Case law

Matthews v. Buff Hottle Shows, Inc.

109 So. 2d 261 · Louisiana Court of Appeal · Jan 5, 1959

Plaintiff then further reasons that the court in the Johnson case did not rely solely on the provisions of the quoted section of Act 20 of 1914, but that the court clearly and implicitly established that the contractual relationship … He does not question the fact that the legislature may qualify, enlarge or even take away the right granted by LSA-Civil Code Article 2315 to recover for damages or injuries.

Harbor v. CHRISTUS ST. FRANCES CABRINI HOS.

943 So. 2d 545 · Louisiana Court of Appeal · Nov 2, 2006

services shall be provided by a licensed professional vocational rehabilitation counselor, and *548 all such services provided shall be compliant with the Code of Professional Ethics for Licensed Rehabilitation Counselors as established … Harbor take the test to see if she was even qualified to obtain an [sic] GED. Moreover, as even argued by the employer in its brief, they contend she failed to do this because it would have made her more employable.

Marchetta v. CPC of Louisiana, Inc.

759 So. 2d 151 · Louisiana Court of Appeal · Mar 22, 2000

Semeniuk's independent contractor status was clearly more than a "self serving designation of `independent' contractor." East Lake simply did not exercise the type of control over Dr. … Obviously, she is not qualified to make decisions concerning medical treatment. Moreover, as discussed above, Dr. Semeniuk was the "director" of the Children's Program at East Lake.

Hollaway v. Gaylord Chemical Corp.

730 So. 2d 952 · Louisiana Court of Appeal · Mar 12, 1999

Bruce Egan was also qualified as an expert in air dispersion modeling. He, too, used a model to estimate the chemical's dispersion. … Therefore, the trial court correctly declined to establish such a class.

Anzalone v. Anzalone

2007 La.App. 1 Cir. 1905 · Louisiana Court of Appeal · Nov 18, 2008

Clearly, disability retirement for judges in LASERS who have reached eligibility for regular retirement represents a unique situation which has aspects common to both forms of retirement. (Emphasis supplied). … However, in brief to the court, plaintiff set forth the terms of said agreement, which do not establish plaintiff's entitlement to the disability retirement income of defendant.

Hoover v. Pennington

19 La. App. 779 · Louisiana Court of Appeal · May 3, 1932

An inventory was taken of his prop-' erty which was in community with Lucy Lockhart, his surviving spouse, who qualified as the natural tutrix of Gordon, Selby, and Beida Lockhart, minors at that time. … Hence it is clearly established that Pennington never acquired ownership of the property and which remained in community between Mrs.

Owens v. Liberty Lloyds Insurance Co.

95 La.App. 1 Cir. 1566 · Louisiana Court of Appeal · Apr 4, 1996

La.Code Civ.P. art. 893 establishes that the general allegation in a pleading will establish the threshold monetary amount of the claim. This general allegation determines all parties’ rights to demand a trial by jury. … Such a deprivation clearly constitutes prejudice. It was analogously noted in Inzerella v.

Michelin Tire Co. v. Delcourt

149 So. 313 · Louisiana Court of Appeal · Jun 30, 1933

Evidently, as thus qualified, the idea intended to be conveyed by the court in that decision is that the acknowledgment by the debtor must be of the “debt claimed by the creditor,” and which interrupts the course of prescription … Delcourt filed against plaintiff company, tak-j en in connection with the testimony of Servis, establishes the correctness of the amount demanded.

State Ex Rel. Jym

9 La.App. 3 Cir. 1335 · Louisiana Court of Appeal · Aug 4, 2010

that the fact finder is clearly wrong or manifestly erroneous. … If there are two permissible views of the evidence, the fact finder's choice between them cannot be manifestly erroneous or clearly wrong.

Terence St. Germain v. Lesley Simmons St. Germain

Louisiana Court of Appeal · Sep 11, 2019

We find the record establishes a reasonable basis upon which the trial court could find Ms. St. … We find the record establishes a reasonable basis upon which the trial court could find Ms. St.

State v. Williams

738 So. 2d 640 · Louisiana Court of Appeal · Jun 1, 1999

The trial transcript clearly shows, however, that defense counsel, and not the prosecutor, elicited the testimony forming the basis of this error assignment. … However, in the absence of qualifying provisions, the terms "intent" and "intentional" have reference to "general criminal intent." In State v.

Gee Cee Group, Inc. v. Thomas

2012 La.App. 4 Cir. 0514 · Louisiana Court of Appeal · Oct 31, 2012

Thomas in order to establish his current condition, diagnoses, treatment needs, and ability to return to work. In December 1998 and December 2000, Mr. Thomas was evaluated by neuropsychologist Dr. … When there are two permissible views of the evidence, a factfinder’s choice between them can never be manifestly erroneous or clearly wrong. Id.

Hooper v. Hooper

941 So. 2d 726 · Louisiana Court of Appeal · Nov 2, 2006

Appropriate notice to a legal representative would have been notice to him, but it was not until 1995 that a legal representative was appointed and qualified for him. … However, because Billy and his brother, R.P., were co-owners, the burden of proof of Billy's heirs was to establish the commencement of Billy's possession for himself, and, to establish this commencement, they had to show

Elmer v. West Jefferson Levee Dist.

803 So. 2d 229 · Louisiana Court of Appeal · Jan 7, 2002

They contend that the City only closed the culvert in the levee to protect the City of Westwego from flooding and that the City was immune from damages pursuant to the Louisiana Disaster Act of 1974, LSA-R.S. 29:727, and … The Supreme Court has established four requirements to determine whether Article 1153 allows an amendment that changes the identity of the parties sued to relate back to the date of the filing of the original petition.

Brown v. TULANE MED. CENTER HOS. AND CLINIC

958 So. 2d 87 · Louisiana Court of Appeal · May 9, 2007

that the fact finder is clearly wrong or manifestly erroneous. … Nevertheless, he qualified that response by stating that the ligaments do better from not changing the cast.

Wall v. Bryan

251 So. 3d 650 · Louisiana Court of Appeal · Jun 27, 2018

The trial court found Neiberg to be a more credible, qualified, and reliable expert than Woods. … The record clearly shows that Neiberg is an expert in not just valuation of closely-held companies, but specifically in ambulatory surgery centers, and the trial court was by no means clearly wrong in placing great weight

Hoerner v. ANCO Insulations, Inc.

729 So. 2d 640 · Louisiana Court of Appeal · Feb 3, 1999

Thus, in an expropriation case involving the production of two appraisers’ opinions that were formulated in anticipation of litigation, the Supreme Court held that “(a)n expert’s | ^written opinion is clearly not subject … That relationship was not established in these eases. Adams v. Deaton, Inc., 97-0059 (La.App. 4 Cir. 4/9/97) , 694 So.2d 482 , writ granted and judgment vacated, 97-1237 (La.6/30/97), 696 So.2d 997 , is not dispositive.

Bonnette v. Conoco, Inc.

801 So. 2d 501 · Louisiana Court of Appeal · Jan 11, 2002

Williams, who managed the LOHC project, did not establish soil analysis parameters to assess asbestos levels. … He admitted to having no experience with asbestos and testified that there were "much more qualified people in the field of asbestos that work for Conoco." In spite of his lack of experience, Mr.

State v. Joseph

11 La.App. 3 Cir. 1583 · Louisiana Court of Appeal · Jun 13, 2012

The record clearly supports a conviction on such a charge. Accordingly, defendant’s conviction is modified to second degree murder (R.S. 14:30.1(1)). Id. … However, the evidence in the record clearly and unequivocally establishes beyond a reasonable doubt that Defendant armed himself and drove purposefully to where he knew Ms. John would be picking up the children.

Bynum v. Good News Const.

96 La.App. 5 Cir. 41 · Louisiana Court of Appeal · May 28, 1996

It is now well established that the standard of appellate factual review in worker compensation cases is the same as for other civil cases, i.e. whether the findings made by the trier of fact are manifestly erroneous. … To qualify for temporary total disability benefits, an employee must prove by "clear and convincing evidence, unaided by any presumption of disability, that the employee is physically unable to engage in any employment or