Case law

Hebert v. LIC. PROFESS. VOC. REHAB. COUNS.

974 So. 2d 824 · Louisiana Court of Appeal · Jan 23, 2008

Arceneaux urges, however, he is immune from suit and is entitled to rely on La.Code Civ.P. art. 971 in seeking to strike Mr. Hebert's petition. First, we find Mr. … Hebert of his free speech right to express his opinion regarding a matter he is uniquely qualified to speak upon. We acknowledge the Board has an interest in promoting camaraderie among professional counselors.

Pittman v. MAGIC CITY MEMORIAL CO., INC.

2007 La.App. 1 Cir. 1567 · Louisiana Court of Appeal · Mar 26, 2008

Before an appellate court may reverse a factfinder's determinations, it must find from the record that a reasonable factual basis does not exist for the findings and that the record establishes that the findings are clearly … Kenney's burial arrangements because she waived her right to qualify as executrix.

Douglas v. Thomas

728 So. 2d 560 · Louisiana Court of Appeal · Feb 24, 1999

Thomas, Ethel's husband, opened Ethel's intestate succession and filed an affidavit establishing jurisdiction and relationship to Ethel. … The trial court committed manifest error and was clearly wrong in finding otherwise. The element of malice must also be rebutted.

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 .

Riddle v. Louisiana Power and Light Co.

94 La.App. 1 Cir. 1386 · Louisiana Court of Appeal · Apr 7, 1995

However, in that case, the court relied upon "a clearly articulated and established policy of reassigning handicapped persons." 689 F.Supp. at 522 . This policy was codified in the Federal Personnel Manual. … However, he cites no authority to support this position and we find that clearly, under the law, the trial court retained jurisdiction to order Mr. Riddle to pay court costs, including deposition fees.

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.

Chauvin v. Gulf Coast Minerals, Inc.

509 So. 2d 622 · Louisiana Court of Appeal · May 13, 1987

Once Quality's accounting procedures were established, the accounts were evidently settled. On July 9, 1979 Southern Structures began shipping the building parts to the jobsite, and Quality began to erect the building. … The question was designed to determine whether Southern Structures qualified for statutory employment status.

Eckstein v. Becnel

250 So. 3d 1046 · Louisiana Court of Appeal · Jun 27, 2018

Upon review, the parties clearly raised and addressed the issue of Mr. Eckstein's entitlement to an audit in their pleadings and argument. … Eckstein, as the mover, would have the burden of proof to establish his entitlement to a cease and desist order. However, Mr.

Johnson v. Orleans Parish School Board

2014 La.App. 4 Cir. 0277 · Louisiana Court of Appeal · Apr 26, 2017

that the finding is not clearly wrong (manifestly erroneous).” … established. .. .

Beard v. Rickert Rice Mills, Inc.

164 So. 636 · Louisiana Court of Appeal · Dec 16, 1935

The facts upon which plaintiff relies are, in our opinion, fully established by the record, though our learned brother below expressed, in his reasons for judgment, some doubt on the subject. … In our opinion, the Compensation Law intended to and did establish in favor of two classes of dependents a right to compensation in the event of the injury or death of an employee.

Goodwyne v. Goodwyne

639 So. 2d 1210 · Louisiana Court of Appeal · Jun 30, 1994

Counsel for LL & E indicated plaintiff was not entitled to CBA because it was not part of the qualified plan. … Irrespective of whether the CBA was in existence at the time of the original partition, the evidence clearly established that without the 18 years of service during the time he was married and working for the company, Mr.

Cooper v. Bouchard Transportation

140 So. 3d 1 · Louisiana Court of Appeal · Mar 27, 2013

the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong.” … Allstate, 11 the Third Circuit allowed a qualified life care specialist to establish future medical expenses for the plaintiff.

Dejoie v. Medley

945 So. 2d 968 · Louisiana Court of Appeal · Dec 20, 2006

An entity must qualify as a juridical person to have the capacity to be sued. Dugas v. … It merely establishes it as a fund and addresses for what purpose the money from the fund can be used.

Hall v. City of New Orleans

400 So. 2d 265 · Louisiana Court of Appeal · May 15, 1981

Inasmuch as the Sewerage and Water Board failed to prove any of the three elements which would relieve them of liability, the Sewerage and Water Board clearly is liable. … There was no effort to establish how often a truck was there, whether the truck was plaintiff's truck or belonged to someone else.

26

457 So. 2d 180 · Louisiana Court of Appeal · Sep 26, 1984

The court then determined that the legislative aim was to equate an “intentional act” with the well-established meaning of “intentional tort.” … As Justice Lemmon explained: *184 “We reject the argument that the Legislature inserted the word ‘normal’ to exclude from immunity an executive officer or coemployee who, while clearly in the course of employment, deviates

State v. Bell

477 So. 2d 759 · Louisiana Court of Appeal · Oct 8, 1985

The basic argument is that a "death qualified" jury favors the prosecution. In Witherspoon v. … Although he had been granted immunity, Bennett refused to testify and was held in contempt of court.

Webb-Goodwin v. Butler

869 So. 2d 228 · Louisiana Court of Appeal · Feb 23, 2004

For this reason, the district court committed manifest error, or was clearly wrong, in not granting petitioner relief. … The conclusion reached by the trial court is technically neither manifestly erroneous nor clearly wrong on the issue of whether Ms.

TERREBONNE SCHOOL BD. v. Southdown, Inc.

887 So. 2d 8 · Louisiana Court of Appeal · Jul 14, 2004

A court of appeal may not overturn a judgment of a trial court absent an error of law or a factual finding that is manifestly erroneous or clearly wrong. See Stobart v. … I agree with the holding of the majority that the state's constitutional immunity does not apply in this case.

Magee v. Landrieu

653 So. 2d 62 · Louisiana Court of Appeal · Mar 17, 1995

Applying the first factor, we determine whether Chamberlain and Rick were decisions of first impression whose resolutions were not clearly foreshadowed. … Section 10(A) abolished sovereign immunity and recognized the right of an individual to sue and collect damages from the state.

Crowe v. La., LLC

241 So. 3d 325 · Louisiana Court of Appeal · Feb 17, 2017

R.S. 47:301(10)(u) clearly and unambiguously excludes from local taxation the sales of tangible property made "under the provisions of Medicare"; and La. … The Sheriff established that ABC was unable to produce evidence from which to calculate the value of sales excluded from local taxation under La.