Case law

Anthony Lavalais v. State of La., Dotd

Louisiana Court of Appeal · Dec 9, 2009

[t]he appellate court must further determine that the record establishes that the finding is not clearly wrong (manifestly erroneous). Mart v. … Therefore, we find that the trial court’s decision in this case was manifestly erroneous and clearly wrong.

Kira Reaver v. Degas House, L.L.C.

Louisiana Court of Appeal · Mar 13, 2023

Second, “the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous).” Id. … The parties disagreed upon the percentage of the service fee that constituted commission and which events qualified Ms. Reaver for commission, i.e., worked versus booked and worked.

Marsh Engineering, Inc. v. Ernest L. Parker

Louisiana Court of Appeal · Sep 29, 2004

Louisiana courts have held the following 11 immunities to be personal to the insured and therefore unavailable to the insurer: interspousal immunity, parental immunity, governmental … immunity, charitable immunity, minority, bankruptcy and insanity.

Trahan v. Savage Industries, Inc.

692 So. 2d 490 · Louisiana Court of Appeal · Mar 5, 1997

ACTION OF THE TRIAL COURT The trial court concluded that plaintiffs had established liability under three out of the four theories expressed in Halphen v. … Instead, the trial court looked to the evidence concerning Trahan's past employment as well as his current employment and other employment for which he was qualified.

Armstrong v. Armstrong

493 So. 2d 253 · Louisiana Court of Appeal · Aug 18, 1986

According to them, it established their adverse possession and created the "imaginary line". … The issue of title is relevant here only to establish a claim of constructive possession.

Alfred Conhagen, Inc. of Louisiana v. Ruhrpumpen, Inc. and Waldemar S. Nelson and Company, Inc.

Louisiana Court of Appeal · Apr 13, 2022

STANDARD OF REVIEW On appellate review, the trial court’s findings of fact are reviewed under a manifest error or clearly wrong standard. Hall v. … or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity

Hohensee v. Turner

2014 La.App. 4 Cir. 0796 · Louisiana Court of Appeal · Apr 22, 2015

“Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact.” … Subsection D of this same statute clearly provides a cause of action against a member of a limited liability company because of any breach of professional duty.... ” She further relies on Ogea v.

Wall v. Sisters of Charity of Incarnate Word

488 So. 2d 1032 · Louisiana Court of Appeal · May 7, 1986

An odd lot claimant need not be absolutely helpless to qualify for total disability. … As in Culp, supra, the plaintiff in the instant case did not establish a prima facie case for classifications as an odd lot worker either.

State v. Sterling

496 So. 2d 659 · Louisiana Court of Appeal · Oct 28, 1986

The burden of establishing fraud or that some irreparable injury has been caused by the jury selection process is borne by the defendant. State v. Liner, 397 So.2d 506 (La.1981); State v. … Such factual determinations will not be disturbed unless clearly contrary to the evidence. State v. Klar, 400 So.2d 610 (La.1981); State v. Smith, 445 So.2d 521 (La.App. 3 Cir.1984).

State v. Murphy

785 So. 2d 197 · Louisiana Court of Appeal · Apr 6, 2001

However, an examination of that statement clearly indicates that Murphy was referring to Erica. … 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

Fecke v. Board of Supervisors

2015 La.App. 1 Cir. 0017 · Louisiana Court of Appeal · Jul 7, 2015

LAW AND DISCUSSION Standard, of Review The appellate court’s review of factual findings is governed by the manifest error/clearly wrong standard. … It argues that the Agreement establishes that-Ms.

Extemal Khalaf v. Mass Resources, Inc.

Louisiana Court of Appeal · Oct 2, 2019

However, La.R.S. 23:1032 “explicitly immunizes defendants from tort liability where the decedent suffers injury or death during the course and scope of employment.” Deshotel v. … Previously, Emad Khalaf and Mass Resources clearly admitted that Tarek Khalaf was both an employee of the companies and in the course and scope of employment when he was injured.

State v. Jackson

2015 La.App. 4 Cir. 0809 · Louisiana Court of Appeal · May 25, 2016

Alexander was- panicked, he was speaking very clearly and told his mother, Yolanda Muse, he was going to die. Sergeant Baker testified that she asked Mr. … Jackson’s cell phone records when he was not qualified as an expert in that field.

De Rome A. Seals v. Joseph corona/dba Nola Automotive Repairs

Louisiana Court of Appeal · Mar 29, 2023

Corona clarified that he did not perform the repairs himself but that a “qualified technician” performed the work. Further, Mr. … that the fact finder is clearly wrong or manifestly erroneous.”

Mark Shubert, Joseph Segretto and Keith Noya v. Board of Trustees of the Fire Fighter's Pension and Relief Fund

Louisiana Court of Appeal · Nov 10, 2021

The language “upon his written application to the Board” establishes that the Board’s review of the application is a necessary second step. La. … Analyzing the record in its entirety, we find that the appellee reviewed the appellants’ applications in full and scrutinized the appellants’ medical records to ensure that they were medically qualified.

State of Louisiana v. Joshua C. Riley

Louisiana Court of Appeal · Aug 31, 2023

Martin”), a forensic nurse at UMC, was qualified as an expert in sexual assault and forensic examinations. … Moreover, the jury was clearly aware that the toxicology results did not show the presence of a date rape drug.

Beckham v. Commercial Union Ins. Co.

517 So. 2d 886 · Louisiana Court of Appeal · Oct 7, 1987

The 1983 amendment established a stricter standard for establishing permanent and total disability, i.e., the claimant must prove, by clear and convincing evidence, that he is physically unable to engage in any employment … The record reflects only that such a position was open in the area and that plaintiff could have applied therefor and if he passed the qualifying test and was otherwise qualified, he would have been considered for training

White v. EA Caldwell Contractors, Inc.

276 So. 2d 762 · Louisiana Court of Appeal · Apr 25, 1973

As a result of this examination, plaintiff was given an "A" rating, meaning that he was physically qualified for heavy industrial labor. Introduced into evidence along with Dr. … It was established that plaintiff was suffering from a neurological disorder referred to as Raynaud's Phenomenon, or sympathetic dystorphy.

State v. Marino

15 La.App. 5 Cir. 723 · Louisiana Court of Appeal · May 12, 2016

However, the claim did not contain the mandatory averments, with the requisite specificity, to qualify as a valid claim under La. R.S. 40:2610 B(l)-(7). … C.C.P. art, 963 provides in part that "If the order applied for by written motion is one to which the mover is not clearly entitled, or which requires supporting proof, the motion shall be served on and tried contradictorily

Louisiana Ins. Guaranty Ass'n v. Bernard

393 So. 2d 764 · Louisiana Court of Appeal · Dec 15, 1980

From these provisions, the court concludes that the Association is clearly a "person" insofar as the Insurance Code is concerned. … It follows clearly that Section 731 cannot be used to permit an insurer other than a domestic insurer to merge with another company.