Case law

Toston v. St. Francis Medical Center, Inc.

178 So. 3d 1084 · Louisiana Court of Appeal · Oct 14, 2015

A court of appeal may not . set aside a trial court’s or jury’s finding, of fact in the absence of manifest error or unless clearly wrong. … that the factfinder is clearly wrong or manifestly erroneous.

Sutherland v. Orleans Parish Sheriff's Office

District Court, E.D. Louisiana · Mar 11, 2020

They insist that his allegedly “forced” retirement is not an adverse employment action because he cannot establish that it qualifies as a constructive discharge. Brown v. … Thus, the court found that the sheriff in question “qualifies as an employer for Title VII purposes.”

Wright v. Hirsch

572 So. 2d 783 · Louisiana Court of Appeal · Dec 20, 1990

Wright, was qualified as an expert in general surgery. … Qualifying his contention, Dr.

Bethea v. La. Dept. of Transp. & Development

415 So. 2d 535 · Louisiana Court of Appeal · May 25, 1982

The plaintiffs have clearly shown that the trial court's conclusion concerning DOTD's negligence was correct. … Here, the trier of fact specifically rejected the defense of intoxication, saying: ... the evidence is clear that the blood sample was taken by one who was not qualified to do it.... and ... the court feels that it has not

Bodden v. Moore

District Court, E.D. Louisiana · Apr 21, 2025

A legally sufficient complaint must establish more than a “sheer possibility” that the party’s claim is true. See Iqbal, 556 U.S. at 678. … immunities that can be claimed” are “forms of sovereign immunity”).

Morrison v. New Hampshire Insurance Company

249 La. 546 · Supreme Court of Louisiana · Jun 6, 1966

The Court of Appeal has clearly stated the facts leading to the institution of the instant proceeding as follows: “Defendant is a New Hampshire corporation authorized to write fire policies *551 in Mississippi; Giadrosich … Those restrictions are more than a guarantee of' immunity from inconvenient or distant litigation. They are a consequence of' territorial limitations on the power of' the respective States.

CHF Finance Discount "A" Co. v. Hall

249 So. 2d 217 · Louisiana Court of Appeal · Jun 7, 1971

The record clearly shows that there are several debts and obligations of the defendant which were in existence at that time, but which were not included on his financial statement. … If it were otherwise, a creditor could easily make its credit or loan immune from discharge in bankruptcy by the simple expedient of closing its eyes to what is obviously not true, and easily detected.”

Tenneco Oil Co. v. Chicago Bridge & Iron Co.

495 So. 2d 1317 · Louisiana Court of Appeal · Dec 5, 1986

The evidence clearly supports this claim. … The evidence clearly supports this claim.

Bessie Tillman v. Nationwide Mutual Ins. Co

Louisiana Court of Appeal · Feb 22, 2021

However, the enactment of LSA- R.S. 9: 2795, a second more expansive immunity statute, evidences an intent on the Legislature' s part that these statutes are to grant a broad immunity from liability. … As the party seeking to avail itself of the RUS, the TPCG must establish that it is entitled to immunity under the statues.

Harvey v. Havard

225 So. 2d 615 · Louisiana Court of Appeal · Jul 2, 1969

There is clearly no title translative of ownership of all property west of the fence line. … His conclusion could not have been more clearly expressed: I specifically hold that the prescription provided under LSA-C.C.

Pino v. Bennett

126 So. 2d 460 · Louisiana Court of Appeal · Jan 30, 1961

of the corporation it was incumbent upon defendant to make this clearly and unmistakably known to plaintiff. … That plaintiff himself qualifies as the “one credible witness” required by Article 2277 of our Revised Civil Code is hardly open to argument. See Cormier v. Douet, supra.

State v. Mayho

601 So. 2d 783 · Louisiana Court of Appeal · May 28, 1992

Defendant asserts that the above testimony of Keesha Carter clearly indicates the State deliberately elicited the improper remarks from their witness. … This testimony is clearly prohibited by Article 608(B).

Liter v. City of Baton Rouge

258 La. 175 · Supreme Court of Louisiana · Feb 24, 1971

expropriate land for this purpose, to establish ferries and public schools, in addition to the furnishing of innumerable day-to-day services (such as fire and police protection). … Clearly, it has no application here. Our decision in Police Jury v. Stafford, supra, was rendered in 1911.

Watson v. Morrison

340 So. 2d 588 · Louisiana Court of Appeal · Feb 14, 1977

If the recitation of events by Susan under hypnosis had been a spontaneous, uncontaminated recollection, there would have been no way for her to know this was, in fact, a feed truck, as it was clearly established that from … While it was not established by a preponderance of the evidence that Watson, in fact, drove into Susan Morrison's lane, it was established that as Watson's vehicle became visible to Susan Morrison over the crest of the hill

State v. Brown

288 So. 2d 339 · Supreme Court of Louisiana · Jan 14, 1974

The defendant argues that LSA-R.S. 42:283-285 and LSA-R.S. 44:1 clearly show that these documents are public records, and that the denial of access to these records substantially deprived him of his right to prepare his defense … Lewis, supra, held that it was reversible error not to allow questioning of an accomplice, who had testified for the state, to determine *346 whether he had been promised immunity or leniency.

Widder v. Louisiana Citizens Property Insurance Corp.

2011 La.App. 4 Cir. 0196 · Louisiana Court of Appeal · Aug 10, 2011

Widder raises two assignments of error on appeal; 1) the district court erred by finding that the lead-based paint which originated in part from outside the property did not qualify as “direct physical loss” to trigger coverage … This policy is characterized as an “all risk” policy, one where all risks are covered unless clearly and specifically excluded. See Morgan v. Auto Club Family Ins.

Roby v. BD. OF TRUSTEES OF EMPLOYEES'RETIREMENT SYS. OF NEW ORLEANS

650 So. 2d 811 · Louisiana Court of Appeal · Jan 31, 1995

The plaintiffs' argument is very general and the record contains no testimony or evidence that clearly shows there is no rational basis for the distinction. … One conceivable state interest is to make the elected position attractive to qualified persons who might otherwise opt for private employment. Cf. Clark v.

Shanklin v. Dow Chemical Co.

494 F. Supp. 351 · District Court, M.D. Louisiana · Jul 30, 1980

Under McDonnell Douglas, the complainant in a Title VII suit must carry the initial burden of establishing a prima facie case of racial discrimination. … A careful review of the entire record in this case clearly shows that the plaintiff has failed to make a prima facie or other showing of racial discrimination on the part of the defendant Dow.

Smith v. Lafarge North America, L.L.C.

2012 La.App. 1 Cir. 0337 · Louisiana Court of Appeal · Nov 2, 2012

For an appellate court to reverse a WCJ’s factual finding, it must find from the record that a reasonable factual basis does not exist for the finding of the WCJ and that the record establishes that the finding is clearly … Although the physicians were qualified to give an opinion as to the nature and treatment of Smith’s injury, the WCJ had the discretion to evaluate all of the testimony and to determine which physician’s opinion was most credible

Mathews v. Employers Mutual Fire Insurance

180 So. 2d 38 · Louisiana Court of Appeal · Oct 28, 1965

To the contrary, Sutton was clearly guilty of negligence, particularly in failure to observe and heed the left turn signal timely given by the driver of a preceding car; in turning out of a line of traffic in an attempt to … Mathews, an able, qualified, experienced, Registered Nurse, sustained serious and painful injuries in the cervical and lumbo-sacral areas.