Case law

Louise Kaltenbaugh, ph.D. and Kathernie Robinson, ph.D. v. Board of Supervisors, Southern University and Agricultural and Mechanical College at Baton Rouge (Southern University at New Orleans Campus)

Louisiana Court of Appeal · Oct 23, 2019

that the finding is clearly wrong (manifest error). … The Board conceded that each of the Plaintiffs were qualified faculty members in the areas for which they were employed prior to Hurricane Katrina.

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.

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

Clark v. Atlantic Painting Co.

521 So. 2d 505 · Louisiana Court of Appeal · Feb 10, 1988

"To qualify for supplemental earnings benefits under La.R.S. 23:1221(3)(a) a plaintiff is required to prove by a preponderance of the evidence that a work related injury resulted in her inability to earn wages equal to 90% … FRIVOLOUS APPEAL Clearly, this is not a frivolous appeal by North River. There were serious questions of fact and law. We deny Ms. Clark's request for damages.

Proshee v. Shree, Inc.

893 So. 2d 939 · Louisiana Court of Appeal · Feb 2, 2005

This exclusion applies to all individuals or entities qualifying as an insured under Section II — Who Is An Insured, including any and all Additional Insureds." EXCLUSION — ASSAULT AND BATTERY 1. … exclusion would apply regardless of who committed the battery, the Court found that the insurer was required to show the lack of a genuine factual dispute that plaintiff's injuries resulted from an intentional tort in order to establish

State v. Murphy

2015 La.App. 1 Cir. 1326 · Louisiana Court of Appeal · Apr 15, 2016

Further, the eighteen-foot tall structure with a padlocked gate was clearly designed to keep the public out and to allow for employee-access only. … Undeniably, the defendant was not given permission to enter this area; to the contrary, the cut padlock via bolt cutters established the defendant entered a prohibited area.

I E C I, LLC D/B/A Ieci & Associates Versus South Central Planning and Development Commission, Inc. and St. Charles Parish

Louisiana Court of Appeal · Feb 23, 2022

IECI further alleges the trial court erred in sustaining IECI’s exception of no cause of action based on defendants’ discretionary immunity or state action immunity. … R.S. 9:2798.1, or state action immunity under Parker v.

Waller v. State, Department of Health & Hospitals

11 La.App. 3 Cir. 643 · Louisiana Court of Appeal · Nov 9, 2011

and, 2) does the record indicate that the finding was clearly wrong? Id. … “A contract is formed by the consent of the parties established through offer and acceptance.” La.Civ.Code art. 1927.

Sea Robin Pipeline Co. v. NEW MEDICO CLINIC

809 So. 2d 176 · Louisiana Court of Appeal · Jun 22, 2001

The Medico records, however, clearly show that he reported incidents of other patients frightening him, [5] and the sworn statement of Mrs. Fage reveals he reported such incidents to *180 her. Furthermore, Dr. … reliability tests, and further, the experts should not be permitted to relate their opinions on the credibility of the non-testifying incompetent witness. *184 Testimony on credibility has the effect of putting an impressively qualified

Nailor v. International Harvester Co.

430 So. 2d 784 · Louisiana Court of Appeal · Apr 11, 1983

Patricia Crowley, also an IH employee, qualified as an expert in mechanical engineering for the defense. … Since the evidence does not establish that the jury was clearly wrong, the verdict for defendants must be affirmed.

Rhonda Tyler v. Jerry M. Tyler

Louisiana Court of Appeal · Sep 28, 2016

In the alternative, the trial court’s ruling was manifestly erroneous and clearly wrong. 3. The trial court erred in qualifying Mr. … Further, Jerry must establish that he lacks sufficient income or the ability to earn a sufficient income. See Derouen, 893 So.2d 981.

Carver v. Carver

243 So. 3d 1066 · Louisiana Court of Appeal · Apr 18, 2018

Ordered Ricky to cooperate upon his retirement, to affect a Qualified Domestic Order according to the Sims formula. Pamela timely filed a motion for devolutive appeal. … Under manifest error or clearly wrong standard of review, an appellate court must determine whether the trial court made a factual finding that was manifestly erroneous or clearly wrong and must review the record in its entirety

State v. Williams

2013 La.App. 4 Cir. 1300 · Louisiana Court of Appeal · Jun 4, 2014

Thus, the enumeration of the Miranda rights in the Voluntary Statement Form coupled with Detective Nolan’s testimony establish that when Mr. … Harris entered a qualified plea of guilty under State v. Crosby, 338 So.2d 584 (La.1976).

Charles A. Gibson, Sr. Versus Byron L. Lee and Hon. Jon A. Gegenehimer, Jefferson Parish Clerk of Court

Louisiana Court of Appeal · Aug 28, 2023

qualifying, notwithstanding any other provision of law to the contrary…. … Appellate courts review findings of fact under the manifest error or clearly wrong standard. North v. Doucet, 18-437 (La. App. 5 Cir. 8/1/18), 253 So.3d 815, 818.

Chl Enterprises, LLC D/B/A Loewer Lawn & Cycle v. State of La., Dept. of Revenue

Louisiana Court of Appeal · Nov 4, 2009

The third area of disagreement concerned the sale of equipment that clearly did not qualify as rubber tired farm tractors, but that did—according to Loewer’s customers—qualify as “other equipment used in agricultural production … That business is clearly harmed, however, when it is required to pay someone else’s taxes.

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.

Bach v. Board of River Port Pilot Commissioners

193 So. 3d 355 · Louisiana Court of Appeal · May 12, 2016

The correct defendant clearly got notice of the plaintiffs suit within the prescriptive period. Ms. … Clearly, in this case, the Consent Agreement is an existing, enforceable contract. . Mr.

State v. Baker

535 So. 2d 861 · Louisiana Court of Appeal · Aug 17, 1988

We find that although the four aggravated rape counts are similar, they probably do not qualify as being admissible under LSA-R.S. 15:445 and 446 to establish intent, knowledge or system in accordance with State v. … Defense counsel was well aware of the crimes in Tangipahoa Parish and the amended notice merely corrected the docket number and more clearly set forth the state's reasons for introduction of the evidence.

Rideau v. State Farm Mut. Auto. Ins. Co.

2006 La.App. 1 Cir. 0894 · Louisiana Court of Appeal · Aug 29, 2007

Minors who are incapable of discernment are immune from being found legally at fault. … Ward was not clearly wrong. Since we agree with the allocation of 60 percent of the fault to Mr.

Heirs of Gremillion v. Rapides Parish Police Jury

480 So. 2d 748 · Louisiana Court of Appeal · Mar 21, 1986

A Police Jury's property is immune from seizure for purposes of satisfying judgments against it. See Foreman v. … Appeals are favored, and damages for frivolous appeals are not granted unless they are clearly due. Hebert v. Knoll, 370 So.2d 151 (La.App. 3rd Cir.1979).