Case law

Mott v. Department of State Civil Service

506 So. 2d 713 · Louisiana Court of Appeal · Apr 14, 1987

The pertinent portions of the minimum qualifications for the class of Laboratory Technologist IV are: *715 'MINIMUM QUALIFICATION REQUIREMENTS Options will be established as follows: ‘Medical’ or ‘Public Health’. … JCAH required a sufficient number of qualified laboratory personnel and defined ‘qualified personnel’ as ‘a graduate of a medical technology program approved by a nationally recognized body or have documented equivalent education

Sherwood Forest Country Club v. Litchfield

978 So. 2d 443 · Louisiana Court of Appeal · Apr 25, 2008

A tax exemption, being an exceptional privilege, must be expressly and clearly conferred in plain terms and must be unequivocally and affirmatively established by the taxpayer. See Willis-Knighton Medical Center v. … In reliance on Black's Law Dictionary, the third circuit determined that the plaintiff qualified as a "fraternal organization" within the meaning of the statute.

Dreyfus v. American Bonding Co.

136 La. 491 · Supreme Court of Louisiana · Nov 4, 1914

“I submit that the provision referring to the payments establishes the indivisibility of the contract. … The penalty established for not completing is for ‘the work.’

Johnson v. Morehouse General Hospital

63 So. 3d 87 · Supreme Court of Louisiana · May 10, 2011

_JjgFirst, with the exception of Nurse Stephenson, all of the testimony and evidence presented established that Dr. … Because of our ruling that the trial court was clearly wrong in finding Morehouse’s failure to notify Dr.

In Re Adoption of APC

0 La.App. 5 Cir. 1381 · Louisiana Court of Appeal · Dec 13, 2000

that the finding is not clearly wrong (manifestly erroneous). … This differs from the rights of a parent who qualifies as a legal father pursuant to Ch. C. Art. 1193. A father who qualifies under Ch. C. Art. 1193 must consent to an adoption if his rights have not been terminated.

Henderson v. Kentwood Spring Water, Inc.

583 So. 2d 1227 · Louisiana Court of Appeal · Jun 27, 1991

The defendant did not establish its right to the deductions nor did it establish that the plaintiff wilfully consented to the deductions. See McCoil v. West Enterprises, Inc., 552 So.2d 1302 (La.App. 5th Cir.1989). … Kentwood's policy manual clearly sets forth the procedures for bad debts, and the plaintiff testified that he understood these procedures when he was employed by Kentwood.

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.

Joseph v. HOSPITAL SERVICE DISTRICT NO. 2

939 So. 2d 1206 · Supreme Court of Louisiana · Oct 15, 2006

The court of appeal found the contract as a whole clearly manifested an express intent to benefit Dr. Joseph. … Thus, SMAA is specifically and clearly granted the exclusive right to provide anesthesia services.

McCauley v. Albert E. Briede & Son

231 La. 36 · Supreme Court of Louisiana · Jun 29, 1956

is open to attack only by a person whose rights are affected thereby, and that such person must show that enforcement of the law would be an infringement of his rights, it is incorrect to say that the plaintiffs fail to qualify … Indeed, unrestricted discretion as to what uses might be made of the properties in a community would not *49 only be contrary to sound social policy but clearly unconstitutional. * * * ” 10 It is clear that the provisions

City of Alexandria Through Snyder v. Lanier

446 So. 2d 547 · Louisiana Court of Appeal · Mar 7, 1984

A Mayor, in the performance of his administrative duties, must be accorded discretion and his exercise thereof will be presumed to be valid unless the contrary is clearly shown. LaFleur v. … Nevertheless, charter provisions limiting or qualifying the authority of municipal officials must be construed so as to give them effect. Id.

Leija v. Gathright

211 So. 3d 592 · Louisiana Court of Appeal · Dec 21, 2016

To establish a valid privilege under the Private Works Act, the individual claiming a privilege must qualify as a claimant under the express terms of the act. La. … In this case, Leija has clearly admitted that his contractor’s license was inactive at the time of the oral agreement and at all times during the construction.

Thibodeaux v. Thibodeaux

525 So. 2d 69 · Louisiana Court of Appeal · Feb 3, 1988

However, from the evidence in the record before us we are unable to say that this conclusion of the trial court was clearly wrong. … Even if a portion of these other expenses is attributable to the children, we feel that plaintiff's low income qualifies her as not having sufficient means for support.

Richard v. SUPREME SUGAR CO., INC.

2010 La.App. 1 Cir. 1835 · Louisiana Court of Appeal · Jun 2, 2011

In so holding, this court reasoned: Clearly, it does not appear that the Legislature intended to provide workers’ compensation death benefits to the survivors of retired employees based upon the retiree’s social security … "Rather, the statute establishes entitlement and references the calculation of the death benefit payment, which is based on the injured employee's wages at the time of the accident.”

Moore v. Iasis Glenwood Regional Medical Center, Inc.

216 So. 3d 187 · Louisiana Court of Appeal · Feb 15, 2017

When granting the JNOV, the trial court clearly discounted Nurse Vollmar’s testimony and determined that actions not documented in the medical records did not occur. … They state that the jury clearly agreed with their experts’ characterization of Mr. Moore’s injury as continuing, and not transient, in nature.

Bush v. Bush

144 So. 2d 119 · Louisiana Court of Appeal · Sep 4, 1962

To evaluate which parent is better qualified to rear the child we are, in effect, relegated to choosing the lesser, in degree, of each parent's breach of conduct, insofar as the child's ultimate welfare is concerned; therefore … Thereafter, the couple moved to Orleans Parish where the matrimonial domicile was established and continued to exist until their separation, which occurred on May 27, 1954.

Aymami v. St. Tammany Parish Hospital Service District No. 1

2013 La.App. 1 Cir. 1034 · Louisiana Court of Appeal · May 7, 2014

that the finding is not clearly wrong (manifestly erroneous). … A trial court’s decision to qualify an .expert will not be overturned absent an abuse of discretion. Johnson, 63 So.3d at 99 .

Allen v. Superior Insurance Co. of Dallas

192 So. 2d 820 · Louisiana Court of Appeal · Nov 15, 1966

Thomas Campanella testified on behalf of plaintiff and was qualified as an expert orthopedist. … Meuleman is a qualified orthopedist whose testimony was taken by deposition.

Bujol v. Entergy Services, Inc.

833 So. 2d 947 · Louisiana Court of Appeal · Jan 16, 2003

by statute, including immunity as provided by La. … by statute, including immunity as provided in La.

State v. Johnson

440 So. 2d 838 · Louisiana Court of Appeal · Oct 24, 1983

Clearly, this assignment of error is without merit. … He specifically *845 noted that the defendant does not qualify for probation or a suspended sentence and stated that even if he did qualify he would be a poor candidate because of his extensive criminal activity.

State v. DeShazo

504 So. 2d 963 · Louisiana Court of Appeal · Mar 4, 1987

However, in the absence of qualifying provisions, the terms ‘intent’ and ‘intentional’ have reference to ‘general criminal intent.’ … The state asserts that DeShazo’s “actions clearly demonstrate that she was aware that the consequences of her actions were certain to follow.”