Case law
Opinions from 1658 to today.
8,141 results
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Ronald Davis v. Tube-Tech Services, Inc. & American Liberty Insurance Company
Louisiana Court of Appeal · Apr 2, 2025
If the parties introduce evidence at the trial on the exception of no right of action, appellate courts consider the lower court’s findings of fact using the manifest error-clearly wrong standard of review. … Likewise, if a per mile payment plus hourly wage qualifies as an agreed upon specific price for the overall undertaking, nearly every agreement for compensation in a typical employment agreement would as well.
Cited 0 timesUnknownSuccession of Attward Joseph Soileau
Louisiana Court of Appeal · Dec 30, 2005
On April 20, 2004, Veillon filed a motion for summary judgment alleging that she was entitled to a judgment as a matter of law declaring: (1) that Leake is not qualified for the position of succession representative of … The trial court’s written reasons clearly establish that the affidavit of Ralph Kennedy was considered to support its conclusion that Soileau’s intent was to “leave his daughter nothing.”
Cited 0 timesUnknown249 So. 3d 260 · Louisiana Court of Appeal · May 23, 2018
We find the jury's credibility determination of Dennis' statement implicating *274 Dajuan was not clearly contrary to the evidence presented. … Duzac, who was not qualified as an expert; as such, he was not adequately equipped to determine whether this shoeprint was measured properly or whether it was a full print.
Cited 22 timesPublishedLouisiana Court of Appeal · Sep 28, 2022
“For a mission to qualify as a special mission and thus be considered as employment-related rather than personal, an employee is deemed to be in the course of employment when he is engaged in the direct performance of … Therefore, in my opinion a finding of summary judgment in the defendants’ favor on the basis of the “coming and going” rule is not be appropriate, as the facts of this case do not clearly fall under its application, and
Cited 0 timesUnknownState of Louisiana v. Joseph Anton Chehardy, Jr.
Louisiana Court of Appeal · May 1, 2013
As noted above, specific intent may be established by the circumstances surrounding an accused’s actions. … At trial, defense counsel argued that the above statements qualified under testimonial privileges and that Defendant did not waive the privilege.
Cited 0 timesUnknown8 La.App. 3 Cir. 1286 · Louisiana Court of Appeal · May 6, 2009
The above testimony and documents in evidence establish! ] that there is a predial servitude of passage over sixty (60') feet of the property owned by Gene Schexnayder. … The predial servitudes are established by title[,] and the use and extent of the servitudes [are] regulated by the title by which they are created.
Cited 1 timesPublishedRon Warren, Ind. & O/B/O Estate of Derek Hebert v. Shelter Mutual Ins. Co.
Louisiana Court of Appeal · Jun 29, 2016
Thus, the profit motive was established. … It was established by the expert testimony from Mr.
Cited 0 timesUnknownState of Louisiana v. M. L. Jr.
Louisiana Court of Appeal · Apr 14, 2010
In this case, we find the conduct at issue does not even qualify as an “act” contemplated by the statute. … If “french kissing” does not qualify as attempted indecent behavior with a juvenile, we cannot say watching sexually-explicit videos qualifies.
Cited 0 timesUnknownMille S. McFadden v. Import One, Inc.
Louisiana Court of Appeal · Feb 9, 2011
Baker, 04-1483, p. 11 (La.App. 3 Cir. 3/23/05), 899 So.2d 642, 649[, writ denied, 05-1574 (La. 1/13/06), 920 So.2d 238] “A trade practice is considered unfair when it offends established public policy and when … 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.
Cited 0 timesUnknownAmerifactors Financial Group, LLC v. Dunham Price Group, LLC
Louisiana Court of Appeal · Nov 15, 2023
Did Dunham Price Group ask Genesis Venture Logistics to provide any references or recommendations from other customers to see if Genesis Venture Logistics was qualified to perform the work that you were … Louisiana jurisprudence is well established that an appellate court must exercise great restraint before it reverses a jury verdict because of erroneous jury instructions.
Cited 0 timesUnknown9 La.App. 5 Cir. 1089 · Louisiana Court of Appeal · Dec 29, 2011
The record does not clearly reflect the race of all of the prospective jurors. … Feeney believed he was dying, and that his statements qualified as a dying declaration. Alternatively, the State argues that any error in the admission of Mr.
Cited 50 timesPublishedLoewenberg v. Fidelity Union Casualty Co.
147 So. 81 · Louisiana Court of Appeal · Mar 31, 1933
Sanders Fowler, subject to the following condition: “(a) Driven or operated by any person under the age limit fixed by law, or under the age of sixteen years in any event”; that the Fidelity Union Casualty Company was qualified … The facts in the case are clearly established.
Cited 22 timesPublishedState of Louisiana v. Kendrick Nelson Shepherd
Louisiana Court of Appeal · Feb 21, 2024
Williams hears incredibly clearly. … In Hampton, this court established a framework for determining whether a defendant’s right to testify was violated or waived by his silence during trial.
Cited 0 timesUnknownDanella Taylor Sonnier v. Diversified Healthcare-Lake Charles, LLC D/B/A Lake Charles Care Center
Louisiana Court of Appeal · Apr 26, 2023
Clearly, her only mistake, Ms. Sonnier’s was her refusal to cooperate with this unlawful, illegal scheme. ... … If the act or practice is of such a significant nature that it can be attributed to the employer, a high-level manager of hundreds of employees in close contact with the top two persons of the organization qualifies as
Cited 0 timesUnknownMichael G. Sigur v. Municipal Employees' Retirement System of Louisiana
Louisiana Court of Appeal · Mar 4, 2022
LAW AND ANALYSIS MERS was established in 1955. The statutes applicable to MERS were re- designated by 1991 La. … Sigur did not receive qualified monthly " earnings" as an elected official that exceeded his monthly retirement benefits.
Cited 0 timesUnknown2001 La.App. 3 Cir. 0675 · Louisiana Court of Appeal · Nov 20, 2002
K-Mart urges that Green should not have been awarded any special damages because causation was not established. … Clearly, prior to this accident, Green was an active person, who often held two jobs and had a very active social life.
Cited 3 timesPublishedLouisiana Court of Appeal · May 13, 2021
On the other hand, whether a particular act, if proven, qualifies as a step in furtherance of the action and thereby precludes abandonment is a question of law that we review by simply determining whether the trial court … rendered for the amount owed on the promissory note, plus 5 Louisiana Code of Civil Procedure article 963 provides, in pertinent part, "[ i] f the order applied for by written motion is one to which the mover is not clearly
Cited 0 timesUnknownPamela Skinner v. Christus St. Frances Cabrini Hospital
Louisiana Court of Appeal · Dec 8, 2010
A court of appeal may not set aside a trial court’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong.” Rosell v. ESCO, 549 So.2d 840 (La.1989). … George can determine a cause of death, because they are not physicians, they are not qualified to determine a patient’s chance of survival if they code. B.
Cited 0 timesUnknownGranger v. United Home Health Care
145 So. 3d 1071 · Louisiana Court of Appeal · Jun 19, 2014
She also clearly testified that she followed this instruction when she filled Mr. … Luba Ivanov, a college professor and former home health nursing instructor, who was qualified as an expert in nursing and public health nursing. Dr.
Cited 7 timesPublishedLouisiana Court of Appeal · Oct 19, 2022
Cador, Judge Lewis decided to amend the terms of employment to allow C.O. 7 days to submit additional paperwork to determine if she qualified for FMLA. 22-CA-43 1 termination … While we find no clear error in the trial court’s findings,9 the court was required only to determine (1) if the public officer has refused to perform a ministerial duty that is clearly provided by law, and (2) mandamus
Cited 0 timesUnknown
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