Case law

Duncan ex rel. Hahn v. South Central Bell Telephone Co.

608 So. 2d 649 · Louisiana Court of Appeal · Oct 28, 1992

Both “in the course of employment” and “arising out of employment” must be proven to qualify for compensation benefits; however, they should not be considered in isolation and a strong showing of one can overcome or strengthen … We reviewed the present case under the clearly erroneous standard.

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.”

Charles v. Town of Jeanerette, Inc.

234 So. 2d 794 · Louisiana Court of Appeal · Apr 30, 1970

Prior to the institution of this suit a Concurrent Resolution was adopted by both houses of the Louisiana Legislature authorizing the filing of this action against the Town of Jeanerette, and waiving the town's immunity from … It may be true that one was conducted under authority of the common council in the name of the city; but, unless the corporation itself was authorized to establish the ferry, it cannot be said that the act of the council

Brown v. Democratic Parish Committee

183 La. 967 · Supreme Court of Louisiana · Dec 3, 1935

That declaration of the liberal policy pursued by this court in construing the election laws in the interest of the people' was not qualified nor restricted. … It must be specially pleaded and the burden of establishing it is on the *987 pleader. The plea can never be enforced except upon the clearest showing that it is well-founded.

Cottonham v. Rockwood Ins. Co.

403 So. 2d 773 · Louisiana Court of Appeal · Jul 22, 1981

The evidence clearly establishes that plaintiff suffers substantial pain both on and off duty as a consequence of his accident and resulting paraplegia. … The circumstances of this case are clearly distinguishable. Unlike the evidence presented in Dusang , the evidence here clearly establishes that plaintiff is in constant, substantial and disabling pain.

Palumbo v. Shapiro

2011 La.App. 4 Cir. 0769 · Louisiana Court of Appeal · Dec 14, 2011

(iii) A person who may be immune from suit because of immunity granted by statute. (3) If appropriate, whether there was negligence attributable to any party claiming damages, and, if so: (a) Whether such negligence was a … Clearly, the versions of events put forward by Ms. Palumbo and Mr. Pigg differ greatly. It is equally clear that these sharp differences cannot be resolved adequately with nothing save a cold transcript.

Bardwell v. Parish Council of Parish

216 La. 537 · Supreme Court of Louisiana · Dec 30, 1949

In determining whether the plea of prematurity or lack of equity jurisdiction is well taken, two established principles must be considered. … Winthrop, 115 Fla. 721 , 156 So. 270 , 94 A.L.R. 804 , that the majority view is that, where the voters are submitted any proposition which, if passed, would clearly and palpably violate either the Federal or State Constitution

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.

Hebert v. Parker

796 So. 2d 19 · Louisiana Court of Appeal · Sep 25, 2001

The jury was not clearly wrong in finding that Dr. … The jury was not clearly wrong in finding that Dr.

Opinion Number

Louisiana Attorney General Reports · Feb 1, 2011

The provisions of this Subsection shall apply only to a cemetery established after June 21, 2008. § 305. … makes a distinction between scattering within and outside of dedicated cemeteries, the latter not qualifying as "interment" under Louisiana law.

McCain v. Davis

217 F. Supp. 661 · District Court, E.D. Louisiana · May 15, 1963

By this decision the owners or operators of hotels or other establishments covered by the statute are merely no longer required by state law to segregate. … The hotels involved in this litigation are privately owned and operated and are thus, in my opinion, clearly not within the ambit of the Fourteenth Amendment.

Dowling v. Orleans Parish Democratic Committee

235 La. 62 · Supreme Court of Louisiana · Apr 21, 1958

This holding is said to rest on the principle that circumstantial evidence is admissible to prove for whom illegal votes were cast in an election and, where the facts from which the finding is made are clearly established … , tending to establish by whom these votes were cast.

Tuger v. Audubon Insurance

152 So. 2d 354 · Louisiana Court of Appeal · Mar 29, 1963

The record in the present case clearly establishes that the Tuger automobile entered the intersection first and was struck on its right side from about its center *358 toward the rear of the vehicle. … Although counsel for plaintiff concededly did not attempt to qualify Dr.

State v. Mullins

537 So. 2d 386 · Louisiana Court of Appeal · Dec 29, 1988

He specifically argues that the evidence is insufficient to establish that he possessed the requisite specific intent. … Accepting the victim's testimony the defendant clearly committed a battery on the victim —he intentionally used force or violence on her person.

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.

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.

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."

Alcoa Steamship Company v. Charles Ferran & Company

251 F. Supp. 823 · District Court, E.D. Louisiana · Mar 2, 1966

The defenses which may be asserted by each codebtor in solido are established by the Louisiana Civil Code: “Art. 2098. … United States Fidelity & Guaranty Co., 241 La. 1096 , 134 So.2d 45, 50 (1961); charitable immunity, Lusk v.

Levy v. La. Dep't of Pub. Safety & Corr. & James Leblanc

371 F. Supp. 3d 274 · District Court, M.D. Louisiana · Mar 4, 2019

Parties' Arguments The plaintiffs first argue that they have proven a violation under the RA and ADA *282 by establishing that each plaintiff has a qualified disability, that they are denied access to services, programs, … Further, the use of inmates to interpret is "clearly inadequate" because they are not qualified ASL interpreters and cause impartiality and confidentiality concerns. ( Id. at 17-18).

Weber v. CHARITY HOSP. OF LA. AT NEW ORLEANS

459 So. 2d 705 · Louisiana Court of Appeal · Jan 14, 1985

After a trial on the merits the trial judge found that the evidence established that Shirley Weber, Gaynell's host driver, negligently caused the collision responsible for Gaynell's initial injuries. … We have reviewed the entire record and we cannot say that this factual finding by the trial court is clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).