Case law

Dandridge v. Fidelity & Casualty Co. of New York

192 So. 887 · Louisiana Court of Appeal · Nov 3, 1939

It is clearly shown that there is always and in every case a certain amount of welding to be done in setting up a drilling outfit consisting of boilers, water lines, etc. … They further overlooked the established fact that on the day Mr. Dandridge was injured he was engaged in work which required the use of both electric and acetylene welders.

Interstate Tax Bureau, Inc. v. Conway

180 La. 453 · Supreme Court of Louisiana · Jul 2, 1934

It is a familiar rule of constitutional law that a legislative act should not be declared unconstitutional unless it is clearly so. … We find nothing in the statute complained of that is clearly repugnant to the organic law.

Wooley v. STATE EX REL. DHHR

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.

Cormier v. Blake

198 So. 2d 139 · Louisiana Court of Appeal · Apr 26, 1967

. *143 The trial judge's findings of fact, particularly those involving the credibility of witnesses testifying before him, are entitled to great weight on appeal, and will not be disturbed unless found to be clearly erroneous … As noted in that case, one of the requirements which must be met before a publication is entitled to such a qualified or conditional privilege is that it be made in good faith.

Boatwright v. Metropolitan Life Ins. Co.

661 So. 2d 169 · Louisiana Court of Appeal · Sep 28, 1995

Relator submitted a certificate from the Secretary of State showing that it had never qualified to do business in Louisiana. … Once minimum contacts are established, these contacts may be considered in light of other factors to determine whether the assertion of personal jurisdiction would comport with "fair play and substantial justice".

Berard v. State, Department of Health & Human Resources

484 So. 2d 840 · Louisiana Court of Appeal · Feb 25, 1986

Supreme Court, in discussing the applicability of the attorneys fees act to interlocutory proceedings, stated that "[I]t seems clearly to have been the intent of Congress to permit such an interlocutory award only to a party … who has established his entitlement to some relief on the merits of his claims, either in the trial court or on appeal.”

Smith v. City of Alexandria

178 So. 737 · Louisiana Court of Appeal · Jan 28, 1938

Three of the four angles of this intersection are occupied by retail business establishments. In the fourth, there is a wholesale concern. … Surely, according to the evidence on behalf of plaintiff, the case is clearly with her. The boy was not run over by the wheels of the car.

Sacco v. Allred

845 So. 2d 528 · Louisiana Court of Appeal · Feb 19, 2003

The trial court found that the immunity provision did not apply because there was no DWI arrest. … the finding is not clearly wrong (manifestly erroneous).

Ronald Adams, Contractor, Inc. v. State, Department of Transportation & Development

457 So. 2d 778 · Louisiana Court of Appeal · Oct 9, 1984

Although the chief engineer for the Department of Transportation disagreed, we note the State did not tender or qualify him as an expert in construction terminology. … The expert testimony clearly established a contractor’s cost per unit increases as the quantity of units decreases; the greater the reduction the sharper the increase in cost.

McDonough Marine Service v. Doucet

95 La.App. 1 Cir. 2087 · 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.

Williams v. Franciscan Missionaries of Our Lady Health Systems, Inc.

190 F. Supp. 3d 561 · District Court, M.D. Louisiana · May 27, 2016

The plaintiff must first establish a prima facie case of discrimination by showing that he (1) is a member of a protected class, (2) was qualified for the position, (3) was subjected to an adverse employment action, and ( … Assuming arguendo that the plaintiff could establish a prima facie case, the Court notes that FMOLHS has come forth with clearly legitimate, non-discriminatory reasons for its actions, and Williams cannot offer evidence of

State v. David

425 So. 2d 1241 · Supreme Court of Louisiana · Jan 10, 1983

Qualified jurors need not, however, be totally ignorant of the facts and issues involved. … The introduction into evidence of the photographs of defendant's house and washing machine was clearly not harmful or prejudicial to the defense.

Funes v. Hooper

District Court, M.D. Louisiana · May 11, 2023

immunity. … Certainly, Plaintiff has alleged an underlying Eighth Amendment injury capable of overcoming Warden Hooper’s qualified immunity defense.

Hoddinott v. Hoddinott

253 So. 3d 233 · Louisiana Court of Appeal · Aug 1, 2018

The language of the consent judgment clearly indicates that Mrs. … "Res judicata cannot be applied to preclude another action unless all the essential elements are present and each necessary element has been clearly established by the party invoking it." Myers v. Nat'l Union Fire Ins.

Williams v. Dohm

2014 La.App. 1 Cir. 0102 · Louisiana Court of Appeal · Oct 14, 2014

based on the evidence or clearly without evidentiary support. … They also established that Officer Thompson suffered from an addiction to pain pills and was possibly under the influence of a controlled substance during the July 28, 2010 search.

Beaty v. Thiokol Corp.

414 So. 2d 1292 · Louisiana Court of Appeal · Mar 22, 1982

Robert Barrett, a well-qualified Shreveport vascular surgeon, who performed the surgery on plaintiff and treated him for his condition. … clearly established by a preponderance of the evidence."

Seegers v. Parker

256 La. 1039 · Supreme Court of Louisiana · Oct 26, 1970

Clearly state "support" cannot extend to such a point that the strictures of the Establishment Clause are violated. … The statutes clearly specify that the funds used will only be used for teachers of secular subjects. The funds will not be used to pay teachers of religion as such.

Wells v. Winn-Dixie Louisiana, Inc.

572 So. 2d 210 · Louisiana Court of Appeal · Nov 14, 1990

Further, even if a claim for lost wages can not be established with mathematical certainty, it can be established by any proof that reasonably establishes the claim, such as the plaintiff’s own testimony. … However, she testified that shortly before her accident she had qualified for a position with an agency that provided sitters for elderly persons and invalids.

Carter v. Iberia Parish Sch. Bd.

258 So. 3d 740 · Louisiana Court of Appeal · Dec 13, 2017

"The determination of whether an employer should be cast with penalties and attorney fees in a workers' compensation case is essentially a question of fact and subject to the manifest error/clearly wrong standard of review … Additionally, in Ward , 53 So.3d 421 , the Louisiana Supreme Court held that the OWC hearing officer "was not clearly wrong in determining Ms. Ward proved by a preponderance of the evidence" that Ms.

Lepine v. Lepine

243 So. 3d 737 · Louisiana Court of Appeal · Mar 14, 2018

The record further establishes that Troy appeared for trial and testified on his own behalf in the partition proceedings. … The record clearly shows, and Troy does not dispute, that Ms.