Case law

Cooper v. Lafayette Parish School Board

16 La.App. 3 Cir. 169 · Louisiana Court of Appeal · Nov 23, 2016

The salary schedule at issue clearly sets forth that the salaries are to be computed based on a 244 day year. … It shall be the responsibility of the superintendent to ensure that all persons have proper certification, as applicable, and are qualified for the position. Dr.

Matter of Succession of Sims

464 So. 2d 991 · Louisiana Court of Appeal · Feb 26, 1985

The first element, i.e., the thing demanded, was not established by the stipulated facts. … "However, the bill as finally passed was clearly a compromise proposal.

State of Louisiana v. Jarvis Ballard

Louisiana Court of Appeal · Jul 21, 2021

(2) The factual circumstances establishing the timeliness of the application. … Clearly, because the claim of ineffective assistance of counsel in the instant application is predicated on a new substantive claim, it was error for the district court to dismiss it as impermissibly repetitive.

Wilson v. City of Shreveport

682 So. 2d 882 · Louisiana Court of Appeal · Nov 1, 1996

Both arising out of and in the course of employment must be proven for a worker to qualify for compensation benefits. *885 Mitchell v. Brookshire Grocery Co., 26,755 (La.App. 2 Cir. 4/5/95), 653 So.2d 202 . … In the instant case, the record clearly establishes, when the accident occurred, that Sergeant Wilson was en route to a psychology class which related to the duties of his employment and, thus, was of benefit to his employer

Beno's, Inc. v. Professional Gaming Technology

1 La.App. 3 Cir. 0436 · Louisiana Court of Appeal · Oct 3, 2001

(PGT), a corporation in the business of placing and operating video poker devices in qualified commercial establishments, wherein it gave PGT the exclusive right to place and operate video poker devices in Beno’s “business … The renewal agreement at issue in this litigation clearly and explicitly provides for a five-year term “commencing on the date [the renewal agreement] is signed.” (Emphasis added).

Hair v. City of Baton Rouge

297 So. 2d 451 · Louisiana Court of Appeal · Sep 20, 1974

For the reasons hereinafter stated, we do not deem it necessary to decide whether the sums spent were repairs or improvements to qualify for the statutory option under La. R.S. 41:1217. … The only statute relating to airport leases on the books at the time the Airport Commission was established was the Uniform Airports Act.

Dowden v. Miller

415 So. 2d 283 · Louisiana Court of Appeal · Apr 13, 1982

However, our examination of the record reveals that the evidence clearly supports the determination that Miller was not negligent. … LIABILITY OF CHARTER NATIONAL Plaintiff failed to establish at trial that John Edward was uninsured or underin-sured at the time of the accident.

Hano v. Kinchen

122 So. 2d 889 · Louisiana Court of Appeal · Jun 29, 1960

In this connection considerable reliance is placed by counsel for plaintiff on the jurisprudence established in Carpenter v. Madden, La.App., 90 So.2d 508 , and Stevens v. … His testimony was clearly to the effect he merely remitted the amounts to T. H.

Ryan v. Blount Bros. Const., Inc.

927 So. 2d 1242 · Louisiana Court of Appeal · Apr 19, 2006

The coverage issues involved included whether the employer's failure to become a qualified self-insurer rendered the excess insurance policy invalid; whether the employer's failure to become a qualified self-insurer precluded … Frazier, although qualified as an insurance agent, was not licensed as a solicitor for the Gibson agency.

Guillot v. Guillot

14 La.App. 3 Cir. 364 · Louisiana Court of Appeal · Dec 23, 2014

The majority also finds the record establishes Reece was wrong to follow Wayne to his home and confront him in his own driveway. … Nor does the evidence establish that Wayne impliedly consented to the batteries perpetrated by Reece and Benjamin.

Landreneau v. St. Landry Parish Police Jury

355 So. 2d 978 · Louisiana Court of Appeal · Dec 20, 1977

“Classification plan” means all the classes or positions established for the classified service. … It could hardly be the intention of the statute that the in-charge requirement would call for a captain to be present on the truck solely to chaperone the driving of an otherwise qualified driver.

Cassandra Crow v. Richard Foster and The State of Louisiana, through the Department of Transportation and Development

Louisiana Court of Appeal · Nov 6, 2024

Plaintiff also asserted that the motor grader qualifies as a motor vehicle pursuant to La. … is clearly wrong.

West v. Gajdzik

425 So. 2d 263 · Louisiana Court of Appeal · Dec 22, 1982

Article 3521 provides that prescription runs against all persons unless they are included in some exception established by law. … He also advised defendant that she would have no duty to contact plaintiff, regarding her father's death, if she did not qualify as executrix of decedent's will.

Dubea v. Roy

200 So. 2d 744 · Louisiana Court of Appeal · Jun 29, 1967

We think the evidence fails to establish that the tree in plaintiff’s front lawn was damaged. … The evidence, we think, fails to establish that there will be a loss of income from the beauty shop as a result of the 1966 accident.

State v. Griffin

540 So. 2d 1144 · Louisiana Court of Appeal · Feb 28, 1989

The record clearly establishes that the trial court did not consider the motion in question and defendant did not re-urge the motion in question. … Darwin Givins' testimony about the victim's last statements was admissible because the statements would qualify as "excited utterances" and "dying declarations." See, State v.

Doyle v. Picadilly Cafeterias

576 So. 2d 1143 · Louisiana Court of Appeal · Mar 13, 1991

It is well-established in our jurisprudence that a trial court has wide discretion in acting upon a motion for continuance. … In the instant case, in light of the standard set out above, we cannot say that penalties for frivolous appeal are clearly due here.

Davis v. Contorno

234 So. 2d 470 · Louisiana Court of Appeal · Apr 13, 1970

It also clearly states that amounts paid for a particular period pursuant to order of either court shall be credited against amounts accruing or accrued for the same period under both decrees. … The legislature, in its wisdom, may grant, withhold, qualify or restrict the right to such a defense as it sees fit.

State v. Broussard

16 La.App. 3 Cir. 974 · Louisiana Court of Appeal · Jun 13, 2017

are a means of “ ‘eliminat[ing] extremes of partiality on both sides,’,.. thereby ‘assuring the selection of a qualified and unbiased jury.’ ” Holland v. … While peremptory challenges are one means of assuring the selection of a qualified and unbiased jury, the U.S.

Sims-Smith, Ltd. v. Stokes

466 So. 2d 480 · Louisiana Court of Appeal · Feb 11, 1985

Defendant, who contracted to advise plaintiff in the development, opening and establishment of the store, has appealed. … We find no error in the trial judge's refusal to qualify as an expert the witness defendant offered to prove the value of her services. That individual, Ms.

Kelty v. Brumfield

691 So. 2d 242 · Louisiana Court of Appeal · Mar 12, 1997

Brumfield, a qualified health care provider, induced labor by injecting Mrs. Lynn Kelty with Pitocin. Mrs. … statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Arbitrary or capricious or characterized by abuse of discretion or clearly