Case law

Graham v. Jones

198 La. 507 · Supreme Court of Louisiana · Jun 30, 1941

Thus it is clearly shown that each proposition was distinct from the other and either could have been submitted to the people and voted upon without affecting the other. … to a suit of this character, even though he received, a majority of the qualified votes.”

Beard v. Grey Wolf Drilling Co.

0 La.App. 3 Cir. 345 · Louisiana Court of Appeal · Nov 2, 2000

Grey Wolf and the other Defendants filed a motion for summary judgment, asserting an employer's statutory immunity defense, which the trial court granted. We affirm. … Finally, neither the allegations that Grey Wolf was aware of the danger and failed to remedy it, nor the recitation of subsequent OSHA violations, are sufficient to establish an intentional act under the law.

Payton v. Progressive Security Insurance Co.

2010 La.App. 4 Cir. 1644 · Louisiana Court of Appeal · May 25, 2011

Progressive argued that the “expert” was not qualified to make those determinations based on his education and experience, and never physically examined the motorcycle in question. … that the fact finder is clearly wrong or manifestly erroneous.

Ardoin v. Hartford Acc. & Indem. Co.

360 So. 2d 1331 · Supreme Court of Louisiana · Jun 19, 1978

The various medical specialties have established uniform requirements for certification. … To the extent that the statute establishes a burden of proof in malpractice actions, it clearly should be characterized as procedural and therefore applied to pre-existing facts and relations.

State v. Guin

212 La. 475 · Supreme Court of Louisiana · Nov 10, 1947

their verdict, we do not think the mere fact that an accused is under 17 is an element or a determining factor in the establishment of the crime of murder. … 'Clearly, therefore, this ruling is correct. For the reasons assigned, the conviction and sentence are affirmed.

Bartels v. Roussel

303 So. 2d 833 · Louisiana Court of Appeal · Jan 31, 1975

The Oregon public records law qualified the right of inspection by limiting said right to lawful purposes. … We also find no evidence of the intent of the legislature to qualify this right in any manner.

Songy v. Songy

98 La.App. 5 Cir. 1103 · Louisiana Court of Appeal · Jun 1, 1999

does not meet the requirements for a Qualified Domestic Relations Order (QDRO) as defined in Section 414(p) of the Internal Revenue Code.” … Therefore, the form of benefit was established as a single life annuity payable over the participant’s lifetime without any survivor benefits.

Durant v. Owens-Illinois Glass Co., Inc.

517 F. Supp. 710 · District Court, E.D. Louisiana · Jun 3, 1980

qualify as journeymen mechanics in the Maintenance Department. … The master’s findings of fact are to be adopted unless clearly erroneous. F.R.C.P. 53(e)(2). See Neal v. Saga Shipping Co., 407 F.2d 481, 488 (5 Cir. 1969).

Mouton v. State Department of Social Services, Office of Community Services

2000 La.App. 1 Cir. 0397 · Louisiana Court of Appeal · Feb 16, 2001

Even applying the more relaxed evidentiary standards recently established in Chaisson , the absence of evidence by state witnesses to support or establish the basis for the decision to decertify makes it impossible to determine … Clearly, the Department was required to submit competent evidence before the administrative tribunal to satisfy its burden of proof.

Credit Bureau Services v. Lundberg

8 La.App. 3 Cir. 1523 · Louisiana Court of Appeal · May 6, 2009

The evidence establishes that on April 14, 2004, Mr. … We do find manifest error in this factual conclusion as the hospital records establish that Mr.

Seegers v. State Farm Mutual Automobile Ins. Co.

188 So. 2d 166 · Louisiana Court of Appeal · Jan 26, 1966

Shipp, a qualified specialist in neurology, also trained in the field of psychiatry, to whom Mrs. Seegers was referred by her attending physician for examination and diagnosis. … We are primarily concerned with the question of conversion neurosis which was *168 clearly and adequately defined in the opinion of the court in Humphries v. Delta Fire & Casualty Co. (1st Cir., 1959), 116 So.2d 130 .

Martinez v. Wilson

2015 La.App. 1 Cir. 0384 · Louisiana Court of Appeal · Dec 17, 2015

On May 27, 2014, Wilson filed an exception, asserting insufficiency of citation,, insufficiency of service of process, and lack of personal jurisdiction and filed a motion for new trial, asserting that the judgment was clearly … Howev *69 er, given that Martinez failed to establish how he was qualified to render that medical opinion, his testimony is clearly hear? say and therefore inadmissible. See La. C.E. art. ,801.

Eason v. J. Weingarten, Inc.

219 So. 2d 516 · Louisiana Court of Appeal · Feb 26, 1969

Alternatively, defendants contend that the conduct of Cummings was privileged and therefore subject to the immunity granted by Article 215 of the Louisiana Code of Criminal Procedure. … The court said: "We believe that clearly Mrs. Simmons' actions form the basis for a reasonable belief on the part of Mr. Brock that she had committed a theft." "In addition, while the actions of Mr.

State v. Selman

300 So. 2d 467 · Supreme Court of Louisiana · Jun 10, 1974

This clearly left to the uncontrolled discretion of the jury the determination whether the defendant committing a particular capital crime should die or be imprisoned. … According to the testimony of the victims, they spent enough time in an area sufficiently lighted to clearly see their assailant on the night of the crime.

State v. Thomas

208 La. 548 · Supreme Court of Louisiana · Jun 29, 1945

This being true, clearly Article 376 of the Code of Criminal Procedure is not applicable to the question under consideration. … But this constitutional immunity could be denied a defendant if Article 376 of the Code of Criminal Procedure is given the interpretation contended for by the state.

State v. Louis

496 So. 2d 563 · Louisiana Court of Appeal · Oct 15, 1986

In establishing reasonable cause, a critical element is knowledge that an offense has been committed. … The defendant has the burden of establishing fraud or irreparable injury in the jury selection process. State v. Brown, 414 So.2d 726, 728 (La.1982).

In Re Medical Review Panel of Howard

573 So. 2d 472 · Supreme Court of Louisiana · Jan 22, 1991

The medical review panel ruled on January 12, 1988 that the evidence did not establish any deviation by employees of the hospital from the appropriate standard of care. … The claim filed against Van Meter therefore clearly fits within the statutory time periods, unless an earlier date of discovery applies.

John C. Bose Consul. Eng. v. John T. Campo

978 So. 2d 1033 · Louisiana Court of Appeal · Feb 20, 2008

Because Bose clearly set forth that he was owed money on this project, the burden shifts to Campo to prove any affirmative defense. … Because Bose clearly set forth that he was owed money on this project the burden shifts to Campo to prove any affirmative defense.

Price v. Chain Electric Co.

16 La.App. 5 Cir. 597 · Louisiana Court of Appeal · Apr 12, 2017

R.S. 23:1061 establish that ELL was Mr. Price’s statutory employer. … Price. 2 In response to plaintiffs opposition memorandum, ELL filed a reply memorandum, arguing that the language of the Agreement clearly shows that it was intended to apply to future entities, such as ELL.

Johnson v. DEPARTMENT OF HEALTH & HOSPITALS

808 So. 2d 436 · Louisiana Court of Appeal · Feb 16, 2001

The Commission's finding of fact should not be reversed unless clearly wrong or manifestly erroneous. Marcantel v. Department of Transp. and Development, 590 So.2d 1253, 1255 (La.App. 1st Cir.1991). … Applicants were allowed to take the qualifying test." The testimony of Lori Fakier, in response to Johnson's questioning, supports this finding.