Case law

Feinblum v. Louisiana State Board of Optom. Exam.

97 So. 2d 657 · Louisiana Court of Appeal · Oct 4, 1957

sought to enjoin a bond issue on the ground, inter alia, that two of the police jurors, whose vote was necessary to the majority vote apportioning the bonds did not possess the legal qualifications and were not legally qualified … When the agency's action is unconstitutional, beyond its jurisdiction or clearly illegal.

Poullard v. Michael

870 So. 2d 481 · Louisiana Court of Appeal · Apr 7, 2004

The nurse on duty is qualified to treat and administer first aid as is necessary. There was no need for a physician to evaluate you at that time. … For the foregoing reasons, we conclude that the administrative review procedures established by law were not complied with in the instant case. It is not necessary to assign fault for this non-compliance.

Hayes v. Autin

685 So. 2d 691 · Louisiana Court of Appeal · Dec 26, 1996

Autin who is both licensed and qualified to perform vasectomy. We fully understand all details about vasectomy as a means of birth control. The vasectomy was performed on July 19, 1993. Dr. … Even under a subjective standard, the facts in the case sub judice clearly show that Mr. Hayes gave an informed consent to the conventional vasectomy.

STATE FARM MUT. AUTO. IN. v. Ford Motor Co.

925 So. 2d 1 · Louisiana Court of Appeal · Jun 15, 2005

An appellate court may not reverse a ruling on a motion for involuntary dismissal unless it is manifestly erroneous or clearly wrong. Johnson v. … Where two permissible views of the evidence exist, the fact finder's choice between them cannot be manifestly erroneous or clearly wrong. Stobart v.

Vita Chenet v. Colgate-Palmolive Company

Louisiana Court of Appeal · Sep 19, 2024

Attanoos is probably one of the best qualified experts this Court ever encountered. 6. The Court gave Colgate an opportunity to allow Dr. … Here, the law of the case established only that asbestos was a cause of Ms. Chenet’s mesothelioma.

State v. Vice

997 So. 2d 904 · Louisiana Court of Appeal · Dec 10, 2008

However, La.R.S. 15:438 does not establish a stricter standard of review on appeal than the rational juror's reasonable doubt standard. … charged with one count of extortion, a violation of La.R.S. 14:66, which provides: Extortion is the communication of threats to another with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity

State v. Craddock

435 So. 2d 1110 · Louisiana Court of Appeal · Jun 28, 1983

number of wounds; and to establish the identity of the victim. … Clearly, the "other crimes evidence" either formed part of the res gestae or established events comprising the res gestae; therefore, no Prieur notice was required and the evidence was properly admitted. [6] *1119 For the

ORX Resources, Inc. v. MBW Exploration, L.L.C.

32 So. 3d 931 · Louisiana Court of Appeal · Feb 10, 2010

Wash-auer is statutorily immune from personal liability and was not a proper party defendant. … Therefore, we cannot say that the district court clearly abused its discretion based on the record before us.

Gullatt v. J.C. Penney Co.

93 La.App. 3 Cir. 1485 · Louisiana Court of Appeal · Jun 1, 1994

Plaintiff applied for unemployment insurance benefits but was not qualified. During the period April, 1991 through July, 1991, plaintiff did not work or see any physician. … Plaintiff asserts she is entitled to the evidentiary presumption of causation established in the case of Lucas v. Ins. Co. of North America, 342 So.2d 591 (La.1977), and restated in Housley v.

VAN MARTIN v. Martin

32 So. 3d 319 · Louisiana Court of Appeal · Apr 9, 2010

Landos testified that she was not qualified to comment on whether Anna was at fault in the termination of the marriage. Dr. Landos stated that C.M. said she felt ignored in the house. … Consequently, we must conclude that the trial court was clearly wrong in finding that Anna was at fault in the dissolution of the marriage.

Dwayne Alexander v. Louisiana State Board of Private Investigator Examiners, Phyllis Glazer, James P. Englade, Lance Wallace, Annette Kovac, and Meeks and Associates

Louisiana Court of Appeal · Apr 1, 2020

In their answer, the Defendants asserted multiple affirmative defenses, including discretionary immunity and quasi-judicial immunity. … The trial transcript clearly reflects that once the trial court deemed Mr. Alexander’s suit was premature and also granted LSBPIE’s Special Motion to Strike, the remaining exception filed by Ms. Kovac was moot.

Ballard v. Younger Transportation, Inc.

461 So. 2d 593 · Louisiana Court of Appeal · Dec 28, 1984

The factual conclusion reached by the trial *597 court that plaintiff suffers substantial pain is not clearly wrong and will not be disturbed on appeal. Crump v. … Once the worker establishes that he falls into the odd lot category, however, he is entitled to total, permanent disability compensation unless the employer or his insurer is able to show that some form of suitable work is

Susan Arrington, Etc. v. Er Physicians Group, Apmc

Louisiana Court of Appeal · Sep 27, 2006

In order to qualify for the Act, a patient must first go through a Medical Review Panel rather than go directly to the courts. … [and] [t]his presumption continues until the party challenging the act’s constitutionality establishes that it contravenes some provision of the state or federal constitution.” Everett v.

Bossier Elec. v. Cubley

821 So. 2d 685 · Louisiana Court of Appeal · Jun 14, 2002

A work injury subsequent to a known permanent partial disability qualifies an employer to seek reimbursement for worker's compensation benefits from a statutorily designated second injury fund under certain circumstances. … Thus, BEC failed to establish that it was prejudiced on the basis that the excluded medical information either directly related to the injury that is the subject of the claim or affected BEC's ability to recover from the

Small v. Levy

355 So. 2d 643 · Louisiana Court of Appeal · May 5, 1978

Without these words, the exception clearly applies to Judge Levy. … The purpose of the constitutional provision was to insure not only that judges were qualified when elected, but also that they remained qualified during their terms of office.

Dual Drilling Co. v. MILLS EQUIPMENT INVS., INC.

705 So. 2d 1246 · Louisiana Court of Appeal · Jan 7, 1998

wrong based on the evidence, or clearly without evidentiary support. … The testimony clearly establishes that this rig was one of only 18 of its type ever manufactured, and no general after-market exists from which a used replacement might be obtained.

Marange v. Custom Metal Fabricators, Inc.

11 La.App. 3 Cir. 743 · Louisiana Court of Appeal · Nov 2, 2011

that the finding is clearly wrong (manifestly erroneous). … Mar-ange failed to establish his case by a preponderance of the evidence. We disagree.

Sparks v. TULANE MED. CTR. HOSP. & CL.

537 So. 2d 276 · Louisiana Court of Appeal · Feb 24, 1989

Such a finding cannot be considered clearly wrong. See Arceneaux v. Domingue, 365 So.2d 1330 (La. 1978); Canter v. Koehring, 283 So.2d 716 (La.1973). … There is no evidence in the record to establish that she ever earned more than that.

Culpepper v. Slater

131 So. 2d 76 · Louisiana Court of Appeal · Jun 1, 1961

The showing made in the instant case is inadequate, in our opinion, to establish voluntary or unconditional acquiescence in the judgment or to establish that the appellants had the intention to abandon the appeal. … This is very clearly expressed in Cross on Successions, §35, as follows: "`The seisin of the succession representative operates merely to protect his title as detainer of the property for the purpose of his administration

Yokum v. Nicholas S. Karno II, Inc.

126 So. 3d 723 · Louisiana Court of Appeal · Oct 23, 2013

The April 20, 2012 judgment clearly stated that “Nicholas S. … Yokum argues that Anderson has resided at that address since 1993, and most certainly qualifies as a “neighbor” to the offending property (Old Opera House). La.