Case law

Philippe v. Lloyd's Aero Boliviano

589 So. 2d 536 · Louisiana Court of Appeal · Oct 18, 1991

The literature distributed to plaintiffs represented that this manager was a professional, qualified to serve travellers in all matters. … A contract is formed by the consent of the parties established through offer *543 and acceptance. La.C.C. art. 1927.

State v. Lane

292 So. 2d 711 · Supreme Court of Louisiana · Mar 25, 1974

In brief the argument is repeated that at the time of the cross-examination of this witness, the fact that appellant and his companions had left the Rainbow Inn was established. … Article 817 clearly prescribes "Qualifying verdicts in capital and noncapital cases." Act 502 of 1972 which amended the article provides that "All law or parts of laws in conflict herewith are hereby repealed."

Ring v. Decor Gravure Corp.

99 La.App. 3 Cir. 1965 · Louisiana Court of Appeal · Jun 7, 2000

The two-contract defense to tort immunity arises from reading La.R.S. 23:1061 in conjunction with La.R.S. 23:1032. … Since Section 1061 determines tort immunity, it follows that it also determines who is responsible for the payment of compensation benefits.

Lockwood v. Lockwood

256 So. 3d 399 · Louisiana Court of Appeal · Sep 19, 2018

The record does not establish that the Qualified Domestic Relations Order (QDRO) has been granted "qualified" status from the plan administrator or that the judgment has been approved by the appropriate federal or state authority … The record establishes that Ms.

Thongsavanh v. Schexnayder

2009 La.App. 1 Cir. 1462 · Louisiana Court of Appeal · May 7, 2010

The jury was clearly wrong or manifestly erroneous in its apportionment of only 10% fault for the accident to plaintiffs husband. 5. … that the finding is clearly wrong (manifestly erroneous).

Wooley v. State ex rel. Department of Health & Human Resources

527 So. 2d 573 · Louisiana Court of Appeal · Jun 22, 1988

Some qualified person must tell us that the plaintiff’s job related activity could cause or contribute to her accident. … Unless the trial court’s factual findings of work causation were clearly wrong, we will not reverse such holding on appellate review. Boren v.

Miller v. Great Southern Oil and Gas Co., Inc.

503 So. 2d 679 · Louisiana Court of Appeal · Mar 4, 1987

supplemental earnings benefits because he failed to carry his burden of proving that he was unable to earn all or substantially all of his pre-injury wages; (2) holding Miller was entitled to rehabilitative services; and (3) qualifying … The record clearly shows that after he obtained his medical release, Miller certified that he was able to work and actively searched for employment in order to obtain unemployment compensation.

Harris v. State Farm Fire & Casualty Co.

178 F. Supp. 2d 680 · District Court, W.D. Louisiana · Sep 13, 2001

“A genuine issue of material fact exists when evidence shows the plaintiff was ‘clearly better qualified’ than [other] employees who were [promoted]. … To establish her prim a facie ease, Harris must show that (1) she was forty years of age or older at the time of the failure to promote, and, thus, a member of a protected class; (2) she applied and was qualified for the

Romero v. Grey Wolf Drilling Co.

594 So. 2d 1008 · Louisiana Court of Appeal · Feb 12, 1992

Under those well established standards we may not disturb the trial court's factual findings absent a finding of manifest error under the clearly wrong test. … Rather, he bases his motion on the reasons she gave in turning him down which he contends shows he was not qualified for the job.

Pederson v. Louisiana State University

912 F. Supp. 892 · District Court, M.D. Louisiana · Jan 12, 1996

Davis and Joe Dean in their individual capacities on the basis of qualified immunity. (This ruling was subsequently modified by this Court’s ruling of September 14, 1995). See note 17. … The Court, however, subsequently dismissed plaintiffs’ Title DC claims against Joe Dean and William Davis individually for damages holding that they were entitled to qualified immunity.

State Ex Rel. Girtman v. Ricketson

221 La. 691 · Supreme Court of Louisiana · Jun 2, 1952

The trial judge seemed to have experienced much difficulty in choosing between the parents as he thought that both the father, who had established a new home after his 'remarriage, and the mother, who also had established … We did so to emphasize it and to later express our wonder whether he gave it any consideration since it so clearly qualifies the rule stated in the sentence immediately preceding it.

Doddie Smith v. Civil Service Commission

Louisiana Court of Appeal · Nov 27, 2019

Work also includes planning, organizing, directing and evaluating the performance of assigned staff; establishing performance requirements and personal development … The CSC maintains that while Appellant did not qualify for 5 increased pay pursuant to the CSC Rule IV, § 2.7(d), it recognized Appellant was a valued employee and, for that reason

Henderson v. Nissan Motor Corp.

869 So. 2d 62 · Supreme Court of Louisiana · Feb 6, 2004

Plaintiffs called expert witness James Clary, a civil engineer and land surveyor who had been qualified several hundred times as an expert in highway safety, design, maintenance, signing and surveying. … that the finding is clearly wrong (manifestly erroneous).

Cosse v. Allen-Bradley Co.

601 So. 2d 1349 · Supreme Court of Louisiana · May 26, 1992

In Louisiana, the manifest error/clearly wrong standard applies to appellate review of a jury's findings of fact. In Rosell v. … Their liability and settlement agreements are not at issue. [3] The judge reallocated fault as Rust 62.5% and Link-Belt 37.5% because Celotex and its employees are immune under the Louisiana Worker's Compensation Law.

Mitchell v. Newton

92 So. 2d 289 · Louisiana Court of Appeal · Jan 7, 1956

Except for one point the facts are established without dispute. After conclusion of the picnic festivities a group of the guests left the picnic grounds and made their way to a parking area some distance removed. … Meanwhile, Rosa, who was clearly the “dea in machina” of the entire occurrence, had entered defendant’s car, inserted the key in the ignition lock, turned the switch and pressed the starter button.

Ruttley v. Steiner

95 La.App. 5 Cir. 73 · Louisiana Court of Appeal · May 30, 1995

that the finding is not clearly wrong.” … Because the court of appeal has a constitutional function to perform, it has every right to determine whether the trial court verdict was clearly wrong based on the evidence, or clearly without evidentiary support.

Ginger Mae, Inc. v. Cisneros

946 F. Supp. 441 · District Court, M.D. Louisiana · Dec 5, 1996

Ginnie Mae administers a mortgage-backed securities program in which it authorizes certain qualifying private entities, typically mortgage companies and banks, to issue securities backed by pools of federally insured or guaranteed … The administrative record establishes that both parties administer mortgage backed securities programs.

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.

Babinski

District Court, M.D. Louisiana · Apr 7, 2026

Defendants also argue that the Court has already found that they lacked notice of a violation of “clearly established rights,” and thus the depositions are not warranted in light of their qualified immunity defense, which … Doc. 118, pp. 4-5. 28 Plaintiff asserts that qualified immunity, which requires a much higher showing, does not overcome the crime-fraud exception. R.

Rayner v. W. Horace Williams Co.

9 So. 2d 315 · Louisiana Court of Appeal · Jun 2, 1942

Plaintiff's doctors contend this clearly indicates a fracture or dislocation of that vertebra or the sacrum. … established that the blow caused his disability.