Case law

Holland v. Norton

70 F. Supp. 2d 666 · District Court, E.D. Louisiana · Sep 10, 1999

The evidence submitted clearly establishes that the train operators maintained a proper lookout, sounded the horn and .traveled well within the federal regulations. … The plaintiff could have placed himself in a position where he could have clearly seen down the entire length of the track.

Edward "Eddy" Jackson Versus Jefferson Parish School Board

Louisiana Court of Appeal · Feb 2, 2022

In the present case, the School Board bases its claim of tort immunity on its assertion that Mr. … This clearly is a fact-intensive determination.

Ledet v. Fischer

548 F. Supp. 775 · District Court, M.D. Louisiana · Aug 18, 1982

It was stipulated at trial that approximately 379,929 persons were qualified recipients of Medicaid in Louisiana as of November, 1980. According to Dr. Paul L. … Under the provisions of 42 C.F.R. § 435.120 , plaintiff qualifies as a “categorically needy” person.

Rasier, LLC v. City of New Orleans

222 So. 3d 806 · Louisiana Court of Appeal · Jun 14, 2017

Specifically, Section 162-49, of New Orleans’ City Code, clearly establishes the [9ambit of what the City may release to the public with respect to driver data. … The language evinces “no intent on the part of the legislature to qualify, in any way, the right of access,” Id.

State v. Jack

554 So. 2d 1292 · Louisiana Court of Appeal · Dec 19, 1989

We are unable to clearly and unequivocally conclude that the reference was not responsive to the prosecutor's broad, vague question to Officer McCoy. … Additionally, the state would have had an opportunity to qualify the expert witness as to matters which the trial court might have deemed outside the field of expertise in which the witness had been qualified as an expert

Delaney v. Whitney Nat. Bank

96 La.App. 4 Cir. 2144 · Louisiana Court of Appeal · Dec 15, 1997

The retirement plans referred to in the agreement were arrangements sponsored and administered by Whitney; the two pertinent to this litigation are the qualified retirement plan (Retirement Plan) and a non-qualified retirement … We believe the trial court properly admitted the evidence to establish Whitney's breach of the agreement.

Bares v. Stone Oil Corp.

510 So. 2d 102 · Louisiana Court of Appeal · Jun 26, 1987

This relationship is clearly apparent from the terms of the farmout agreement itself. … Plaintiffs were clearly led to believe by Stone that the New Leases would be the law between the parties.

Bailey v. Donley

26 So. 3d 987 · Louisiana Court of Appeal · Dec 9, 2009

that the fact finder is clearly wrong or manifestly erroneous. … Donley was qualified to make the drug substitution. Dr.

Succession of Werner v. Zarate

979 So. 2d 506 · Louisiana Court of Appeal · Dec 21, 2007

upon these comments, based upon the testimony of the doctor, based upon the second circuit opinion, which specifically found that there was indeed a number of — there had been a number of peer reviewed psychiatric journals establishing … The trial court's factual findings will not be disturbed on appeal unless clearly wrong or manifestly erroneous. In re Succession of Dodson, 38,188, p. 5 (La. App. 2 Cir. 3/3/04), 867 So.2d 921, 924 .

Brown v. Georgia Gulf Lake Charles, LLC

2012 La.App. 3 Cir. 635 · Louisiana Court of Appeal · Dec 5, 2012

that the factfinder is clearly wrong or manifestly erroneous. … Further, the determination is not clearly wrong or manifestly erroneous.

McDONOUGH MARINE SERV. a DIV. OF MARMAC CORP. v. Doucet

694 So. 2d 305 · Louisiana Court of Appeal · Jun 28, 1996

that the finding is clearly wrong (manifestly erroneous). … Accordingly, the trial court's finding cannot be manifestly erroneous or clearly wrong. 2. Fraud and Misrepresentation.

Felan v. F & F TRUCKING, INC.

708 So. 2d 430 · Louisiana Court of Appeal · Feb 4, 1998

Upon receipt of that application, Chemical Leaman would qualify the driver to drive the Chemical Leaman leased vehicle. … The burden of proof is on the claimant to establish the relationship by a reasonable preponderance of the evidence. Id.

Opinion Number

Louisiana Attorney General Reports · Jun 22, 1999

We do note in R.S. 40:1567 in regard to fees for fire reports, it provides the term volunteer fire department means a legally constituted fire department or fire protection district of fewer than four persons who are qualified … However, when no ambiguity exists in the statute or the construction of the administrative body is clearly erroneous, this doctrine is inapplicable. Swetman, and citations therein.

Perritt v. Dona

849 So. 2d 56 · Supreme Court of Louisiana · Jul 2, 2003

The court of appeal concluded that a complaint should clearly set forth the facts forming the basis of a malpractice claim to give notice of the civil action. … The purposes of the MMA are: 1) to limit the liability of the health care providers who qualify under the Act ( Tucker v.

Turner v. Kentie

422 So. 2d 493 · Louisiana Court of Appeal · Nov 2, 1982

Hoerner, who was qualified as an expert in orthopedic medicine, stated that this accident had aggravated a preexisting injury to the same area of her neck, back and scapula. … The record clearly reveals that plaintiff’s car was immediately towed to Gill’s Body Shop for an estimate on repairs.

State v. Phillips

412 So. 2d 1061 · Supreme Court of Louisiana · Apr 5, 1982

The evidence adduced at trial established the following facts. … Since the word "intentional" is included in the above definition of contributing to the delinquency of juveniles without a qualifying provision, only general criminal intent is required as an essential element of the crime

Broussard v. Union Pacific R. Co.

700 So. 2d 542 · Louisiana Court of Appeal · Aug 28, 1997

Those determinations, I find unsupported by the record and, thus, clearly wrong. … Renick Webb, qualified in the field of otolaryngology, evaluated Ronney [1] on September 28, 1994, and assessed an overall 19% impairment rating, but admitted that his evaluation excluded noise-source determination.

Moore v. Eden Gardens Nursing Center

850 So. 2d 998 · Louisiana Court of Appeal · Jun 25, 2003

An action should be dismissed for abandonment only when a plaintiff's inaction has clearly demonstrated his intent to abandon the action. State, DOTD v. … that certain discovery, including interrogatories, answers thereto, requests for production or inspection and requests for admission and the responses thereto, and the taking of a deposition, with or without formal notice, qualify

Maddox v. Robbert

165 La. 694 · Supreme Court of Louisiana · Feb 13, 1928

This was clearly not a denial of the allegation of assignment to and ownership of the notes by the plaintiff. … The court rejected the plaintiff’s demand, and refused to qualify the judgment “as in case of nonsuit.” The court said that the plaintiff has had a fair opportunity to make out his case and has failed.

Laralee Herron v. Professional Laser Center, LLC

Louisiana Court of Appeal · Apr 10, 2024

that the factfinder is clearly wrong or manifestly erroneous. … The evidence established Wagoner communicated with plaintiff on numerous occasions after the treatments, and despite the images depicted in the photographs, Wagoner repeatedly assured plaintiff she was healing normally