Case law

Hanewinckel v. ST. PAUL'S PROP. & LIABILITY INSURANCE, CO.

611 So. 2d 174 · Louisiana Court of Appeal · Dec 16, 1992

In rejecting the workman's compensation immunity defense, the court noted that the attack clearly did not arise out of plaintiff's employment duties, and that she had not yet reported for work. … Further, the court indicated that expert testimony could establish what might constitute a breach of duty.

Succession of Hammett

183 So. 2d 416 · Louisiana Court of Appeal · Apr 15, 1966

Dispositions mortis causa can be made only by testament, and for a document to be a testament, it must "clearly establish that it is a disposition of last will." LSA-C.C. art. 1570. … as to qualify them as testamentary dispositions.

State Board of Ethics v. Saunders

15 La.App. 3 Cir. 1171 · Louisiana Court of Appeal · Dec 21, 2015

Saunders was unaware had to be paid in full. 2 There is no conflict in the evidence or testimony, and the evidence clearly shows that Ms. … The June 17, 2015 letter clearly advised that the fine must be paid in full even if a payment plan was in place. .

Karen Schindler v. Derek T. Russ and the Honorable Darren Lombard

Louisiana Court of Appeal · Aug 8, 2022

Russ signed a “State of Louisiana - Notice of Candidacy (Qualifying Form)” (hereinafter “Qualifying Form”) for the office of Judge, Municipal and Traffic Court, Division D, in Orleans Parish. … Schindler asserts that “once she established [Mr. Russ’] domicile in Jefferson Parish, Mr. Russ failed to carry his burden that he established domicile in Orleans Parish.” In response, Mr.

State v. Montegut

471 So. 2d 286 · Louisiana Court of Appeal · Jun 5, 1985

The above facts clearly show that the force used by the arresting officers was reasonable and necessary to subdue an armed suspect. … The above facts clearly support the finding that these topics are within his knowledge and experience. Therefore, the trial judge did not abuse his discretion in qualifying Officer McNeil as an expert witness.

Benefield v. Sibley

988 So. 2d 279 · Louisiana Court of Appeal · Jul 9, 2008

WKMC was a qualified health care provider. Therefore, Ms. … that the factfinder is clearly wrong or manifestly erroneous.

Guardia v. Lake View Regional Medical Center

13 So. 3d 625 · Louisiana Court of Appeal · May 8, 2009

Fields, were clearly sufficient to create genuine issues of material fact as to Lake-view’s liability. … The court also recognized that experience alone is normally sufficient to qualify a witness as an expert. Cheairs , 03-0680 at p. 8, 861 So.2d at 541-42 .

Garcia v. LOUISIANA DOTD

2000 La.App. 4 Cir. 0930 · Louisiana Court of Appeal · May 16, 2001

that the finding is clearly wrong (manifestly erroneous). … The United States Supreme Court established a standard for the admission of expert testimony in Daubert v.

Reeves v. F. Miller & Sons, Inc.

7 La.App. 3 Cir. 201 · Louisiana Court of Appeal · Oct 3, 2007

Plaintiff has appealed the verdict, contending the jury’s finding that he was not a Jones Act seaman was clearly contrary to the law and evidence. … If that were not the case, Chaudris in fact would have established a voyage test.

Jacobs v. O'Bannon

531 So. 2d 562 · Louisiana Court of Appeal · Sep 16, 1988

While the evidence did not establish conclusively either the truth or falsity of the allegations, it did establish that they were made with probable cause and without malice. … Moreover, the statements were made in a federal pleading and were clearly material to the cause of action asserted therein.

Tidmore v. Goudchaux's, Inc.

444 So. 2d 160 · Louisiana Court of Appeal · Dec 22, 1983

The trial judge, after hearing considerable qualifying testimony, found that while Mr. … Cook was eminently qualified in the field of security on governmental matters, he had no expertise insofar as security in the private sector.

Laborde v. Pecot

942 So. 2d 699 · Louisiana Court of Appeal · Nov 2, 2006

While we recognize that these articles, which substantially impede the ability of an injured party to obtain full recovery of his damages, are in derogation of established rights and are to be strictly construed, Touchard … Neither did Dumas involve the question of an actor who is beyond the jurisdiction of the court due to sovereign immunity.

Bradley v. Theus

668 So. 2d 1304 · Louisiana Court of Appeal · Feb 20, 1996

In order to be qualified as a candidate for the office of mayor, Mr. … While one may select a domicile or residence for political purposes, we express grave doubt as to whether one may establish such a legitimate situs for purposes of voting in an election, but simultaneously establish a different

Guillory v. Fontenot

2 La. App. 189 · Louisiana Court of Appeal · May 5, 1925

It is well established by these two witnesses and the plaintiff, that defendant came into the shop, and after engaging in a discussion with plaintiff, about some difficulty that he said had occurred some time prior thereto … Clearly, the rule of law invoked by defendant cannot afford him any immunity from 'liability for this unjustifiable battery. In the case reported in Levy vs. New Orleans Waterworks Co., 38 La.

Horton v. Curry

44 So. 3d 830 · Louisiana Court of Appeal · Jul 22, 2010

The Trial Court erred by failing to consider the evidence in the record, which clearly showed that Defendant/Appellant received the benefit of Article 893 at the time of his plea. 2. … However, after a careful examination of the district court’s 2009 judgment, we conclude that the relief *836 Curry obtained from the ^district court does not establish that the court has “set aside [Curry’s] conviction and

Holahan v. Phillips

145 So. 2d 35 · Louisiana Court of Appeal · Oct 1, 1962

Applying the above quoted law to the instant case, we think it is apparent that plaintiff has not alleged sufficient facts to clearly, fairly or substantially state a cause of action under LSA-R.S. 9:4812. … The jurisprudence of this state is well established to the effect that where a petition fails to state a cause of action, due to insufficient allegations, an opportunity to allege those facts should be afforded in the interest

Chapman v. Ebeling

945 So. 2d 222 · Louisiana Court of Appeal · Dec 13, 2006

Where an employer has a clearly established policy that vacation time is not considered wages actually earned by an employee, the employee is not entitled to reimbursement for unused, accrued vacation time upon discharge … The existence or nonexistence of a contract is a question of fact not to be disturbed unless clearly wrong. Id. The evidence revealed no written policy concerning employees' vacation pay. Nevertheless, Dr.

Parish of East Baton Rouge v. Bozeman

260 So. 2d 111 · Louisiana Court of Appeal · Mar 13, 1972

Very clearly the property has sustained damages as a result of the taking. … This specification of error is likewise without merit, as the trial judge’s Written Reasons for Judgment clearly indicate that Mr.

Tyler v. Tyler

16 La.App. 3 Cir. 60 · Louisiana Court of Appeal · Sep 28, 2016

In the alternative, the trial court’s ruling was manifestly erroneous and clearly wrong. 3. The trial court erred in qualifying Mr. … Further, Jerry must establish that he lacks sufficient income or the ability to earn a sufficient income. See Derouen, 893 So.2d 981 .

Kersh v. Heffner

542 So. 2d 1118 · Louisiana Court of Appeal · Apr 12, 1989

The fact that he did so as a practical joke and did not intend to inflict actual damage does not render him immune from liability...." Caudle v. Betts, supra, 392 . [Emphasis supplied.] … In response to the question, "And did you know that if you struck him with your fist you might hurt him" he first said, "That was a possibility," but qualified it by saying, "I don't recall now, to be honest with you."