Case law

Futral v. State ex rel. Department of Public Safety & Corrections

699 So. 2d 1089 · Louisiana Court of Appeal · Jun 23, 1997

Accordingly, we cannot say the finding is manifestly erroneous or clearly wrong. … Accordingly, the FLSA is not implicated under the facts of this case. 11 Nor are we persuaded by plaintiffs’ assertion that under 29 CFR § 541.118 their monthly rate of pay does not qualify as a salary for purposes of the

Pelican Point Operations v. CHILDERS CO.

2000 La.App. 1 Cir. 2770 · Louisiana Court of Appeal · Feb 15, 2002

App. 1 Cir. 11/8/96), 682 So.2d 1303, 1306 , where this court observed that while the merits of plaintiffs' claim may pertain to issues of conduct and safety, the issue before the court, namely, whether defendants are immune … Orleans 1937) where the court observed the following: There can be [no] doubt that the jurisprudence of this state is firmly established, beginning with the case of Thayer v.

Hartford Fire Insurance Co. v. Roger Wilson, Inc.

252 So. 2d 161 · Louisiana Court of Appeal · Oct 28, 1971

McClain, however, was neither tendered nor qualified as an expert and he had no first-hand knowledge of what repairs were necessary or effected. … Other articles of our Civil Code clearly contemplate that a lease is valid even though no time is specified.

Deleon v. WSIS, INC.

728 So. 2d 1046 · Louisiana Court of Appeal · Feb 26, 1999

The agreement provided: Title to the herein described property must be merchantable or must qualify for title insurance. … Also the parties clearly agreed that specific performance could be demanded for a breach of the contract.

Bonnette v. National Surety Corp.

75 So. 2d 345 · Louisiana Court of Appeal · Oct 6, 1954

He clearly stated that he was not in a position to say that an accident caused his disability. … Let me qualify that injury to the lacrimal gland — say an injury to the lacrimal gland is very rare in the absence of a fracture. “Q.

Darbone v. State

2001 La.App. 3 Cir. 1196 · Louisiana Court of Appeal · Feb 6, 2002

He testified that he has been qualified as an expert in highway maintenance and highway safety in Louisiana courts. … Because the cap was to be established annually, application of the appropriate cap was established according to "the time of judicial demand."

State v. DUPONT

973 So. 2d 180 · Louisiana Court of Appeal · Dec 21, 2007

s testimony established that defendant touched and kissed her breasts after raising her shirt or directing S.S. to raise her shirt. … s testimony supports a finding that defendant took other photographs and videotapes of her that qualified as pornography under La. R.S. 14:81.1.

Terral v. LOUISIANA FARM BUREAU CAS. INS.

892 So. 2d 732 · Louisiana Court of Appeal · Jan 26, 2005

Mangum owned the black dog for purposes of establishing liability. … With one exception, the testimony of the residents of the neighborhood clearly established that a medium-size black dog had taken up residence at the Mangum trailer for approximately the two years preceding the accident and

Brien v. Leon Angel Constructors, Inc.

978 So. 2d 576 · Louisiana Court of Appeal · Mar 12, 2008

A plaintiff in a workers' compensation action has the burden of establishing a work-related accident by a preponderance of the evidence. Player v. … Brien did not tell Walker that he had a GED, which would have been important to know because it qualified him for jobs involving less manual labor; Walker did not look for those types of jobs.

Worsham v. Hanover Insurance Co.

378 So. 2d 1060 · Louisiana Court of Appeal · Dec 3, 1979

Coco re-emphasized that before an appellate court can change an award made by a trial court, the record must clearly reveal that the trier of fact abused his discretion in making the award. Reck v. … We have concluded from a totality of the testimony that plaintiff has failed to establish she had any lumbar back injury or elbow injury which was related to the accident.

Succession of Sporl

2003 La.App. 4 Cir. 1084 · Louisiana Court of Appeal · Oct 1, 2003

The co-executors qualified as co-executors and letters testamentary were issued to them on 19 April 1999. … Harold, as a trustee-to-be of the trust established by the decedent’s will, objected. 1 A hearing was held on the matter on 14 March 2003, and on 26 March 2003, the trial court issued a judgment refusing to homologate the

Francis v. Home Furniture Co.

16 La.App. 3 Cir. 124 · Louisiana Court of Appeal · Jun 1, 2016

However, the burden of proof shifts to the claimant to show that prescription has been interrupted or suspended when the claimant’s petition has clearly prescribed on its face. Id. … Francis presented no evidence that would tend to establish that the prescriptive period for these claims had not passed. .

Michael Gros v. Fred Settoon, Inc.

Louisiana Court of Appeal · Dec 23, 2003

The Administrative Law Judge found Gros’ injury upon navigable waters was sufficient -1- to qualify him for benefits under the LHWCA. … Furthermore, imposing such a bar would result in subjecting to suit an employer who immediately and voluntarily begins compensation payments while immunizing from suit an employer who forces his employee

State v. Clayton

570 So. 2d 519 · Louisiana Court of Appeal · Nov 14, 1990

Davison's testimony was vital in establishing that the defendant's conduct conformed to that of an abused spouse or other victim of family violence. … The disputed inquiry concerning the absence of fingerprints on the 25 caliber pistol clearly falls within the scope of Mr.

State ex rel. D.S.C. v. J.C.R.

811 So. 2d 198 · Louisiana Court of Appeal · Feb 27, 2002

None of the children were current on their immunizations. … Although only one ground need be established, the trial court must also find that termination is in the child’s best interest.

State v. Gene

587 So. 2d 18 · Louisiana Court of Appeal · Aug 21, 1991

The state also established through the testimony of Detective Fried, who was qualified as an expert in the packaging, use, and distribution of cocaine, that crack dealers typically carry rocks in prescription pill bottles … In light of his prior felony record and his poor response to probationary treatment, defendant’s sentence is clearly not excessive.

In re the Professional Liability Claim of Snavely

15 La.App. 3 Cir. 207 · Louisiana Court of Appeal · Nov 4, 2015

Clearly, by that point, Ms. Snavely had enough information to put her on guard. Campo, 828 So.2d 502 . Yet, she still did not file her request to convene a medicaT review panel until over a year later on June 24, 2014. … Snavely asserts that if the trial court found that her allegations were insufficient .to establish a date *623 of discovery of July or August 2013, the trial judge should have given her an opportunity to amend her complaint

State v. Holden

30 So. 3d 1053 · Louisiana Court of Appeal · Jan 27, 2010

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 reasonable … Where the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with La. C. Cr. P. art. 894.1. State v.

Roberts v. Owens-Corning Fiberglas Corp.

878 So. 2d 631 · Louisiana Court of Appeal · Apr 2, 2004

The first JNOV, however, clearly apportioned fault and the second JNOV clearly altered the terms of the first JNOV. … Richard Lemen, a qualified expert, testified about these reports. He opined that by 1940, and clearly by the mid-1950s, it was well established that there was a causal link between asbestos and lung cancer.

Campbell v. Hospital Service District No. 1

862 So. 2d 338 · Louisiana Court of Appeal · Dec 10, 2003

Specifically, plaintiffs argue that the expert testimony clearly established that the standard of care for a patient like Mr. Campbell required the administration of heparin and aspirin in the *347 emergency room. … This qualified Mr. Campbell's condition as recurrent. For that diagnosis, the EMAJ article set forth a "rule" that required the administration of heparin and aspirin.