Case law

Smith v. Consolidated Underwriters

53 So. 2d 264 · Louisiana Court of Appeal · May 30, 1951

But if plaintiff was making the trip in the interest of his employers and in connection with the course and scope of the duties of his employment, then clearly he is entitled to compensation. … testimony of the witnesses, which was given with fairness and frankness, that he not only did not deny plaintiff’s authority to do the acts for which plaintiff contends in support of his claim, but, on the contrary, so qualified

Wirtz v. Soft Drinks of Shreveport, Inc.

336 F. Supp. 950 · District Court, W.D. Louisiana · Dec 23, 1971

The general rule applicable to segregation of qualifying from non-qualifying weeks is that once the employee has demonstrated regular or recurrent qualifying work for the time in question the burden shifts to the employer … Clearly, LaDew is inapposite to *959 the facts we find in Soft Drinks.

Succession & Community of Duhé

41 La. Ann. 209 · Supreme Court of Louisiana · Mar 15, 1889

Genevieve Madere was qualified and confirmed dative tutrix to said minors. … That this was clearly intended by the Legislature in adopting the Code, will appear from the perusal of the comparative provisions found in R. C. C. 3253, 316C, 3260.

ASI Fed. Credit Union v. Certain Underwriters at Lloyd's of London Syndicate 1414 Subscribing to Policy FINFR1503374

259 So. 3d 552 · Louisiana Court of Appeal · Nov 7, 2018

Specifically, Underwriters argues that the Policy's "Directors & Officers Exclusion Clause" clearly and unambiguously excludes coverage for ASI's claim, i.e. , the alleged theft of ASI's cash by the owner of LeoTran. … We find this statement insufficient to qualify as an admission or stipulation by Underwriters (which would obviate the certification requirement) as to the specific ATMWW/LeoTran contract to which ASI claims it was a third

Hinson v. the Glen Oak Retirement System

853 So. 2d 726 · Louisiana Court of Appeal · Aug 20, 2003

In the instant case, plaintiffs' petition clearly set forth claims of medical malpractice and in fact, the violations found by the trial court cannot be categorized as anything other than acts of malpractice. … Nurses are not qualified to diagnose diseases or illnesses. After reading Mrs.

Arceneaux v. Shaw Group, Inc.

2012 La.App. 1 Cir. 0135 · Louisiana Court of Appeal · Sep 24, 2012

Both experts have shown impressive curriculum vitaes that in this court’s opinion more than qualify them as experts in their respective fields. Dr. … Evidentiary Weight of Expert Opinions The trial court qualified both Dr. Castine and Dr. Greenberg as experts in their respective fields.

Brumfield v. Cain

854 F. Supp. 2d 366 · District Court, M.D. Louisiana · Feb 23, 2012

Specifically, both Atkins and Ford had been decided and clearly established before that date. … There is no federally-established, bright-line cutoff for persons to qualify as mentally retarded, even using an objective IQ test as the measure for the intellectual functioning prong.

Hagedorn Motors, Inc. v. Godwin

170 So. 2d 779 · Louisiana Court of Appeal · Dec 21, 1964

Notwithstanding the wife's purchase may not qualify as "necessary" within the contemplation of the applicable codal authority, the husband may nevertheless be held liable if he acquiesces therein, receives the benefit thereof … In essence defendant husband testified he accompanied his wife to plaintiff's establishment to assist her in selecting the vehicle to be purchased.

United States ex rel. Sheffield v. Waller

126 F. Supp. 537 · District Court, W.D. Louisiana · Dec 23, 1954

On further questioning the next day, he withdrew his statements tending to establish self-defense and made a damning confession which was the coup de grace at his trial. … This clearly was unnecessary to the State’s case, and was done to prejudice the jury. 13 Defense counsel made no post-trial motions and did not appeal.

Hampton v. Greenfield

576 So. 2d 630 · Louisiana Court of Appeal · Mar 14, 1991

Liability of the State Uncontradicted expert testimony at the trial clearly established that Charity's policy allowing SRNA Reyes to respond to this code call was a breach of the applicable standard of care, as the trial … We agree with plaintiff that the trial judge's conclusion as to causation is based upon improper legal analysis and is clearly wrong.

Forstall v. Daigrepont

551 So. 2d 653 · Louisiana Court of Appeal · Sep 28, 1989

Clearly, this issue was a matter of fact solely within the province of the jury. … Clearly, an award of $10,000 to plaintiff for his injuries was one that reasonable men could reach.

State v. Rapier

152 So. 2d 272 · Louisiana Court of Appeal · Jun 14, 1963

Rapier is thoroughly qualified as an expert appraiser, but believes his figures are too high." … Lemaire the best qualified and most experienced of all the appraisers who testified. Mr.

Hughes v. Caddo Parish School Board

57 F. Supp. 508 · District Court, W.D. Louisiana · Jan 29, 1945

It is only when it is clearly shown that the action of such a board is beyond its authority or is ar-° bitrary, Unreasonable, or fraudulent that a court is justified in interfering.’ … The United States Supreme Court held that Waugh could be so obliged without denying him due process of law or his privileges or immunities as a citizen of the United States under the fourteenth amendment.

Succession of Michel

225 So. 2d 480 · Louisiana Court of Appeal · Jul 7, 1969

Smith and Edward J. deVerges, Jr., were duly qualified and appointed as such. Thereafter, public inventories of the testator's property in Orleans, Jefferson, and St. … The use of the plural in this case clearly establishes the testator's intent that Mr. deVerges should benefit from both fees.

Greer v. State, Department of Transportation & Development

437 So. 2d 1170 · Louisiana Court of Appeal · Aug 15, 1983

damages to plaintiffs’ houses and buildings, judgments were rendered in favor of each plaintiff against the defendants in sol-ido. 1 The defendants appealed, specifying *1172 as error the trial court’s findings that the established … The defendants presented a strong defense based on the testimony of four well-qualified experts, a geologist and three engineers.

South Central Bell Telephone Co. v. Traigle

357 So. 2d 610 · Louisiana Court of Appeal · Mar 20, 1978

“And it is a general rule of statutory construction that qualifying words or phrases are to be applied to the words or phrases immediately preceding. … The underlined portion clearly relates to “public utility” and is the only type of business which is made subject to the additional license tax.

Bruce v. Rogers Oil Tool Services, Inc.

556 So. 2d 922 · Louisiana Court of Appeal · Feb 7, 1990

In effect, the impact must be the result of an unbroken chain of events with a clearly definable beginning and ending, occurring in a continuous sequence." … Bernard was well qualified and well prepared, and we find that a reasonable juror could have accepted his version of the facts.

Point Proven, LLC v. City of Monroe

214 So. 3d 912 · Louisiana Court of Appeal · Jan 13, 2017

Moreover, these provisions clearly envision a difference between the withholding and the suspension or revocation of a liquor permit. … A permit is personal and the LLC members individually are required to qualify. . This discharge was found to be accidental. . The City cites La.

Hogan v. Morgan

960 So. 2d 1024 · Louisiana Court of Appeal · Apr 26, 2007

The right is not absolute; it is qualified by the rights of others. Angelo Iafrate Const., L.L.C. v. State ex rel. … For this reason, great deference is afforded the trier of fact in determinations of credibility, and accordingly, the "manifest error" or "clearly wrong" standard of review was established to preclude the de novo review of

Strawder v. Zapata Haynie Corp.

94 La.App. 3 Cir. 453 · Louisiana Court of Appeal · Nov 2, 1994

However, the trial court did qualify him as an expert. … The trial court concluded that there was not enough evidence to establish a common law marriage between Latia Clark and John Bartie and therefore dismissed Clark's claim.