to misconduct connected with his employment. … This decision is legally unsupportable and clearly wrong. Our judicial review must be confined to questions of law.

Walker v. Hebert

13 La.App. 3 Cir. 495 · Louisiana Court of Appeal · Dec 10, 2014

Be that as it may, if we accept Essentia’s “admissions of fact” these facts do not establish that coverage was not in effect on September 22, 2009, when the accident injuring Plaintiff Walker occurred. … The only evidence of record introduced at the motion for summary judgment concerning Hebert’s use of his classic car as his hobby was his deposition testimony which establishes that his classic car did not qualify for the

Owens v. State

14 La.App. 3 Cir. 725 · Louisiana Court of Appeal · Feb 25, 2015

The employee contends that he very clearly alleged that the employer was intentionally tortious, and, thus, he had a remedy against that employer in tort. … remedies, and claims for damages, including but not limited to punitive or exemplary damages, unless such rights, remedies, and damages are created by a statute, whether now existing or created in the future, expressly establishing

McLane Southern, Inc. v. Bridges

2010 La.App. 1 Cir. 1259R · Louisiana Court of Appeal · Mar 21, 2013

Thereafter, the adverse party must produce factual evidence sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial. … It is well settled that statutes are presumed constitutional 17unless fundamental rights, privileges, and immunities are involved.

Allen v. Anderson

55 So. 2d 596 · Louisiana Court of Appeal · Dec 10, 1951

However, the evidence clearly shows that Beatrice Chandler Hills, who was born in 1900, was informally acknowledged by her mother to be her daughter. … Beatrice Chandler Hills, therefore, was qualified legally to inherit from her mother, not as a legitimate child, as the trial judge erroneously found her to be, but as a natural child duly acknowledged.

Evans v. Lungrin

686 So. 2d 67 · Louisiana Court of Appeal · Dec 11, 1996

We find two cases cited by Donna in this assignment are clearly distinguishable. In Smith v. … Both parents are clearly capable of providing Lindsay with a loving, safe home.

Brown v. Magnolia Fire & Casualty Insurance Co.

93 La.App. 1 Cir. 0341 · Louisiana Court of Appeal · Nov 10, 1994

insurance, policies of employer’s liability insurance, and policies of worker’s compensation insurance shall be accompanied by a statement of the opinion of an associate or fellow of the Casualty Actuarial Society or other qualified … The court found, and the non-actuarial evidence clearly supports, the conclusion that Magnolia’s continued business would be hazardous to its policyholders or its creditors or the public.

State v. Folse

623 So. 2d 59 · Louisiana Court of Appeal · Jul 2, 1993

To the contrary, we find that the evidence introduced at trial clearly reveals that Folse was fully aware of the allegations forming the basis of both offenses and the names of each of the victims. … Janzen qualified and was accepted by the trial court as an expert in psychology with particular expertise in child abuse.

Public Records Request of Beckett v. Serpas

2012 La.App. 4 Cir. 1349 · Louisiana Court of Appeal · Mar 20, 2013

The right to privacy is not absolute; it is qualified by the rights of others, and it is also limited by society’s right to be informed about legitimate subjects of public interest. Id. … Clearly, a law enforcement officer has a reasonable expectation of privacy as to certain personal information, ie., home address, telephone number, social security number, medical information, etc.

Lila, Inc. v. Underwriters at Lloyd's, London

994 So. 2d 139 · Louisiana Court of Appeal · Sep 10, 2008

C.C. art. 3467, "[p]rescription runs against all persons unless exception is established by legislation." … This is illogical and clearly is not what is intended by the two-year limitation set forth in the policy, as specifically noted by Lloyd's in its 16 August 2006 letter accompanying payment to Lila.

State v. Marshall

47 So. 3d 1083 · Louisiana Court of Appeal · Sep 22, 2010

When the direct evidence is thus viewed, the facts 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 … Johnson, supra, the Louisiana Supreme Court further qualified the Dorthey holding permitting a downward departure from a mandatory minimum sentence in the context of the Habitual Offender Law.

Miller v. Barnes

135 So. 2d 555 · Louisiana Court of Appeal · Dec 27, 1961

Nelson was appointed and qualified as receiver. … Clarification of the opinion and decree should be made in order that the intention and purpose intended be clearly expressed.

State v. Tate

632 So. 2d 1213 · Louisiana Court of Appeal · Feb 23, 1994

When the direct evidence is thus viewed, the facts 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 … Brian Keith Watson, a chemist at North Louisiana Crime Lab, was qualified at the trial as an expert in chemical analysis of controlled dangerous substances.