Case law

Clevenger v. Chater

977 F. Supp. 776 · District Court, M.D. Louisiana · Jun 10, 1997

Sullivan, the court stated that the EAJA establishes a two step analysis for determining an appropriate hourly rate. … The language of the statute clearly contemplates the application of the lodestar method of calculating attorney’s fees.

CONTRACTORS SUPPLY v. J. Caldarera & Co.

98 La.App. 5 Cir. 1010 · Louisiana Court of Appeal · Mar 30, 1999

There were no documents presented to establish the sale of materials to the defendant. The court was not presented with an agreement signed by the defendant to pay for freight. … It is the opinion of this Court that the trial court was not "manifestly erroneous" or "clearly wrong" in its award of damages to the plaintiff.

Cyprien v. BD. OF SUP'RS EX REL. U. OF LA.

5 So. 3d 862 · Supreme Court of Louisiana · Jan 21, 2009

Cyprien's employment was because "he had not received a degree from an accredited four year institution, [and therefore] Cyprien failed to qualify for the position he was initially hired to fill." … Cyprien clearly knew or should have known that his academic qualifications were an important factor in ULL's decision to hire him.

State v. Washington

364 So. 2d 949 · Supreme Court of Louisiana · Nov 13, 1978

Defense counsel argues in brief that the record does not establish probable cause to search defendant nor an abandonment of the seized narcotics. … The trial court erred in overruling defense objection to trial court’s questioning of police officer not qualified as a fingerprint expert, and commenting on witness’ qualifications. 5.The trial court erred in overruling

Brown v. Crockett

8 La. Ann. 30 · Supreme Court of Louisiana · Jan 15, 1853

belonging to such minors within this State, upon producing satisfactory evidence of their appointment, without being under the necessity of qualifying as tutors according to the laws of Louisiana. … In the next place, the jury had clearly a right to consider the mental pain inflicted upon the child, a legitimate subject of amend. See Civil Code, Art. 1928.

Florida Gas Transmission v. Woodside

198 So. 2d 716 · Louisiana Court of Appeal · Apr 17, 1967

The record clearly shows that the property in question is primarily swamp land and is laced with various lakes, and a large percentage of it lies under water. … Munson, who was clearly the most qualified witness to testify on the trial, it cannot be said that the decision of the Trial Judge in this case was erroneous.

Spoon v. Bayou Bridge Pipeline LLC

District Court, M.D. Louisiana · Jul 17, 2023

individual capacity to the extent that their conduct does not violate clearly established statutory or constitutional rights.”158 “A plaintiff seeking to overcome qualified immunity must show: ‘(1) that the official violated … a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.’”159 Once qualified immunity is raised, “the burden shifts to the plaintiff to demonstrate the

Sislo v. New Orleans Center for Creative Arts

2016 La.App. 4 Cir. 0178 · Louisiana Court of Appeal · Aug 17, 2016

Relying on Supreme Court jurisprudence, this Court has stated: Whether this accident in the employer’s parking lot before the commencement of a workshift falls within the .course and scope of plaintiffs employment is clearly … Whether the exposure qualifies an "occupational disease” was not raised by the parties' as an issue on appeal. .

Barnco Intern., Inc. v. Arkla, Inc.

684 So. 2d 986 · Louisiana Court of Appeal · Dec 5, 1996

Clearly, however, broad discretion rests with the trial judge in deciding which witnesses are qualified as experts, and the breadth and scope of that expert testimony. Manchack v. … Art. 1793(C) clearly establishes a mandatory procedural rule for preserving an objection to the denial of a requested charge.

Mitchell v. University of Louisiana System

154 F. Supp. 3d 364 · District Court, M.D. Louisiana · Dec 30, 2015

First, Defendant argues that there is no prima facie case because the Plaintiff was not qualified. Second, the Defendant argues that, even if she were qualified, Plaintiff has failed to establish pretext. … Prima Facie Case: Qualification To establish a prima facie case, Plaintiff must show that (1) she was denied a promotion; (2) she was qualified for the position; (3) she was within the protected class (over 40 years old);

Stanley R. Palowsky, III, Individually and on Behalf of Alternative Environmental Solutions, Inc. Versus Allyson Campbell

Louisiana Court of Appeal · Mar 30, 2022

Palowsky has alleged facts sufficient to establish any of these causes of action against Ms. … Though Judge Sharp clearly violated the Canons of Judicial Conduct, specifically Canon 3(A)(6), in the above stated acts, he has judicial immunity for civil damages for his participation in the acts alleged

Montgomery v. Opelousas General Hosp.

546 So. 2d 621 · Louisiana Court of Appeal · Jun 28, 1989

Montgomery are clearly excessive. "Before an appellate court can disturb a quantum award, the record must clearly reveal that the trier of fact abused its discretion in making the award. … Montgomery replied that she had not applied for a clerical position, even though she was qualified and physically able to handle a clerical job.

Fagot v. Ciravola

445 F. Supp. 342 · District Court, E.D. Louisiana · Feb 2, 1978

The omission of a named defendant clearly requires correction. The plaintiff offers no objection to a specification of the component parts of the total damages award. … The affidavit of Chief Miller is insufficient to establish facts proving either that Mr.

State v. Smith

106 La. 33 · Supreme Court of Louisiana · Nov 15, 1901

Thomas Dickson,” charged with rape, and her 'testimony had sufficient effect upon the jury to obtain a qualified •verdict; her testimony was full and complete upon that trial, and she 'did not impress any one in court that … On the contrary, she clearly satisfied every one that she Was intelligent, cool, and deliberate, and above the average of her race. 'On her trial, she testified fully and intelligently.

State v. Hankerson

604 So. 2d 1330 · Louisiana Court of Appeal · May 22, 1992

statements elicited by the state during plea negotiations which took place in Rapides Parish, where the defendant was charged in both Avoyelles Parish and Rapides Parish and he apparently believed that he was being offered immunity … Thus, Captain Connor's testimony clearly reflects that he first advanced the proposal that the brothers confess; and, in fact, he required the defendant to confess to this crime as a predicate for entering into an alliance

Doyle v. City of New Orleans Police Department

2009 La.App. 4 Cir. 1683 · Louisiana Court of Appeal · Aug 10, 2010

“Factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of appellate review.” Banks v. … While he stated his belief that the work conditions probably contributed to Officer Doyle’s underlying condition by suppressing the immune system, he could not say with certainty that there was a causal connection between

Laper v. BOARD OF COM'RS, PORT OF NEW ORLEANS

617 So. 2d 505 · Louisiana Court of Appeal · Jan 28, 1993

Plaintiff qualified Timothy Mutz as an expert auctioneer with a specialty in industrial auctioneering. Mutz's testimony was directed to establishing the standard of care of a reasonable auctioneer. … Moreover, aside from the question of duty, there is no evidence establishing *513 that the persons who dismantled the monorail station were not qualified to do the job.

Banner v. GEO Consultants Intern., Inc.

593 So. 2d 934 · Louisiana Court of Appeal · Jan 30, 1992

The official comment to the article states, "This definition includes conventional units of all kinds, whether established by declaration under a pooling power, by a contract executed by all parties affected, or otherwise … As between GEO and Devon, they clearly intended to create a unit around this well when they agreed that Devon would assign everything back to GEO except the 160 acre tract. They even referred to the tract as a unit.

Gardner v. Craft

137 So. 3d 69 · Louisiana Court of Appeal · Mar 5, 2014

As to IP, Craft, and Zachry, Gardner maintains that the trial court erred in failing to recognize that the conditions of the tank all qualify as immediate and apparent risks of harm, which *75 made it substantially certain … R.S. 9:2772 peremption period renders KBR immune from accountability for maintenance responsibilities assumed by KBR when it undertook an obligation to maintain all facilities necessary for the ample protection of the public

ACCOUNTANTS'ASS'N OF LOUISIANA v. State

533 So. 2d 1251 · Louisiana Court of Appeal · Oct 27, 1988

These reports contained essentially the same language as the AICPA form, except that the phrase "in accordance with established standards" is substituted for the phrase "in accordance with standards established by the American … qualifies as a "generally applicable licensing provision limiting the class of persons who may practice the profession," and as such is not a limitation upon plaintiffs' freedom of speech.