Case law

Rodriguez v. Julius

694 So. 2d 418 · Louisiana Court of Appeal · Mar 25, 1997

ISSUE THREE Next, the appellants argue that the jury was clearly wrong in finding Allstate properly handled this claim. Again, we disagree. … Rodriguez's employer establishing his lost wages. On August 24, 1994, Mr. Minor contacted Mr.

State v. Johnson

884 So. 2d 568 · Supreme Court of Louisiana · Oct 19, 2004

The State then filed a bill of information seeking to establish habitual offender status. … The fact that the legislature could have done a better job in drafting, and failed to, does not permit the court to abandon long-established tools of statutory construction, of which the legislature is clearly presumed to

LeGrand v. State ex rel. Department of Highways

390 So. 2d 957 · Louisiana Court of Appeal · Oct 28, 1980

. *959 Appellant assigns as error the following (1) the trial court erred in applying an unreasonably onerous burden of proof, (2) the trial court placed weight upon opinion testimony of one not qualified to render opinion … When the trial judge made this finding which was supported by the evidence and which we do not find to be clearly wrong, he was required to have gone no further to conclude that plaintiff failed to establish that defendant

Sunset Insurance Co. v. Gomila

834 So. 2d 654 · Louisiana Court of Appeal · Dec 30, 2002

Expert testimony is admissible in legal malpractice cases to establish the standard of care exercised by attorneys in the locality. … This court may not overturn a factual finding by a jury absent a showing of manifest error or unless a particular finding of fact was clearly wrong. LeJeune v.

Skillman v. Harvey

898 So. 2d 431 · Louisiana Court of Appeal · Dec 30, 2004

We also find that the trial court was clearly wrong in finding possession by the Harveys of either ten or thirty years. … The evidence clearly shows that it was the Skillmans' tenants who maintained the fence in question.

Cannatella v. CITY CIVIL SERV. COM'N, ETC.

381 So. 2d 1278 · Louisiana Court of Appeal · May 9, 1980

The evidence offered by the defendant Commission shows that there was a rational consideration of the establishment of these police classes and the requirements for each. … More specifically, to employ the phrase of our mandate in the Arceneaux case, there was no basis for the majority's conclusion that Judge Connolly's finding of fact was "clearly wrong." (Emphasis supplied.)

Handy v. New Orleans Hilton Hotel

532 F. Supp. 68 · District Court, E.D. Louisiana · Feb 3, 1982

Handy was chosen for the position because she was considered most qualified for it. … Despite whatever dissatisfaction Handy had with regard to this transfer, she failed to communicate her concerns through the Hilton’s established grievance procedure. 7.

Haspel & Davis v. Bd. of Levee Com'rs

680 So. 2d 159 · Louisiana Court of Appeal · Sep 4, 1996

According to the transcript, the trial court concluded that Act 233 did not transfer ownership because there are no words clearly evidencing that 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.

Ford v. Caddo Parish

District Court, W.D. Louisiana · Apr 1, 2021

Qualified immunity protects the Law Enforcement Defendants so long as their individual conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … When a defense of qualified immunity is asserted by the defendant, the plaintiff bears the burden of proving such immunity is inapplicable to the defendant’s conduct. See Waganfeald v.

Hisaw v. Unisys Corp.

134 F.R.D. 151 · District Court, W.D. Louisiana · Jan 18, 1991

Beyond this refrain defendant has failed to establish through any evidence or information precise facts which exist to support the claim of attorney work-product protection. … As for the disclosure of the names of the persons with whom the deponents spoke in preparation for the deposition, the names of these persons are clearly discoverable under F.R.C.P. 26.

Hobbs v. Rhodes

667 So. 2d 1112 · Louisiana Court of Appeal · Nov 30, 1995

In the case before us, it has been established that employees are, in fact, covered under the general liability section of the policy. It is also clear that Mr. … This tenet that UM coverage attaches to the person, not the vehicle, is well established in Louisiana. In Elledge v.

Buggage v. Volks Constructors

2005 La.App. 1 Cir. 2002 · Louisiana Court of Appeal · Sep 20, 2006

In order to assist the employer in meeting its statutory burden of establishing that it “knowingly” hired a worker with a preexisting permanent partial disability so as to qualify for reimbursement from the Second Injury … Specifically, the OWC judge found that the evidence presented established that Mr.

Opinion Number

Louisiana Attorney General Reports · Jun 17, 2008

The *Page 2 records of the taxing authority shall clearly reflect the objects and purposes for which the proceeds of the tax are used. … We agree with your assessment that the use of public funds to establish a viable economic development plan for the parish is of importance and further qualifies as a public purpose.

Garrett v. Aby

47 La. Ann. 618 · Supreme Court of Louisiana · Jul 1, 1895

We have only to recall the language of the proviso of the Act of 1884 to clearly demonstrate the error of the foregoing supposition. … This case does not, in our conception, involve in any manner the liberties or immunities of citizens.

Wilcox v. Max Welders, L.L.C.

969 F. Supp. 2d 668 · District Court, E.D. Louisiana · Aug 28, 2013

If that were not the case, Chandris in fact would have established a voyage test. … In summary, Wilcox has not shown that he qualifies as a Jones Act seaman.

State v. McCranie

192 La. 163 · Supreme Court of Louisiana · Feb 6, 1939

This evidence was clearly admissible under Articles 445 and 446 of the Code of Criminal Procedure: “445. … The State contended that Newman having seen Jamerson write was qualified to testify as to the signature.

Beaumont v. Exxon Corp.

868 So. 2d 976 · Louisiana Court of Appeal · Mar 10, 2004

First we must determine if there exists a reasonable factual basis in the record for the jury's finding and, secondly, whether the record establishes that the jury's finding is not clearly wrong. Walden v. … word `substantial' thus clearly precludes impairments that interfere in only a minor way ..."

Hibernia Community Development Corp. v. U.S.E. Community Services Group, Inc.

166 F. Supp. 2d 511 · District Court, E.D. Louisiana · Apr 13, 2001

Under the agreement, Hibernia would loan qualified applicants up to $20,000.00 for home repairs. … Qualified homeowners were also eligible for up to $25,000.00 in grant money from the Federal Government through the HOME Program.

Fred Jones v. Judy S. Boudreaux

Louisiana Court of Appeal · Feb 15, 2023

The record clearly establishes that this accident occurred at a different intersection than the intersection feeding the float staging area. … As we have found and stated herein above, the evidence clearly establishes that the motor vehicle accident which injured Plaintiff was caused solely by Boudreaux’s negligence, and thus without any duty or negligence by

Mercer v. Fruehauf Corp.

492 So. 2d 538 · Louisiana Court of Appeal · Jul 23, 1986

ASSIGNMENT OF ERROR NO. 2 The trial judge erred in his refusal to qualify one of defendant's witnesses to testify as an expert. … Mercer's testimony established that after her husband's accident and before his surgery, Mr. Mercer required her assistance in almost every aspect of his daily life. Indeed, Mr.