Case law

Jackson v. Jackson

818 So. 2d 192 · Louisiana Court of Appeal · Mar 6, 2002

Hudson, the developers presented testimony from William Addison, who was also qualified as a hydrology expert. Mr. … She further testified that the post was the boundary of her property and that the ditch was therefore clearly on her property.

Nickens v. McGehee

184 So. 2d 271 · Louisiana Court of Appeal · May 19, 1966

It is admitted that neither Kimble nor Jensen were qualified electricians, both being in the category of handyman or so-called jack of all trades. On the day of the fire, Mrs. … Appellants-Lessors, therefore, are clearly liable to plaintiffs for damages for mental pain and suffering incident to the destruction of the property of the latter, under the well established jurisprudence of our appellate

Knight

District Court, M.D. Louisiana · Feb 27, 2026

The opposing party must also specifically reference the paragraph number of each fact being admitted, denied, or qualified. Id. … Under the LWCA, a statutory employer is afforded the same tort immunity as direct employers. La. R.S. 23:1061(A)(1).

Succession of Meyerer

2013 La.App. 1 Cir. 1015 · Louisiana Court of Appeal · Mar 19, 2014

the district court granted Lori and Lisa Meyerer “leave to amend *576 the petition to eliminate any misunderstanding as to any inferred delictual action, such as tortious conversion or any other delictual claim, to more clearly … Meyerer did not change the beneficiaries under the John Deere plans; and, that there was no QDRO (qualified domestic relations order).

Arbourgh v. Sweet Basil Bistro, Inc.

740 So. 2d 186 · Louisiana Court of Appeal · May 19, 1999

Raynorda Brown was qualified as an expert in pediatric gastroenterology. She first examined Steven on June 26, 1995 at Children's Hospital. … Louise McFarland, chief epidemiologist for the State of Louisiana, was the next witness and was qualified as an expert in epidemiology.

Rison v. LifeCare Hospitals of Shreveport

196 So. 3d 657 · Louisiana Court of Appeal · May 18, 2016

Factual findings, in workers’ com; pensation cases are subject to-the manifest error or clearly wrong standard of appellate review. Gilliam v. Brooks Heating & Air Conditioning, 49,161 (La. … The director shall, through the office of workers’ compensation administration, promulgate rules in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., to establish a medical treatment schedule. C.

State v. Sullivan

827 So. 2d 1260 · Louisiana Court of Appeal · Oct 2, 2002

You are somebody who is going to go away; and in the interest of public safety, go and be immunized, that is to say, you're going to be put away out of society's reach, hopefully. … In this assignment of error, the defendant seems to argue that he was denied effective assistance of counsel because his counsel failed to timely file a motion to reconsider his sentence and his plea agreement failed to establish

State v. Lee

247 La. 553 · Supreme Court of Louisiana · Feb 25, 1965

Constantino, D.C., 201 F.Supp. 160 (change of street number), Cornelius on Search and Seizure, 2d Ed., page 585, and Varon on Searches, Seizures and Immunities, Vol. 1, page 354, et seq. … Furthermore, as the application for this search warrant clearly and unequivocally shows, the officers conducted a surveillance of this very address, and Nedd and two other users of marijuana, Adam Lawrence and Sanford Green

Baumbouree v. Baumbouree

15 La.App. 3 Cir. 1053 · Louisiana Court of Appeal · Jul 13, 2016

Stock transfer restrictions do not affect ownership of the stock; they merely qualify the privilege of disposition of the stock. Mestayer v. Williams, 569 So.2d 1102, 1106-7 (La.App. 3rd Cir.1990). … The sell/buy provisions of Articles IV and VI were valid and binding stock transfer restrictions, and clearly governed the valuation of the stock.

Jane Doe v. Herbert Lewis, Junior

Louisiana Court of Appeal · Dec 30, 2020

A conditional or qualified privilege arises in a broader number of instances. Id. . . . It is impossible to reduce the scope of a conditional or qualified privilege to any precise formula. Id. … “Defamation damages must be proved by competent evidence, but there is no need to establish the actual pecuniary value of the injury suffered.” Lege v. White, 619 So.2d 190, 191 (La.

Abdullah v. Simmons

772 So. 2d 698 · Louisiana Court of Appeal · Sep 13, 2000

Abdullah did not establish the correct standard of care through credible expert testimony, the jury's finding of negligence is erroneous because the finding is based on an incorrect standard of care. … Because a court of appeal has a constitutional function to perform, it has the duty to determine whether the trial court's judgment was clearly wrong based on the evidence, or clearly without evidentiary support.

Reuben v. Tidewater Marine

712 So. 2d 263 · Louisiana Court of Appeal · May 13, 1998

Reuben was denied workers' compensation benefits because (1) he tested positive for drugs after reporting the incident to his employer and (2) he willfully made false statements to the physicians treating him in order to qualify … Clearly he was hurt on December 27, 1994; medical testimony establishes this fact.

Benedict v. Lewis

3 Teiss. 331 · Louisiana Court of Appeal · Apr 30, 1906

On the 23rd of November, 1886, James Lewis made a cessio bonorum and was subsequently appointed and qualified as his own syndic. … It will be perceived from the foregoing statement of facts that the debt which the evidence in this case, all of which being received without objection, clearly establishes as being due to.

Troquille v. Stirling Properties, Inc.

14 La.App. 3 Cir. 561 · Louisiana Court of Appeal · Nov 5, 2014

Troq-uille ran into should have been more clearly marked. He based his opinion on a “code,” but did not specify which code. Mrs. Troquille introduced Mr. … Wood qualified. We find the trial court erred in ruling the affidavit of Mr. Wood inadmissible. We now turn to the question of whether summary judgment was appropriate if the affidavit of Mr. Wood is considered.

Bear Indus., Inc. v. Hanover Ins. Co.

241 So. 3d 1159 · Louisiana Court of Appeal · Jan 4, 2018

Louisiana Revised Statutes 9:4802 clearly defines those persons granted a claim or privilege pursuant to the Act and provides, in pertinent part: A. … They maintain that the uncontroverted testimony at trial established that it had incurred at least $75,000.00 in attorney fees.

Louis Ridgel v. Mitchell Chevalier, St. Bernard Parish Fire Department Through the St. Bernard Parish Government, and Lexington Insurance Company

Louisiana Court of Appeal · Jan 8, 2020

Chevalier’s actions constituted gross negligence despite the immunity established by La. R.S. 32:24. We agree. The immunity established in La. … Testimonial evidence established that Mr. Chevalier attempted to make a right turn from the left lane. Mr.

Allemang v. Louisiana

District Court, W.D. Louisiana · Jun 10, 2021

A qualified immunity defense to a claim under Louisiana constitutional law is analyzed under the same standard used for a qualified immunity defense to a claim under federal constitutional law. Moresi v. La. … Rogers was entitled to qualified immunity, Mr. Allemang’s claims for a violation of any state constitutional rights will be dismissed.

Nicholas v. Housing Authority of New Orleans

477 So. 2d 1187 · Louisiana Court of Appeal · Oct 8, 1985

We find that the appointing authority has failed to establish legal cause for disciplinary action in this instance. We find the legal conclusions of the commission in this instance are clearly wrong. … Because they furnish us with that money, there are certain things that we must live up to in order to qualify for that money.

Brodnax v. Foster

92 So. 3d 427 · Louisiana Court of Appeal · Apr 11, 2012

The applicable standard of review is the manifestly erroneous or clearly wrong standard. … the finding is clearly wrong.

State v. De Verges

153 La. 349 · Supreme Court of Louisiana · Feb 26, 1923

The title of Act 125 of 1908 reads, as follows: “An act to regulate the practice of public accounting by establishing a state board of accountants, fixing its fees and emoluments; to prohibit the unlawful use of words, letters … This latter provision was Clearly adopted as a matter of comity, since the principles of accounting are the same everywhere and presumably any one qualifying under restrictions equally efficient would be as competent in the