Case law

Bankston v. H. E. Wiese, Inc.

190 So. 2d 485 · Louisiana Court of Appeal · Jul 8, 1966

The evidence clearly establishes that Bankston suffered an accident with a resultant sprain of his lumbo-sacral area while he was in the process of lifting either one or two tool chests from one position onto a cabinet. … “Bankston also urges that though he has continued to work almost uninterruptedly since his qualified discharge by Dr.

State v. Washington

484 So. 2d 946 · Louisiana Court of Appeal · Feb 25, 1986

The trial court sustained the state's objection on the basis that defense counsel had failed to establish the relevance of that line of questioning at that point in time. … In the present instance, the testimony offered in rebuttal was clearly proper for such purpose.

Gina Moise, Robert Southard, Jr. and Kevin Southard, Individually and on behalf of Betty Sue Southard (D) v. Baton Rouge General Medical Center

Louisiana Court of Appeal · Apr 20, 2023

against the qualified doctors. … Clearly the abandonment statue is not meant to dismiss this type of action.

Montz v. Theard

818 So. 2d 181 · Louisiana Court of Appeal · Feb 27, 2002

Montz failed to qualify for a loan, the sellers agreed to finance the property themselves. … A body of jurisprudence has established appropriate adjustments to be made in the case of a failed Bond for Deed transaction.

Thibodeaux v. Bernard

772 So. 2d 897 · Louisiana Court of Appeal · Nov 2, 2000

Auto Ins., 587 So.2d 5, 8 (La.App. 3 Cir.1991), discussed the burden of proof required to support an award for future medical expenses: Future medical expenses, like any other damages, must be established with some degree … Nicole acknowledged to qualify for unemployment benefits she had to certify that she was capable of working and was actively looking for work.

Bergeron v. Williams

933 So. 2d 803 · Louisiana Court of Appeal · May 12, 2006

that the finding is clearly wrong (manifestly erroneous). … The trial court determines that both testifying experts were qualified by education and experience, both experts set forth reasonable facts, data and medical knowledge underlying their respective opinions and both testifying

Sears v. Home Depot, USA, Inc.

943 So. 2d 1219 · Louisiana Court of Appeal · Oct 18, 2006

Roson encouraged her to find a qualified baby-sitter so that she could work the store's standard flexible schedule. … Once that is established, the plaintiff must then demonstrate that *1234 the abusive environment was so intolerable that resignation qualified as a fitting response.

Louis Fox, Et Ux. v. the Shaw Group

Louisiana Court of Appeal · Nov 28, 2012

Fox and thus immune from any tort claim brought by him. On September 19, 2011, a hearing on the motion was held and the matter taken under advisement. … Thus, the “Consent to Assignment” signed by the parties clearly contemplates Foster Wheeler as a subcontractor of Shaw.

Guillory v. Broussard

15 La.App. 3 Cir. 953 · Louisiana Court of Appeal · May 4, 2016

Because the circumstances before us clearly establish that Ms, Guillory intended to appeal only the final judgment on the merits, we need not address the motion for new trial issue. … Guillory established that Mr.

McDermott v. Funel

235 So. 2d 207 · Louisiana Court of Appeal · May 4, 1970

Co., 208 La. 83 , 22 So.2d 842 , the right of ille-gitimates to recover death benefits was established if actual dependency is proved. … Clearly, then, plaintiff must prove the need for support, and that support was actually given, for she is not afforded the benefit of the conclusive presumption of dependency as provided in LSA-R.S. 23:1251.

Adams v. Parish of East Baton Rouge

804 So. 2d 679 · Louisiana Court of Appeal · Nov 14, 2001

Evidence at trial established that DOTD relinquished custody of Sullivan Road to the Parish in August of 1987. … The constitutionality of this statute was called into question as an abrogation of sovereign immunity contained in La. Const. art. XII, § 10(A).

Seeberry v. District Grand Lodge No. 21

189 So. 627 · Louisiana Court of Appeal · Jun 12, 1939

A new trial was granted and the former judgment qualified so as to permit the plaintiffs to amend their petition. … Their ineligibility is clearly apparent.

CLECO EVANGELINE, INC. v. Louisiana Tax Com'n

808 So. 2d 740 · Louisiana Court of Appeal · Nov 16, 2001

R.S. 49:964(F) confines judicial review to the record established in the administrative proceedings, in this instance before the LTC. La. … The LPSC determined that the Cleco Evangeline property should not be included in the valuation of the rate base for the regulated entity, Cleco Utility Group, Inc. [3] Neither party has suggested that the qualifying words

Wallace C. Drennan, Inc. v. Sewerage & Water Bd.

798 So. 2d 1167 · Louisiana Court of Appeal · Oct 3, 2001

Section 5-01 of the S & WB DBE program specifications provides in pertinent part: ... the Sewerage and Water Board of New Orleans has established a race and gender-neutral disadvantaged Business Enterprise Plan. … The Louisiana Supreme Court stated: Since the City failed to comply with its obligation to award the contract within the 30-day period, a mandamus action to compel the public entity to award the contract to the lowest qualified

State v. Avery

49 La.App. 2 Cir. 662 · Louisiana Court of Appeal · Feb 27, 2015

The defense presented testimony from several witnesses establishing the environment in which Avery was raised. … Next, the record clearly reveals a discovery violation by the defense. Defense counsel hired Dr.

Catanese v. Louisiana Gaming Control Bd.

712 So. 2d 666 · Louisiana Court of Appeal · May 15, 1998

or statutory provisions; (2) in excess of the agency's statutory authority; (3) made upon unlawful procedure; (4) affected by other error of law; (5) arbitrary, capricious, or characterized by an abuse of discretion or clearly … NOTES [1] By Act 7 of the First Extraordinary Session of 1996, the Louisiana legislature enacted the provisions of LSA-R.S. 27:1 et seq., effective May 1, 1996, which established the Louisiana Gaming Control Board as the

Cox v. Gaylord Container Corp.

897 So. 2d 1 · Louisiana Court of Appeal · Feb 16, 2005

In considering and applying common law legal authorities to the case instead of considering an applying clearly established civilian legal authorities and principles. 3. … In considering and applying common law legal authorities to the case instead of considering and applying clearly established civilian legal authorities and principles. 3.

State of Louisiana v. Emmanuel Dewayne Johnson

Louisiana Court of Appeal · Jul 17, 2024

R.S. 14:19 and R.S. 14:20 depending upon whether a homicide results.3 The video footage clearly shows the events immediately surrounding the shooting, as well as the shooting itself. … A last shot, which is intentional and unnecessary when considered in cold blood will not necessarily cause a defendant to lose his immunity if it followed close upon others fired in the heat of conflict if the defendant

Sharon Marie Jenkins Hayes Versus Paul C. Hayes

Louisiana Court of Appeal · Dec 2, 2020

Hayes’ WalMart 401K retirement plan submitted, but the Partition of Community Property Agreement signed by both parties clearly established that Mrs. Hayes was entitled to 100% of her WalMart 401K. … Hayes has failed to establish that the Qualified Domestic Relations Orders signed by the trial court should be vacated. Accordingly, we affirm the trial court’s ruling denying Mr.

State v. Daniels

628 So. 2d 63 · Louisiana Court of Appeal · Oct 15, 1993

In his second assignment of error the defendant contends that the state failed to establish that he had the specific intent to commit the crime of extortion. … The document clearly listed the defendant's previous conviction and the state's intention to use the conviction in an attempt to enhance his sentence on the instant conviction.