Case law

State of La, Board of Ethics v. Jackson Jones, Jr.

Louisiana Court of Appeal · Sep 30, 2019

Jones was not qualified to run for office due to his false certification and that Mr. Jones failed to rebut the BOE’s showing. … However, the record establishes that Mr. Jones did not obtain an order of appeal or post an appeal bond within that twenty-four-hour time delay. Therefore, Mr.

McFadden v. Import One, Inc.

10 La.App. 3 Cir. 952 · Louisiana Court of Appeal · Feb 9, 2011

Even written reasons for judgment contained in the record are unappealable until qualified within the context of a written, final, and appealable judgment. City of Kaplan v. Mayard, 616 So.2d 826 (La.App. 3 Cir.1993). … This conduct alone clearly validates the trial court’s finding that Import One violated La.R.S. 51:1404 as reasonable, but Import One was not finished.

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.

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.

Nitcher v. Northshore Regional Medical Center

92 So. 3d 1001 · Louisiana Court of Appeal · May 2, 2012

Laborde significantly qualified his disability determination by candidly explaining that his opinion was based strictly on Nitcher’s physical orthopedic condition, and that he did not consider other relevant factors that … The calculation of a claimant’s average weekly wage is a factual finding subject to the manifest error-clearly wrong standard of review. Tucker v. St.

Matos v. Clarendon Nat. Ins. Co.

808 So. 2d 841 · Louisiana Court of Appeal · Feb 15, 2002

The record established that Mr. Matos has a 13% total disability because of his limited range of motion due to his compromised spine. Mr. … Here, the trial court's instructions clearly differentiate the awards for loss of enjoyment of life and for past and future physical and mental pain and suffering.

Hudson v. JACKSON PARISH SCHOOL BD.

811 So. 2d 212 · Louisiana Court of Appeal · Feb 27, 2002

Prior to this amendment, there was considerable Louisiana case law which held that accrued vacation time qualified as "wages" or an "amount then due" for the purposes of La. R.S. 23:631. See Baudoin v. … The employer had a vacation policy which clearly stated that: "[u]nused vacation is forfeited upon separation of employment or notice of intent to terminate employment.

Lee v. CLINICAL RESEARCH CENTER

889 So. 2d 317 · Louisiana Court of Appeal · Nov 17, 2004

Clearly, CRC Florida owed certain obligations to Dr. Lee under the employment contract between them. … Although some of the factors established in the Green case may have been present, based on the totality of the evidence in the record, there clearly were not enough factors present to create a genuine issue of material fact

State v. Paul

15 La.App. 5 Cir. 501 · Louisiana Court of Appeal · Jan 27, 2016

However, when pressed, he testified that “Similac” cannot be given to dogs, but qualified that the formula was not for babies but for puppies. He did not put. the cocaine, in the chicken nugget bag. … However, the record clearly reflects that defendant was charged with and convicted of possession of cocaine with the intent to distribute.

Vines v. Wood

785 So. 2d 126 · Louisiana Court of Appeal · Apr 4, 2001

Carl Goodman, who qualified as an expert in orthopaedics and orthopaedic surgery. Dr. Goodman conducted an independent medical examination of Vines for the defense. Dr. … The amount awarded by the jury is not even sufficient to cover these major expenses which were clearly related to Vines' back injury.

Lensey v. City of Shreveport Municipal Fire & Police Civil Service Board

839 So. 2d 1032 · Louisiana Court of Appeal · Mar 5, 2003

Factual background The following facts were established at the Board’s hearing in August, 2001. … Nevertheless, the burden of proof to establish a prima facie case of discrimination requires proof that (1) she is black; (2) she was qualified for the position; (3) she was discharged, either actually or constructively;

State v. Jefferson

922 So. 2d 577 · Louisiana Court of Appeal · Dec 21, 2005

This testimony clearly belies any claim of self-defense. Mr. … This evidence clearly is sufficient to support a finding of specific intent to kill.

Sanders v. Home Indem. Ins. Co.

594 So. 2d 1345 · Louisiana Court of Appeal · Mar 13, 1992

Defendant claims that, since it has been established that plaintiffs are seamen, their remedies are exclusively Federal and the State District Court has no subject matter jurisdiction. 28 U.S.C.A. § 1333 (1) provides: "The … Defendant claims that the Jones Act or General Maritime Law allowing a maintenance and cure claim and an unseaworthiness claim would qualify as "a worker's compensation or occupational disease law, or any similar law."

Brunet v. Avondale Industries, Inc.

772 So. 2d 974 · Louisiana Court of Appeal · Dec 18, 2000

Avondale, as plaintiffs employer, argues that it is immune from tort suit, as per LSA-R.S. 23:1032. … recognized that his ailment was not a listed disease, but, citing Hicks , found that the spray paint contained enough enumerated substances to make his illness compensable as an occupational disease under the statute. "... a qualified

Teen Town Productions, L.L.C. v. Scurlock

15 La.App. 5 Cir. 454 · Louisiana Court of Appeal · Dec 23, 2015

that the fact,finder is clearly wrong or manifestly |7erroneous. … Gary Robbins, an independent insurance adjuster, was ruled qualified by the court to make estimates on values of damages and replacement of property items. He stated that he was hired by Mr.

Rhodes v. Jordan

157 So. 811 · Louisiana Court of Appeal · Dec 5, 1934

He clearly alleged a reckless performance of an official act by the deputy sheriff. He alleged facts in detail and not conclusions of law. … The allegations of the petition as above, we think, when taken as true, clearly set forth a cause of action against the defendants.

State v. GRH

10 So. 3d 896 · Louisiana Court of Appeal · Jun 3, 2009

Additionally, Defendant asserts that P.B. was not able to establish if and when penetration actually occurred. … Qualifying verdicts in capital and noncapital cases: "In a capital case the jury may qualify its verdict of guilty as follows: (1) With the addition of the words `without capital punishment,' in which case the punishment

Jones v. Bick

2004 La.App. 4 Cir. 0758 · Louisiana Court of Appeal · Dec 15, 2004

The appellate court may reverse only if (1) the record reflects no reasonable factual basis for the trial court’s finding, and (2) the record establishes that the finding is clearly wrong. Serigne v. … The appellate court 11Rfound this judgment to have been clearly wrong, but relied only in part on the cited statement.

Cooper v. City of New Orleans

96 La.App. 4 Cir. 0243 · Louisiana Court of Appeal · Sep 18, 1996

A reviewing court may not set aside a trial court’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong”. … Thus, given the record before us, we cannot say the trial court’s allocation of fault is manifestly erroneous or clearly wrong.

Underwriters at Lloyd'S Syndicate 1036 v. Danos & Curole Marine Contractors, L.L.C.

14 La.App. 3 Cir. 375 · Louisiana Court of Appeal · Oct 1, 2014

Co. of La., 03-2980, p. 15 (E.D.La.2004), 2004 WL 2452780 (unpublished opinion) (reasoning that “the indemnity provision clearly expresses an intent to indemnify not only [the company], but also [the company’s] invitee”). … We further conclude that Badger Oil is not covered under 11fithe Gray insurance policy with Danos & Curóle, as Badger Oil does not qualify as an additional insured under the MSA.