Case law

Edwards v. Police Jury

39 La. Ann. 855 · Supreme Court of Louisiana · Jul 15, 1887

In this case the Legislature has clearly refused to give its consent to such removal, except in compliance with the condition expressed in the proviso. … The statement made by the counsel for the rembvalists establishes this beyond a doubt, for he tells us that the bill, as originally passed by the House, contained no such proviso ; that the Senate refused to pass it without

Com. Emp. v. Morphy, Makofsky & Masson, Inc.

436 So. 2d 719 · Louisiana Court of Appeal · Aug 3, 1983

However, the trial court declared: "This Court finds that there were actions by the plaintiff which would lead to the establishment of a quasi-contract. These include: 1.) Discussions by plaintiff and Ms. … It was clearly shown that Nelson neither set up an interview for Rifai with Morphy nor directed Rifai to apply.

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.

State v. Bairnsfather

576 So. 2d 580 · Louisiana Court of Appeal · Feb 28, 1991

Furthermore, with respect to character evidence, inquiry into specific acts on direct examination while qualifying the character witness are specifically prohibited. … Clearly, this ruling violated Article 607 of the Code of Evidence.

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.

First Union Baptist Church of Alexandria v. Banks

533 So. 2d 1305 · Louisiana Court of Appeal · Nov 9, 1988

A review of the intervenors' petition clearly states a cause of action. … Therefore, the intervenors failed to establish that they were, in fact, duly and properly elected to the Board of Trustees/Directors.

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.

Carter v. Catfish Cabin

316 So. 2d 517 · Louisiana Court of Appeal · Jul 1, 1975

Privileged communications are divided into two general classes: (1) absolute or unqualified; and (2) conditional or qualified. … Louisiana jurisprudence has established clear-cut principles applicable to such actions.

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

Robinson v. Board of Supervisors

2015 La.App. 1 Cir. 1707 · Louisiana Court of Appeal · Nov 4, 2016

To establish a prima facie case of age discrimination, the plaintiff must show that (1) he was disr charged; (2) he was qualified for the position; (3) he was within the protected class at the time of discharge; and (4) he … Thus, given Robinson’s tenure, experience, and positive performance evaluations with ULLPD, the record supports that he was qualified for the position of Major.

Terro v. WMCO, INC.

619 So. 2d 639 · Louisiana Court of Appeal · May 5, 1993

Clifford qualified this statement in that he felt that plaintiff might need some conditioning prior to returning to work. … It was error, however, for the OWC to further qualify the term of SEB eligibility with the phrase, "as as long as his disability *644 continues".

Hibernia Bank & Trust Co. v. Whitney

122 La. 890 · Supreme Court of Louisiana · Feb 1, 1909

At the executor’s instance, a day was fixed for hearing the evidence; it was heard; the will was decreed probated, ordered executed, and he was authorized to qualify, and did qualify, and letters of executorship were issued … The difficulty in requiring a preceding tender grows out of the fact that the amount sometimes is not known; the extent of benefit received is not established.

Sandel v. Village of Florien

216 So. 3d 267 · Louisiana Court of Appeal · Mar 21, 2017

STANDARDS OF REVIEW Upon review, an appellate court may not set aside a trial court’s finding óf fact in the absence of manifest error or unless it is clearly wrong. Stobart v. … The invalid petition notwithstanding, La.R.S. 18:1432 is permissive, not mandatory, and it does not establish the plaintiff’s burden of proof in this case.

Bergeron v. STATE BOXING

829 So. 2d 620 · Louisiana Court of Appeal · Oct 2, 2002

Roberts qualified to testify as an expert in this case. Mr. Roberts relied upon Mr. Bergeron's medical records, the trial testimony of Mr. … Bergeron's several physicians was also important to establishing his claim for future medical expenses and attendant care expenses.

Murphy J. Painter, Sr. v. Dustin Clouatre, Hughes Insurance Services, LLC, Pelican Post News, L.L.C., Wade Petite, Ricky Babin, ABC Insurance Company, Clint Cointment

Louisiana Court of Appeal · Jun 3, 2022

Painter and Clint Cointment qualified for a run- off election, from which Painter withdrew. … , where prosecutors act in an investigatory, administrative, ministerial or other role that has no functional tie to the judicial process, only a qualified immunity is afforded.

Bell v. Louisiana State Police

2013 La.App. 1 Cir. 0863 · Louisiana Court of Appeal · Dec 23, 2014

We now find the record before us establishes that the Bells’ service of the discovery responses on Mr. Rice was effective as “serv[ice] on all parties,” constituting a step pursuant to La.Code. Civ. P. art. 561B. … Pierson as counsel of record, the discovery responses were clearly compliant with Article 1420 and sufficient to constitute a “step” pursuant to Article 561.