Case law

Dulin v. Levis Mitsubishi, Inc.

2001 La.App. 1 Cir. 2457 · Louisiana Court of Appeal · Dec 20, 2002

Untruthful Statements An employee has failed to answer truthfully only when he clearly indicates "no" on the employer's questionnaire, denying the existence of a known medical condition. Boh Bros. Construction Co. v. … Mitchell, the WCJ found that Levis established that the injury was to the same part of the spine and that the two injuries merged to cause a more serious disability.

Hunt Plywood, Inc. v. Estate of Davis

645 So. 2d 248 · Louisiana Court of Appeal · Oct 26, 1994

Gaiennie, 305 So.2d 572 (La.1974), where a mother mooted such an exception by qualifying as a *251 natural tutrix under LSA-C.C.P. Art. 4061. … Further, the record does not clearly establish a close relationship between Dylon and his father.

Crews v. Cappell

277 So. 2d 150 · Louisiana Court of Appeal · May 8, 1973

Petition for elections; notice of election Upon the petition of twenty-five per cent of the qualified electors or one hundred qualified electors, whichever is less, in any ward of any parish of the state the governing authority … The petition shall be signed by twenty-five per cent of the electors or one hundred qualified electors, whichever is less, of the ward qualified to vote on the date on which the first signature is attached to the petition

Bye v. Board of Trustees of Police Pension Fund

274 So. 2d 855 · Louisiana Court of Appeal · Mar 13, 1973

The pension system which the plaintiff joined when he was employed in 1964 was established and regulated by LSA-R.S. 33:2281 et seq. … Under the 1967 system a policeman who resigns or is terminated before working sufficient years to qualify for retirement is entitled to a refund of all contributions he made to the fund by way of payroll deductions.

Rosenkrantz v. BATON ROUGE PSYCH. ASSOC.

657 So. 2d 1353 · Louisiana Court of Appeal · Jun 23, 1995

The Departing Partner ... shall have the right to retain an appraiser who is qualified to appraise the Property at his expense. … It is apparent from the record of the original trial that the plaintiff failed to clearly establish what, if any, interest he owned in the lease.

Opinion Number

Louisiana Attorney General Reports · Dec 11, 1998

The Court concluded that the statutory language clearly refers to food products. … This language clearly refers to Paragraph (H)(1)-(3).

FSLIC v. Landry

701 F. Supp. 570 · District Court, E.D. Louisiana · Dec 22, 1988

Id. at 1285 . 6 *573 Defendants place heavy reliance upon cases from other circuits to establish that the peremptive effect of Article 2041 should bar plaintiffs revocatory action. … Although the court noted Summer-lin, it seemingly ignored language in that decision which clearly states that the United States was not subject to state statutes which specified the amount of time in which an action could

State v. Dorsey

207 La. 928 · Supreme Court of Louisiana · Mar 26, 1945

for the same reasons for which it rejected persons of the Negro face, without discrimination in either case. *945 The above clearly shows the efforts made by the Jury Commission to obtain qualified jurors for the general … Jury Commissioners to qualify or excuse them.

State v. Bennett

498 So. 2d 230 · Louisiana Court of Appeal · Nov 12, 1986

We find, however, that the evidence clearly establishes defendant was not able to take a field sobriety test. … The person tested may have a physician or a qualified technician, chemist, registered nurse or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction

Holzenthal v. Sewerage & Water Board of New Orleans

950 So. 2d 55 · Louisiana Court of Appeal · Jan 10, 2007

Clearly, the instant case qualifies under subsections (1), (2) and (3). The trial court observed the testimony of the plaintiffs and found that the plaintiffs were credible witnesses. … In this appeal, SWB now argues that the evidence establishing the cost of timber pile shoring was inadmissible hearsay.

Carleton v. Division of Administration, Louisiana Civil Service Commission

380 So. 2d 628 · Louisiana Court of Appeal · Dec 27, 1979

He is qualified under the standards in effect, at the time of the reallocation, for the class to which his position is reallocated; and 2. … We need not decide that issue since Rule 13.10(c) clearly allowed Mr. Carleton an appeal based on his allegation that the wrong rule had been used in reducing his salary.

Caskey v. Merrick Construction Co.

86 So. 3d 186 · Louisiana Court of Appeal · Mar 14, 2012

Immunity statutes are strictly construed against the party claiming the immunity and must not be extended beyond their obvious meaning. Monteville v. Terrebonne Parish Consolidated Government, 567 So.2d 1097 (La.1990). … Clearly, violent storms or other events in nature can be recognized as the prevailing cause of damage.

Posecai v. Wal-Mart Stores, Inc.

731 So. 2d 438 · Louisiana Court of Appeal · Jun 25, 1999

David Kent (Kent), an ex-police officer with a safety consulting firm, was qualified as an expert in criminal risk assessment and premises and safety security. … In addition, the trial court has great discretion whether to qualify an expert witness and has wide latitude whether an expert has the competence, background and experience to qualify. Mitchell v.

Sylvestre v. St. Landry Parish School Board

164 La. 204 · Supreme Court of Louisiana · May 23, 1927

The Grand Prairie schoolhouse is in the district, and notice that it was the voting place established was given. … dependent upon the number of polling places that may be properly established therein.

State v. Williams

216 La. 419 · Supreme Court of Louisiana · Dec 9, 1949

“Not guilty. * * *” Clearly this act has relation to nothing more than the course of the trial proceedings. It does not purport to declare what acts are crimes or prescribe the punishment for committing them. … Winstead, 204 La. 366 , 15 So.2d 793 , the court holding that the coroner was qualified to express an opinion as to the cause of the fatal wounds. Defendant has cited no authority to the contrary.

Opinion Number

Louisiana Attorney General Reports · May 31, 2000

Joseph Seminary College would apply for membership in LAICU and is accepted, qualified students would be able to receive the TOPS award. … The Establishment Clause clearly does not prevent any form of public aid or service to any church affiliated institution. Roemer v. Board of Public Works , 387F. Supp. 1282 citing Hunt v. McNair , 413 U.S. 734 .

Dubea v. State Through La. Dept. of Corr.

465 So. 2d 245 · Louisiana Court of Appeal · Mar 6, 1985

It is well established in our jurisprudence that a trial judge has wide discretion in acting upon a motion for continuance. … The issue in Andrews concerned whether or not to allow the tardy testimony of this particularly well-qualified specialist.

The Bank of New York Mellon v. Whitney Blaine Smith, Et Ux.

180 So. 3d 1238 · Supreme Court of Louisiana · Oct 14, 2015

Smith cannot establish a claim under section 1983 because she failed to challenge the constitutionality of a state statute or a claim for the statute’s erroneous application. … The Court stated “clearly the seizure and sale occurred without the required notice to plaintiffs.” Ms. Smith appealed, and the court of appeal reversed on appeal.

Vogt v. Board of Levee Com'rs

680 So. 2d 149 · Louisiana Court of Appeal · Sep 4, 1996

Act 233 intended to return those lands and revenues to the owners and their heirs, and *159 nothing in Act 819 clearly shows a different intent. … This Court held that Act 99 of 1924 authorized the expropriations and at that time the Levee Board was immune by virtue of sovereign immunity. Henry v.

Cardwell v. Oaks Care Ctr., LLC

258 So. 3d 720 · Louisiana Court of Appeal · Dec 13, 2017

The plaintiffs did not establish the standard of care applicable to the Oaks; 2. The jury's finding that the Oaks breached the standard of care was clearly wrong and manifestly erroneous; 3. … On cross examination, plaintiffs' counsel established that Dr. Nelson had never treated Mrs.