Case law

Gary Hardy v. Juvenile Justice Intervention Center

Louisiana Court of Appeal · Jun 16, 2022

A reviewing court should apply the clearly wrong or manifest error rule prescribed generally for appellate review. … Dept. of Streets, 95-0404, p. 7 (La. 1/16/96), 666 So.2d 641, 647(clearly stating the Rule II, Section 4.16 is not a mandate, but merely “directory”). Id.

Basham v. Trinity Industries

625 So. 2d 290 · Louisiana Court of Appeal · Sep 30, 1993

The issue on appeal is whether the jury findings are clearly wrong. 1 We affirm. … The evidence established that the vessel was clean when the Sheraton employees boarded.

Department of Highways v. Lykes Bros. S. S. Co.

209 La. 381 · Supreme Court of Louisiana · Dec 10, 1945

Section 8 of the act which created the Department of Highways reads as follows: “The Department of Highways shall have and enjoy all of the rights, pozvers and immunities incident to corporations; and shall have power to … Incapacities. — Corporations being intellectual persons, they are subject to various kinds of incapacities, some of which are inherent to their nature, others are established by law.”

Wagoner v. Exxon Mobil Corp.

813 F. Supp. 2d 771 · District Court, E.D. Louisiana · Aug 24, 2011

Saux are qualified to parse epidemiological studies to provide an opinion on general causation. a. Whether Dr. Butler is qualified—Dr. … Clearly, this would undercut the reliability of the expert’s opinion. See Claar v. Burlington *803 N. R.R.

Lapice v. Lapice

21 La. Ann. 226 · Supreme Court of Louisiana · Mar 15, 1869

The expression, the sum of fifty thousand dollars, mentioned in the third article of the marriage contract, is immediately qualified by adding the amount of a certain note which is fully described as the note sued on. … establish the inter-1 ruption of prescription.

Gregory v. Hardwick

218 La. 346 · Supreme Court of Louisiana · Nov 6, 1950

This suit was instituted by Louisa Gregory, who is the duly qualified testamentary executrix of the succession and a legatee, and also by the legatees Byrd Morris Lantz and Katie Lee Bettis. … These allegations disclose that the decedent and the defendant were married in 1922, and that in 1923 they established their matrimonial domicile in Shreveport.

Jordan v. STATE EX REL. BD. OF ADM'RS

40 So. 3d 1139 · Louisiana Court of Appeal · May 26, 2010

The breach of that standard of care was established through Ms. … Accordingly, based on the evidence in the record, we cannot find the trial court's finding of causation to be clearly wrong or manifestly erroneous. Furthermore, Ms.

Gautreau v. Board of Electrical Examiners

167 So. 2d 425 · Louisiana Court of Appeal · Jul 1, 1964

Had our esteemed colleague below held the act invalid he would under the circumstances shown clearly have contravened the jurisprudence established in State ex rel. Hutton v. … The obvious purpose of such a comprehensive Code is protection of the public welfare by insuring that only qualified persons are licensed as electrical contractors.

DiMattia v. Gulf South Beverage, Inc.

459 So. 2d 598 · Louisiana Court of Appeal · Nov 13, 1984

LaRocca, qualified as an expert in orthopedic surgery testified it was his opinion that the accident of March 5, 1981 caused the pain, suffering, resulting surgical operations, and disability to DiMattia.” … It is inescapable that the only physician who testified in regard to the surgeries unequivocally established the March 5, 1981 accident as the cause of the plaintiffs surgeries.

State v. Green

437 So. 2d 302 · Louisiana Court of Appeal · Aug 15, 1983

Art. 851, contending that the jury verdict was clearly contrary to the law and the evidence. He maintains the evidence does not show he was knowingly and intentionally in possession of the preludin. … The record establishes beyond doubt that the defendant is an habitual criminal.

Plaquemines Parish Commission Council v. Hero Lands Co.

380 So. 2d 722 · Louisiana Court of Appeal · Feb 7, 1980

If the Drainage District is permitted to store the spoil excavated from the canal and Hero Lands is forced to endure the resulting poor drainage of its land, a greater burden will be imposed on the property, and this is clearly … It is an established principle that an isolated or occasional transaction does not constitute the doing of business as contemplated by the occupational licensing law.

Succession of Spyker

159 So. 347 · Louisiana Court of Appeal · Feb 18, 1935

be technically, as to these plaintiffs, res judicata, which excludes all proof to. the contrary, yet they constitute, especially at this distance of time, prima fa-cie proof, which imposes upon' plaintiffs the burden of establishing … However, a reference to the foregoing quotations will show it to be clearly established that a judgment homologating a provisional account and partial tableau of distribution constitutes res adjudicata as to the claims appearing

Bristol Steel & Iron Works, Inc. v. State, Department of Transportation & Development

504 So. 2d 941 · Louisiana Court of Appeal · Mar 4, 1987

The starting point for our decision is the language of our Code of Civil Procedure establishing declaratory judgment procedure. … In January of 1982, Williams established an Employees Profit Sharing and Stock Ownership Plan (commonly and hereinafter referred to as ESOP).

Lam Ex Rel Lam v. State Farm Mut. Auto. Ins

946 So. 2d 133 · Supreme Court of Louisiana · Nov 29, 2006

that the fact finder is clearly wrong or manifestly erroneous. … Because appellate courts must perform this constitutional function, they have every right to determine whether the trial court verdict *143 was clearly wrong based on the evidence or was clearly without evidentiary support

McDonald v. American Family Life Assurance Co. of Columbus

2010 La.App. 1 Cir. 1873 · Louisiana Court of Appeal · Jul 27, 2011

In seeking a declaration of coverage under an insurance policy, Louisiana law places the burden on the plaintiff to establish every fact essential to recovery and to establish that the claim falls within the policy coverage … Clearly, the 180 days would not necessarily all be work days.

Hull v. Stalder

808 So. 2d 829 · Louisiana Court of Appeal · Feb 15, 2002

Recognizing tort actions as being clearly civil matters, the court found that CARP violated the Constitution by allowing the Department to exercise original jurisdiction in tort actions and was an invalid attempt to alter … Beyond that, the Lewis court held that to establish a Bounds violation the inmate must suffer "actual injury" or "actual harm" resulting from the "alleged shortcomings in the library or legal assistance program."

State v. Linn

975 So. 2d 771 · Louisiana Court of Appeal · Feb 13, 2008

Clearly, there was sufficient evidence for this jury to determine that the essential elements of this crime existed to convict Linn. This assignment of error is without merit. … Channell's testimony established, without contradiction, that a number of the methamphetamine supplies were in plain view in Linn's vehicle.

Gautreaux ex rel. Gautreaux v. Arabie Trucking

2012 La.App. 1 Cir. 1026 · Louisiana Court of Appeal · Sep 13, 2013

American argues that the fee schedule clearly sets forth three categories of personnel providing services to an injured employee: (1) RN; (2) LPN; and (3) “sitter/nonprofessional.” … under Section 3509A(11), it is possible that she could qualify for reimbursement as a “self-employed nurses’ aide.”

Culotta v. Sodexo Remote Sites Partnership

864 F. Supp. 2d 466 · District Court, E.D. Louisiana · Mar 29, 2012

To prevail on her claim of discrimination in violation of the ADA, Culotta must establish that (1) she has a disability, (2) she is qualified for the position in which she seeks employment, and (3) she was discriminated against … disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune

Houghton v. Our Lady of the Lake Hosp., Inc.

859 So. 2d 103 · Louisiana Court of Appeal · Jul 16, 2003

No civil action against a qualified health care provider or its insurer may be commenced in any court before the claimant's proposed complaint has been presented to a medical review panel established pursuant to the Act. … The panel was not established pursuant to the provisions of the Act, which clearly requires advance written notice to the parties of any employment relationship, financial relationship, or other relationship with either party