Case law

McCallon v. Key Energy Servs., LLC

271 So. 3d 249 · Louisiana Court of Appeal · Apr 24, 2019

Megan Smith, Key Energy Services workforce coordinator in Williston, testified that Key Energy Services established its travel program as an incentive to attract qualified employees to work in Williston, that the employee's … McCallon's claims is contrary to well-established jurisprudence, and the single case it cites in support of its position is clearly inapposite to the facts herein.

Able v. Vulcan Materials Co.

2011 La.App. 1 Cir. 0448 · Louisiana Court of Appeal · Feb 8, 2012

Furthermore, in the January 18, 2008 response, Vulcan clearly acknowledged that the Dillons were not included in any settlement class. … He testified quite clearly that he was not Kurt. He sought no medical treatment; that he was fine. He was honest enough to tell me anyone who was not hurt should not get an award of money." .

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.

Ward v. Pennington

434 So. 2d 1131 · Louisiana Court of Appeal · May 31, 1983

"Clearly the delay in seeking specific performance by Mr. … Robert, supra . *1138 In an action based on the existence of an agency relationship, such relationship must be clearly established. An agency relationship cannot be presumed. Patrick v.

Rebel Distributors Corp. v. Luba Workers' Comp.

12 La.App. 3 Cir. 909 · Louisiana Court of Appeal · Mar 6, 2013

Thomas Clinic are qualified Health Care providers in the state of Louisiana[.]” … The June 29, 2007 contract clearly did not establish a mandate relationship between Physician Partner and Dr. Heard/Clinic. As previously stated, it was an assignment in full ownership of the accounts arising from Dr.

ENTERGY LOUISIANA, INC. v. James

974 So. 2d 838 · Louisiana Court of Appeal · Jan 23, 2008

Did the Trial Court err in its determination that there was a prior trim point established by or on behalf of Entergy Louisiana, Inc.? 5. Did the Trial Court err in dismissing Paul R. … them cannot be manifestly erroneous or clearly wrong.

Patrick M. Wartelle v. Ellen Mintz

Louisiana Court of Appeal · Jun 8, 2022

Wartelle’s statement, the deposition of Corporal Fontenot establishes otherwise. Corporal Fontenot clearly states that he did not believe that he was being deceived by the complainant Ms. Mintz, nor by Ms. Gibson. … Clearly, Corporal Fontenot took the statements of Ms. Mintz to be merely her perceptions or opinion as to what happened.

State v. Bolden

680 So. 2d 6 · Louisiana Court of Appeal · Apr 17, 1996

The high court reviewed the record from the original murder trial and made the following analysis of the facts in light of well-established jurisprudence. … On January 17, 1995, the court called potential jurors into the courtroom and proceeded to qualify the jury. The defendant had waived his presence as to the "initial qualifying" of the voir dire.

Walker v. Jim Austin Motor Company

162 So. 2d 135 · Louisiana Court of Appeal · May 27, 1964

In these latter instances the rule is well established that where fraud or error is properly pleaded and it is made clearly to appear that through fraud or mistake the written instrument expresses a purpose different from … Guest, La.App., 147 So. 771 , the court, as reflected from the syllabus, held: "`"Though parol evidence is inadmissible to establish promise to pay debt of third person, it is admissible to establish absolute primary obligation

Johnson v. Berg Mechanical Industries, Inc.

847 So. 2d 216 · Louisiana Court of Appeal · May 16, 2003

Moreover, Johnson did not establish that the WCJ abused her great discretion in refusing to continue the trial based upon *223 a good ground. … Evidence can qualify as “competent evidence,” provided that the evidence has some degree of reliability and trustworthiness and is of the type that reasonable persons would rely upon.

Mrs. Salvatore Paul Provenza, Sr., Salvatore Paul Provenza, Jr., Victoria C. Provenza, and the Unopened Succession of Salvatore Paul Provenza, Sr. v. The City of Bossier City, Louisiana, Bossier Parish, Louisiana, Pam Glorioso, Individually and in her Official Capacity as an Employee of the City of Bossier City, Louisiana, and H & W Demolition, Inc.

Louisiana Court of Appeal · Jun 30, 2021

Abandonment functions to relieve courts and parties of lingering claims by giving effect to the logical inference that a legislatively designated extended period of litigation inactivity establishes the intent to abandon … The plaintiffs also argue that they “clearly” did not intend to abandon the action because they “engaged in discovery pre-trial motion practice.”

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

Burns v. CLK Investments V, L.L.C.

2010 La.App. 4 Cir. 0277 · Louisiana Court of Appeal · Sep 1, 2010

To conclude on the requirement that a plaintiff must establish that the thing, here the ramp, presents an unreasonably dangerous consideration, we consider former La. … Burns herself and by Ladd Ehlinger, a forensic architect, qualified by the court as an expert in the "field of architecture including how people move through spaces and causation of accidents only as it relates to architectural

State v. Trammell

78 So. 3d 205 · Louisiana Court of Appeal · Nov 9, 2011

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 … He explained that entry wounds are more defined and he could clearly tell that the wound in Off. Madjerick’s cheek was from a bullet entry.

Gwen Fontenot and Renee M. Brown v. Todd P. McKellar

Louisiana Court of Appeal · Aug 23, 2023

At the hearing, both plaintiffs introduced evidence to establish that they are qualified electors of House District 38 and have standing to bring this action. … When the “qualifications for an office include a residency or domicile requirement, a candidate shall meet the established length of residency or domicile as of the date of qualifying.” La.R.S. 18:451.

Woods v. City of New Orleans

2003 La.App. 4 Cir. 1776 · Louisiana Court of Appeal · Mar 31, 2004

The RTA qualifies this reduction by subtracting a bill for Ms. … Christopher Marrero, established that it is possible that Ms. Woods may require a knee replacement in the future. However, Dr.

State v. Housley

117 So. 3d 1288 · Louisiana Court of Appeal · Jun 26, 2013

Olivia Thornhill Jones was qualified as an expert “sexual assault examiner.” … Monnie Malakhai was qualified as an expert in the field of DNA analysis.

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.

Duplechain v. Jalili

10 La.App. 3 Cir. 736 · Louisiana Court of Appeal · Dec 8, 2010

Once a qualified health care provider or its insurer pays $100,000.00 to a medical malpractice victim, the liability of the health care provider is to be considered as admitted and established pursuant to the statute regarding … The Medicaid statutes clearly recognize the recovery efforts of the attorney.

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