Case law

GRAMBLING STATE UNIVERSITY v. Walker

31 So. 3d 1189 · Louisiana Court of Appeal · Mar 3, 2010

Factual findings in worker’s compensation cases are subject to the manifest error or clearly wrong standard of appellate review. Banks v. … “Substantive laws,” for purposes of determining whether a law should be applied retroactively, are those which establish new rules, rights, and duties, or change existing ones. Brown v.

DJ Talley & Son, Inc. v. City of New Orleans

303 So. 2d 195 · Louisiana Court of Appeal · Nov 7, 1974

A dispute arose when the next lowest bidder protested that Talley's bid was irregular and that Talley was not a properly qualified bidder. … Board of Commissioners, 159 La. 360 , 105 So. 372 (1925), in discussing a similar statute stated the following: "The case is clearly with the plaintiff on the merits.

Ashanti Green, as Tutrix of the Minors, Dave Peterson III and David Peterson v. Michael Johnson, State Farm Insurance Agency, Allstate Insurance Company, and American Southern Home Insurance

Supreme Court of Louisiana · Oct 15, 2014

Peterson was required to qualify as an insured under the liability portion of the policy in order to qualify for UM coverage. … the limits of liability and it is well established that this contract of insurance is the law between the parties.”

Standard Materials, Inc. v. ADM'R, DIV. OF EMPL., ETC.

401 So. 2d 400 · Louisiana Court of Appeal · Apr 13, 1981

Under the provisions of R.S. 23:1601(4), as long as the claimants' unemployment was due to the labor dispute they were disqualified for unemployment benefits; and, in order to qualify for such benefits it was encumbent upon … After reviewing the record below, we find that the evidence clearly supports the referee's finding. In fact, there is no evidence in the record which would contradict this finding.

McFeeley v. Hargrove

166 So. 2d 333 · Louisiana Court of Appeal · Jul 1, 1964

The Payne case involved plaintiffs seeking to establish their interest in certain recorded mineral leases.' … of Louisiana June 12, 1943, having its princi *337 pal business establishment in “this State” at “640 Rico-Brewster Building, Shreveport, Louisiana.”

Williams v. Williams

590 So. 2d 649 · Louisiana Court of Appeal · Nov 13, 1991

In addition, there must be a further determination that the record establishes that the finding is not clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La.1978). … Thus, Ronnie could qualify for termination payments without actually severing his contractual relationship with State Farm.

Rainey v. Entergy Gulf States, Inc.

35 So. 3d 215 · Supreme Court of Louisiana · Mar 16, 2010

She filed a tort suit against Entergy, which was eventually met with the affirmative defense of statutory employer tort immunity. … would have reversed the trial court, finding the trial court erred in concluding Entergy was not Rainey’s statutory employer; three of the judges would have affirmed the trial court’s judgment on the basis Entergy failed to establish

Cambre v. St. John the Baptist Parish

12 La.App. 5 Cir. 590 · Louisiana Court of Appeal · May 16, 2013

the trier of fact is manifestly erroneous or clearly wrong. … Appellants’ expert, George Corcoran, was qualified as an expert real estate appraiser.

Gordon v. New Orleans City

District Court, E.D. Louisiana · Sep 30, 2024

Twombly and Iqbal; an assertion of qualified immunity in a defendant’s answer or motion to dismiss does not subject the complaint to a heightened pleading standard.26 “‘[A] plaintiff seeking to overcome qualified immunity … Qualified immunity 54 R. Doc. 1 at ¶ 96. 55 See Gentilello v.

Willis v. Cleco Corp.

927 F. Supp. 2d 372 · District Court, W.D. Louisiana · Feb 22, 2013

Willis was clearly not officially qualified for these positions according to the job posting. Therefore, she has failed to establish the second element of her prima facie case for the 2007 positions. 10 *380 b. Pretext. … Based upon the evidence presented, Willis has not made a showing that she was clearly more qualified than those that were selected for the positions.

Atkinson v. Lammico Insurance Co.

11 La.App. 3 Cir. 13 · Louisiana Court of Appeal · May 4, 2011

All other tort liability by a qualified health care provider is subject to the general law of torts. Id. … Young Both the MMA and the Coleman factors clearly contemplate that the conduct occurs within the context of a patient-physician relationship.

Cooper Stevedoring Co. v. Secretary Department of Revenue & Taxation

555 So. 2d 32 · Louisiana Court of Appeal · Dec 19, 1989

Due to this fact, the Department concludes Cooper can not be considered to be engaged in “foreign or interstate coastwise commerce” as required to qualify for the exemption. … Citation omitted 435 U.S. at 743 , 98 S.Ct. at 1395 Accordingly, we find the stevedoring services performed by Cooper are clearly part of interstate or foreign commerce as these terms are generally understood.

Matherne v. Louisiana State

District Court, E.D. Louisiana · Jan 30, 2020

an issue of fact that warrants trial.”12 Plaintiff’s motion asserts that Genecia Hill (“Hill”) and DCFS are not entitled to qualified immunity but focuses … to qualified immunity, Plaintiff’s motion for summary judgment fails to establish liability on the part of DCFS. 6 R.

United Disaster Response, L.L.C. v. Omni Pinnacle, L.L.C.

569 F. Supp. 2d 651 · District Court, E.D. Louisiana · Aug 1, 2008

Tammany’s immunity. … Soc. 38 at p. 5 For a forum selection clause to be exclusive, it must go beyond establishing that a particular forum will have jurisdiction and must clearly demonstrate the parties intent to make that jurisdiction exclusive

State v. Duque

946 So. 2d 760 · Louisiana Court of Appeal · Jan 18, 2007

The trial court conducted a hearing and later issued an order denying the motion to quash, finding that the BOCS is a public agency and that, therefore, the defendant qualified as a "public officer" or a "public employee. … R.S. 23:61 et seq. and thereby established "a procedure for the designation of community action agencies; fixing the responsibilities of community action agencies; defining community action programs; and establishing a formula

Furlow v. Woodlawn Manor, Inc.

900 So. 2d 336 · Louisiana Court of Appeal · Apr 20, 2005

Therefore, in this case, The Oaks had the burden to establish the action was premature, entitling it to a medical review panel. Williamson v. … White to lie in her own waste for extended period of times. [4] In plaintiff's view, the conduct of the nursing home was clearly a violation of Ms.

Burtner v. Lafayette Parish Consolidated Government

14 La.App. 3 Cir. 1180 · Louisiana Court of Appeal · Apr 15, 2015

Thus, *1063 Plaintiffs fault in causing the accident was clearly established. … King was retained by Plaintiff to defend against an affirmative defense raised by defendants that they were entitled to immunity because of Plaintiffs alleged intoxication. Dr.

Dunhill of Lafayette, Inc. v. Marion Corp.

390 So. 2d 224 · Louisiana Court of Appeal · Oct 8, 1980

Art. 2278(3) that a promise to pay the debt of a third person cannot be established by parol. … Chalmers later signed an affidavit to the effect that no bona fide order was made, does not create a genuine issue of fact as his deposition clearly establishes that such an order was placed by him with Dunhill for that position

Police Jury of Caddo Parish v. Mayor of Shreveport

137 La. 1032 · Supreme Court of Louisiana · Jun 29, 1915

One question only is presented in this case, the right of the city of Shreveport to determine by a vote of its qualified electors the question as to whether licenses for the sale of intoxicating liquors should be granted … same point was under discussion, and the court said [in the Garret Case], with reference to the limitation or restriction in the act of 1884: “This case does not, in our conception, involve in any manner the liberties or immunities

Morgan v. United Medical Corp. of New Orleans

95 La.App. 4 Cir. 1868 · Louisiana Court of Appeal · Jun 25, 1997

Because the record in this ease clearly indicates that the insurer only paid $95,872.65, the trial court’s conclusion is incorrect. Russo at 884 . … The Russo decision is clearly distinguishable from the present matter.