Case law

Coburn v. International Paper Co.

165 So. 3d 1187 · Louisiana Court of Appeal · May 20, 2015

Coburn cannot establish that they exercised their discretion in bad faith. |sOn May 9, 2014, Mr. … Jordan, who is board certified in internal medicine, concluded that no conditions could be identified to clearly substantiate Mr.

Carbonell v. Department of Health & Human Resources

444 So. 2d 151 · Louisiana Court of Appeal · Dec 22, 1983

The Commission reached the following conclusions on the discrimination claim: Had there have been no allegations of discrimination, appellant's termination would have clearly been justified. … Bernard Clinic would be established and administered by the employee who was best qualified to assume these responsibilities. Appellant's refusal to comply with the order to go to St. Bernard completely deprived Mr.

Myers v. State Farm Mut. Auto. Ins. Co.

483 So. 2d 1063 · Louisiana Court of Appeal · May 1, 1986

He has already undergone five reconstructive surgeries and the record clearly establishes that more reconstructive surgery will be necessary, perhaps another four or five operations. … Hickey is qualified to answer that question. THE COURT: I believe he can. BY THE COURT: Q How do you feel about it? A Any time a road is improved, reconstructed, it's reconstructed to the current standards.

State v. Johnson

266 So. 3d 969 · Louisiana Court of Appeal · Mar 13, 2019

Finally, Louisiana follows the general rule that a constitutional provision or amendment has prospective effect only, unless a contrary intention is clearly expressed. State v. … During the trial of Horatio Johnson, Bradley's attorney told the judge that Bradley had been offered use and derivative use immunity, but defense counsel refused the offer because the immunity document did not offer protection

Beecher v. Keel

645 So. 2d 666 · Louisiana Court of Appeal · Sep 29, 1994

In the Smith case the court also found that evidence of prior accidents at this location was sufficient to establish constructive knowledge of the defective condition on the part of the State. … We have carefully reviewed the entire record in this case and fail to find that the trial court was clearly wrong in its determination of liability.

Williams v. Parish of St. Bernard

2015 La.App. 1 Cir. 1105 · Louisiana Court of Appeal · Dec 2, 2016

Where there are two permissible views of the evidence, then, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong. Id. … To prevail in a civil rights action under 42 U.S.C. § 1983 , the plaintiff must prove that conduct occurred under color of state law and that conduct deprived plaintiff of a right, privilege, or immunity secured by the U.S

RACHAL EX REL. REGAN v. State

29 So. 3d 595 · Louisiana Court of Appeal · Oct 27, 2009

R.S. 46:2625(C)(1), the Department would clearly have the discretionary authority to do so in order to regulate "the collection and payment of the fees," as well as the discretionary authority to require nursing homes to … R.S. 47:8054(G)(l)(a) would have clearly been unnecessary and superfluous, as the Department would have owed a similar duty relating to hospital patients under La. C.C. arts. 2302 and 2303.

Blanchard v. Gauthier

178 So. 2d 385 · Louisiana Court of Appeal · Jul 1, 1965

Our careful reconsideration of the cited authority only serves to convince us of the soundness of the jurisprudence therein established. … which the legislature deemed synonymous with “alcoholic liquors” does not likewise include both classes of “intoxicating liquors” as defined in Sections 2(a) and (b) unless the election call and ballot are so worded as to clearly

Cornett v. State ex rel. W.O. Moss Regional Hospital

614 So. 2d 189 · Louisiana Court of Appeal · Feb 3, 1993

Martin Lewis Bell as an expert qualified to testify as to the standard of care applicable to the defendant hospital. Dr. … We cannot say that the penalties for frivolous appeal are clearly due in this case. We affirm.

Estopinal v. Parish of St. Bernard

2013 La.App. 4 Cir. 1561 · Louisiana Court of Appeal · Nov 5, 2014

“In reviewing factual findings, the reviewing court should not set aside the factual findings of the trial court absent manifest error or unless those findings are clearly wrong.” Marshall ex rel. minor children v. … In order to qualify for class certification, the party seeking certification must prove that: (1)The class is so numerous that join-der of all members is impracticable. |⅜(2) There are questions of law or fact common to the

Page v. Gilbert

598 So. 2d 1110 · Louisiana Court of Appeal · Mar 31, 1992

Niagara Machine and Tool Works, Inc., 910 F.2d 167 (5th Cir.1990), Nissan argues that to establish a claim for damages in these cases, a plaintiff must show that the vehicle was unreasonably dangerous in design, that the … She stated that she was not qualified to make a diagnosis as to the medical causation of the child's disability.

Petitjean v. W. Petitjean Operating Co.

3 La.App. 3 Cir. 256 · Louisiana Court of Appeal · Oct 1, 2003

In that case like this one, I felt very clearly that the stress was work related; however, the statute limits recovery for these injuries to physical work stress only.... … Lyon’s employee is “extraordinary and unusual” physical work stress when compared with the average office manager and should qualify him for benefits. In Hatcherson v.

Jones v. American Mut. Liability Ins. Co.

185 So. 509 · Louisiana Court of Appeal · Jan 10, 1939

It contains a number of other clauses qualifying the obligations of the insurer, as, for example, the provision with respect to immediate notice which we considered in Edwards v. … Furthermore, the amending statute greatly increased the privilege of the injured person by conferring a right of direct action against the insurer without the necessity of establishing the bankruptcy of the insured and in

Mark and Jennifer McKay v. Bennett Fontenot

Louisiana Court of Appeal · Jun 28, 2023

Defendants also asserted that because Plaintiffs have not incurred actual damages that would qualify as irreparable injuries, Plaintiffs’ claims for injunctive relief are premature. … We find Plaintiffs have established a right of action in their suit. They clearly belong to the class of persons that has a legal interest in the subject matter of the litigation at issue.

Chapman v. Argonaut-Southwest Insurance Co.

290 So. 2d 779 · Louisiana Court of Appeal · May 17, 1974

It is elementary that plaintiff must establish proof of his contentions by a preponderance of evidence. … The rule in Favalora is clearly inapplicable here.

Scamardo v. New Orleans Stevedoring Co.

595 So. 2d 1242 · Louisiana Court of Appeal · Mar 17, 1992

"Manifestly erroneous in its simplest terms," means "clearly wrong". We said, then, that the appellate court should not disturb such a finding of fact unless it is clearly wrong. Also see Watson v. … In its third assignment of error, Flanagan contends the trial court erred in awarding excessive lost wages from the date of the accident when the evidence established Mr.

State v. Craft

870 So. 2d 359 · Louisiana Court of Appeal · Mar 10, 2004

Taken together, these factors clearly established the presence of a reasonable suspicion justifying the investigatory stop and the protective pat-down. … United States, 333 U.S. 10 , 68 S.Ct. 367 , 92 L.Ed. 436 (1948)(suggesting that the distinctive odor of a substance, perceived by an individual qualified to know the odor, might well be evidence of a persuasive character

Asbestos v. Bordelon, Inc.

726 So. 2d 926 · Louisiana Court of Appeal · Dec 9, 1998

Did any of these tests indicate results that exceeded the threshold limit values or the PELs established by OSHA? A. Sir, first of all, OSHA does not establish a threshold limit. … Laborde's complaints of shortness of breath to his smoking history and his medication from a liver transplant in 1990 which reduced his immune system. Although Dr.

State in Interest of RC

514 So. 2d 759 · Louisiana Court of Appeal · Oct 28, 1987

This testimony was very incriminating against the juvenile and clearly establishes the necessary elements of the offense. [1] Citing the rule of sequestration, R.C. Jr.' … However, not every violation of a sequestration order mandates the exclusion of the witness's testimony; the decision to qualify the witness lies in the sound discretion of the trial judge. State v.

Looney v. Looney

536 So. 2d 728 · Louisiana Court of Appeal · Dec 14, 1988

. *729 Plaintiff and defendant were married on May 31, 1975 in Lake Charles, Louisiana, where they established their matrimonial domicile. … Patricia Post, Ph.D., that the children’s educational needs can be best served by having a qualified, trained educator providing the educational needs of the minor children.