Case law

Orleans Parish School Board v. the City of New Orleans and Norman White, in His Official Capacity as the Chief Financial Officer for the City of New Orleans

Louisiana Court of Appeal · Jun 3, 2020

The use of the word “shall” clearly denotes the mandatory nature of this provision. See La. R.S. 1:3 (“[t]he word ‘shall’ is mandatory. . . .”). Clearly, the taxes contemplated by this Article are dedicated taxes. … As we have further found, the Louisiana Supreme Court has clearly established in the La. Assessors case, quoting Ziemer v.

Maddox v. Bailey

146 So. 3d 590 · Louisiana Court of Appeal · May 19, 2014

that the finding is not clearly wrong (manifestly erroneous). … The trial court’s case management schedule established such an order by setting a *599 discovery cutoff date of December 10, 1997.

Arnaud v. Dies

16 La.App. 3 Cir. 642 · Louisiana Court of Appeal · Dec 7, 2016

a plaintiff makes a prima facie showing of the essential elements of defamation, recovery may be precluded if the defendant shows either that the statement was true, or that it was protected by a privilege, absolute or qualified … We find that the record before us clearly establishes that the first reason, *1023 and not the second, was the basis used to remove the business from the rotation list. Mr.

Haygood v. Dies

114 So. 3d 1206 · Louisiana Court of Appeal · May 15, 2013

Dies and he offered her immunity for changing her testimony and testifying against Hay-good. When the hygienist went to work for another dentist, the plaintiffs allege that Dr. … “Original” and “exclusive” are terms regulating jurisdiction of cases as between the several courts established by the constitution.

Tucker v. Petroleum Helicopters, Inc.

2008 La.App. 4 Cir. 1019 · Louisiana Court of Appeal · Mar 23, 2009

Civ.Code art. 2548, even if such a waiver of warranty had been established, Bell would not be entitled to enforce the waiver. The burden is on Bell to establish the existence of an applicable and valid warranty waiver. … The trial court’s findings of fact are subject to manifest error review and are only reversible by this Court if found to be clearly wrong.

Fitch v. Vintage Petroleum, Inc.

94 La.App. 3 Cir. 346 · Louisiana Court of Appeal · Nov 2, 1994

wrong based on the evidence, or clearly without evidentiary support." … Stephanie Chalfin was qualified as an expert in vocational rehabilitation. Ms. Chalfin testified that Mr.

Reeves v. Great Atlantic & Pacific Tea Co.

370 So. 2d 202 · Louisiana Court of Appeal · Jun 1, 1979

We feel that the evidence in this case clearly indicates that the objects floating in the Coke bottle could not be seen readily. Neither Mrs. … In so doing, the Court specifically noted the following: "The maker of Media's [the purchaser's] vehicle is a foreign corporation, not qualified to do business in the United States.

Stelly v. Health South Rehabilitation

2003 La.App. 3 Cir. 171 · Louisiana Court of Appeal · Jul 2, 2003

Barbara Stelly, Health South's human resource manager, testified that someone restricted to light duty would not have been qualified for the original rehab nursing position, as it was a strenuous job that required much lifting … Stelly's request that we reinstate the penalty for discontinuance of benefits is denied, as penalties are clearly not recoverable under La.R.S. 23:1201.2.

Stephen Michael Brightbill (Deceased) Versus Circuit Grand Bayou, L.L.C.

Louisiana Court of Appeal · May 11, 2022

R.S. 23:1032 allows tort immunity to that type of independent contractor's “employer”). Moss v. Tommasi Const., Inc., 09-1419, (La. … Brightbill qualified as an employee or independent contractor under the Workers’ Compensation Act.

Paul Jones v. Howard McCall, Inc.

Louisiana Court of Appeal · Nov 7, 2012

Jones‘ claims arise under general maritime law and the Jones Act, Louisiana‘s manifest error/clearly wrong standard of review is applied on appeal. Milstead v. … Wilander, 498 U.S. [337,] 355, 111 S.Ct. [807,] 817, required for an employee to qualify as a seaman under the Jones Act.

Maricle v. Liberty Mut. Ins. Co.

898 So. 2d 565 · Louisiana Court of Appeal · Mar 2, 2005

The testimony of an investigating officer not qualified as an accident reconstruction expert is limited to opinions based upon rational perceptions of facts and recollections pertaining to the accident scene. … The contents of Trooper Mire's accident report clearly contain hearsay as defined by La.Code Evid. art. 801(C).

Eustis v. Moons

367 So. 2d 1343 · Louisiana Court of Appeal · Feb 6, 1979

Similar evidence also established that a balance of $387 in Moons’ escrow account was never paid to him by Hymel. … Moons is clearly entitled to attorney’s fees since his suit for wages is well founded, but we do not agree with the trial court that the circumstances of this case did not provide an equitable basis for Hymel to withhold

Defraites v. State Farm Mutual Automobile Insurance Co.

10 La.App. 5 Cir. 78 · Louisiana Court of Appeal · Jun 29, 2010

The burden of establishing that the statutory criteria are met falls on the party seeking to maintain the action as a class action. Id. … R.S. 22:1892(A) qualifies as a refusal to act on grounds applicable to the entire class.

Jody Alan Goldstein v. Chateau Orleans, Inc., Leisure Management, Ltd., and Xyz Insurance Company

Louisiana Court of Appeal · Nov 12, 2021

The trial court in the instant case did not follow this established jurisprudence. … Since no fault was assigned to the assailants in the current case, the jury’s allocation of fault was clearly wrong and fault should be reapportioned accordingly.14 When “the court of appeal finds a ‘clearly wrong

Valencia Bartels de Nunez v. Valencia Bartels

95 La.App. 1 Cir. 2577 · Louisiana Court of Appeal · Nov 15, 1996

Although the court was not required to consider the conflicts rules of Venezuela or Panama, the court clearly had the discretion to do so pursuant to La.C.C. art. 3517. … Plaintiff proved she was entitled to such relief by establishing the invalidity of the donation and that corporate funds have been transferred by Felipe.

Kozlowski v. STATE EX REL. DEPT. OF HHR

534 So. 2d 1260 · Louisiana Court of Appeal · Nov 16, 1988

Otherwise, *1270 subpart (a) would have to be qualified in a manner similar to that of subpart (c). … The Louisiana Civil Code clearly states, "Prescription runs against all persons unless exception is established by legislation." La.C.C. art. 3467.

In Interest of Jln

658 So. 2d 272 · Louisiana Court of Appeal · Jun 21, 1995

The comments following Art. 1015 clearly indicate that the prior law on termination of parental rights has been revised in some respects. … See, for example, comment (b), noting that the pertinent period for determining a parent's likelihood of reformation under Paragraphs (1)-(5) and (7) is "the foreseeable future," a qualifier which did not appear in the source

Landry v. Leonard J. Chabert Med. Ctr.

858 So. 2d 454 · Louisiana Court of Appeal · May 14, 2003

Defendants argue the new evidence would establish a history of hypertension and possibly Landry's non-compliance with prescribed treatments. … Thus, for any act of malpractice, a plaintiff's recovery, whether by settlement or judgment, is clearly limited to $500,000.

State v. Taylor

621 So. 2d 141 · Louisiana Court of Appeal · Jun 23, 1993

The testimony clearly establishes that Taylor, who repeatedly asked the doctor to extend the examination to other areas of his body, was eager to receive both the examination and the treatment. … Whether defendant's passions were aroused or he was able to cooly reflect upon his actions was clearly at issue in the instant case.

Hatcher v. Rouse

16 La.App. 4 Cir. 0666 · Louisiana Court of Appeal · Feb 1, 2017

Hatcher, his response clearly sought additional information so that he could search for the records requested. Mr. … Hatcher maintains that there were “fifty qualifying days” between his request for records and Dr. Rouse’s initial response to the request and he seeks an award of penalties for this delay.