Case law

Craft v. Ports Am. Gulfport, Inc.

273 So. 3d 517 · Louisiana Court of Appeal · May 8, 2019

Moreover, before a Court of Appeal can disturb an award made by a [factfinder,] the record must clearly reveal that the trier of fact abused its discretion in making its award. … In Louisiana, it is a well-established rule that, "[b]efore a Court of Appeal can disturb an award made by a [fact finder], the record must clearly reveal that the trier of fact abused its discretion in making its award.

Cherrington v. Gardner

541 So. 2d 410 · Louisiana Court of Appeal · Mar 30, 1989

DECREED that the provisions of this Judgment with respect to Adam Richard Gardner shall be applicable to Christopher John Gardner as long as Carmen Ann Cherrington fully cooperates with sending Christopher John Gardner to a qualified … The language in the Consent Judgment does not clearly show the parties' intention to settle the dispute which was on appeal.

Matthews v. MacK

978 So. 2d 1258 · Louisiana Court of Appeal · Mar 26, 2008

all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity … Clearly, the trial court properly applied comparative fault principles to this matter, as both Ms. Mack and Ms.

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.

McKeithen Ex Rel. McKeithen v. the M/T Frosta

435 F. Supp. 584 · District Court, E.D. Louisiana · Jun 29, 1977

She has qualified as administratrix of his succession. … Such a result would be contrary to the established principles of admiralty. Spiller, supra, 466 F.2d at 909.

Judson v. Connolly

5 La. 400 · Supreme Court of Louisiana · May 15, 1850

The qualify which the others assumed, in the suit which they instituted against the present defendant, rendered them liable as heirs pure and simple. … We have uniformly held, that a prescription established by art. 1982 of the Civil Code, does not apply to cases of simulation.

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. Coleman

406 So. 2d 563 · Supreme Court of Louisiana · Nov 16, 1981

Competency of expert witnesses is a question of fact within the sound discretion of the trial judge, and his rulings on qualifications of experts will not be disturbed unless clearly wrong. State v. … A. drug school and has qualified as an expert in every section of Criminal District Court in New Orleans, in Baton Rouge, in Jefferson Parish and in federal court.

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 ..."

McDaniels v. Miller

136 So. 2d 763 · Louisiana Court of Appeal · Dec 18, 1961

In reconvention defendant alternatively prayed that the court establish the boundary between the litigants after a survey by a qualified surveyor appointed by the court. … From the record before us it clearly appears the procedure followed by Tycer failed to comply with the clear and express provisions of our Revised Civil Code regulating the establishment of boundaries.

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.

Brou v. Martin

2008 La.App. 1 Cir. 1465 · Louisiana Court of Appeal · Jul 24, 2008

that the fact finder is clearly wrong. … R.S. 13:1880 A(l) and that Martin is qualified to run for the Office of Marshal, Ward II, City Court, Denham Springs, Louisiana.

Yen v. Avoyelles Parish Police Jury

7 La.App. 3 Cir. 225 · Louisiana Court of Appeal · Dec 5, 2007

This statute has been described as a tripartite prescription provision: A straightforward reading of this statute clearly demonstrates the statute sets forth two prescriptive limits within which to bring a medical malpractice … provides that "[a]ll malpractice claims against the state, its agencies, or other persons covered by this Part, other than claims wherein the patients are prisoners . . . shall be reviewed by a state medical review panel established

C.M.J. v. L.M.C., Wife of C.M.J.

156 So. 3d 16 · Supreme Court of Louisiana · Oct 15, 2014

money to live, which was not based on fact, as was established at trial hereof. … Her interview was not a “forensic interview,” and although she testified she uses interviewing techniques that “come from forensic interviewing,” the evidence established her interviews with all of the children clearly do

Williams v. Champion Ins. Co.

590 So. 2d 736 · Louisiana Court of Appeal · Nov 13, 1991

The association shall perform its functions under a plan of operation established and approved under R.S. 22:1383 and shall exercise its powers *740 through a board of directors established under R.S. 22:1381." … Also, under La.R.S. 22:1391, LIGA has immunity for any action taken by it regarding its powers and duties.

LeBlanc v. Barry

771 So. 2d 696 · Louisiana Court of Appeal · Aug 30, 2000

This fund is established and regulated as a special fund for the benefit of successful malpractice claimants. … The statute and jurisprudence clearly contemplate that the PCF has an interest in the appellate process. See R.S. 40:1299.44(C)(6).

J. Manoco, Inc. v. State, Louisiana Gaming Control Board

98 La.App. 1 Cir. 1412 · Louisiana Court of Appeal · Dec 28, 1999

Lucky's was no longer a qualified truck stop as defined in La. R.S. 27:306 A, is subject to the manifest error/clearly wrong standard. See Carver, Inc. v. … However, the record clearly establishes that counsel for Mr. Lucky's was in attendance and participated in the appeal before the Board. Mr.

Louisiana State Board of Optometry Examiners v. Pearle Optical of Alexandria, Inc.

177 So. 2d 164 · Louisiana Court of Appeal · Jul 1, 1965

That new corporation, of course, is one of the defendants in this suit, and, as we have already pointed out, it clearly is an alter ego of Pearle Optical, Inc. … We believe that such an advertisement not only relates to price, but that it also constitutes “bait advertising,” in that such an offer clearly is made and published to induce the public to patronize that establishment solely