Case law

Street v. May

803 So. 2d 312 · Louisiana Court of Appeal · Dec 5, 2001

It is well-settled that a court of appeal may not set aside a trial court's finding of fact in custody disputes in the absence of manifest error or unless it is clearly wrong. Evans v. … She therefore qualified, as well as the Streets, as a person with whom the child lived in a wholesome and stable environment during large portions of his life. The trial court accepted Dr.

Garred Whotte v. International Paper Company

Louisiana Court of Appeal · Oct 21, 2015

tort immunity as a statutory employer has none of the required hallmarks justifying immunity. … The trial court correctly determined the presumption contained in La.R.S. 1061(A)(3) was applicable, and IPCO qualified as Mr.

Smason v. Celtic Life Ins. Co.

615 So. 2d 1079 · Louisiana Court of Appeal · Mar 11, 1993

POLICY CONSIDERATIONS: Clearly, this holding is not intended to immunize insurance brokers from liability for every act which affects the insurer. … Although the result of this case is correct, in my opinion, the majority reasoning *1090 is too restrictive and ignores well established law.

Salvador J. Randazzo, Individually and as of the Succession of Lawrence J. Randazzo and Succession of Josephine L. Ranndazzo and Lorene A. Randazzo v. Petrina Ruiz Imbraguglio

Louisiana Court of Appeal · May 25, 2022

That broad standard is, of course, based upon a conclusion that the trial court committed no error of law and was not manifestly erroneous or clearly wrong in making a factual finding that was necessary … Beck to supplement the record post-meeting with the judgment of possession to establish Cheryl Randazzo as a named shareholder.

Cox v. Cardinal Drilling Company

188 So. 2d 667 · Louisiana Court of Appeal · Jun 30, 1966

The first assignment of error is found without merit as substantial performance is clearly indicated. … Clearly shut-in royalties were tendered timely and accepted or refused as in the manner above stated.

State v. Bolden

519 So. 2d 362 · Louisiana Court of Appeal · Jan 20, 1988

Further support that the defendant is the child's father was provided by the scientific evidence of the blood tests, the results of which established that paternity was "extremely likely." … According to LSA-R.S. 9:397, an expert is one qualified as an examiner of blood samples for inherited characteristics.

Coppage v. Gamble

324 So. 2d 21 · Louisiana Court of Appeal · Feb 11, 1976

to the operation has not been established. … Gamble committed malpractice in either recommending or performing the surgical treatment or to establish any negligence on the part of Fairfield Hospital.

George v. Honeywell International, Inc.

328 F. Supp. 2d 627 · District Court, M.D. Louisiana · Aug 6, 2004

White believed that Sorrell, who is an African-American, was the most qualified and appropriate candidate for the position. 5 Following Sorrell’s selection in 2001, plaintiff began to complain to several of his Honeywell … There was no evidence of discrimination and Honeywell has clearly established a non-discriminatory reason why the panel did not select the plaintiff.

Varnado v. Roadway Exp.

557 So. 2d 413 · Louisiana Court of Appeal · Jan 30, 1990

Clearly, Roadway's duties and obligations in regards to its employees is set out in this agreement. … Clearly, defendant National Medical Services, Inc. has not maintained any sufficient continuous business contacts to establish an intent to purposefully avail itself of the benefits of doing business in Louisiana.

Stewart v. Cooley

District Court, W.D. Louisiana · Dec 29, 2022

Plaintiff, through counsel, characterizes and cites law regarding Defendant’s defense of sovereign immunity as qualified immunity. … Louisiana Administrative Code title 22, Pt. 1, § 325(G)(1) establishes a 90-day deadline for filing a grievance following an incident.

Locklear v. Visko's, Inc.

532 So. 2d 937 · Louisiana Court of Appeal · Oct 12, 1988

The policy language clearly expresses that it is an ERISA plan. … Clearly, absent the insurance savings clause, Locklear’s case would be pre-empt-ed by ERISA.

Brown v. Deal's Carpet Care

867 So. 2d 762 · Louisiana Court of Appeal · Nov 7, 2003

Brown’s testimony regarding the development of symptoms following the accident was unrebutted and was clearly accepted as credible by the workers’ compensation judge. … Saloom qualified his statements, as follows: I cannot tell you if the pump sprayer caused it or not.

Pamela Fisher v. the Blood Center and Abc Insurance Company

Louisiana Court of Appeal · Feb 10, 2021

“When prescription is raised by peremptory exception, with evidence being introduced at the hearing on the exception, the trial court’s findings of fact on the issue of prescription are subject to the manifest error-clearly … Once notified that “The New Orleans Blood Bank” was not a qualified healthcare provider under the Medical Malpractice Act, Ms.

Joiner v. Louisiana Department of Labor Employment

525 So. 2d 608 · Louisiana Court of Appeal · May 11, 1988

In consideration of the record and the findings of the other levels of review before this court, we find the claimant has failed to establish that the wages paid to him were an exception to the rule under LSA-R.S. 23:1472 … Consequently, plaintiff fails to meet the requirements under LSA-R.S. 23:1600(5) providing the calculation of the minimum amount of quarterly earnings needed to qualify for benefits.

Murrill v. Edwards

613 So. 2d 185 · Louisiana Court of Appeal · Dec 21, 1992

In order for the plaintiffs to obtain a writ of mandamus, they must establish that the performance sought is a ministerial duty. … By the rule established in Hickey , Governor Edwards, clearly, was under no obligation to do so.

Brandon M. Rowe v. 4-Aces Property Management LLC

Louisiana Court of Appeal · Nov 19, 2025

Robert Williams, a residential real estate appraiser, was qualified as an expert and the first witness to take the stand at trial. Williams testified that he viewed the property in person. … A contract is formed by the consent of the parties established through offer and acceptance. La. C.C. art. 1927.

Royal Oldsmobile Co. v. Heisler Properties, L.L.C.

12 La.App. 5 Cir. 608 · Louisiana Court of Appeal · May 16, 2013

land from its owners. 1 This lease, in addition to giving Royal the right to use the leased-land, gave Royal a right of first refusal allowing Royal to buy the leased-land should its owners, the lessors, ever receive a qualifying … that the finding is not clearly wrong (manifestly erroneous).

Adams v. Fazzio Real Estate Co.

268 F. Supp. 630 · District Court, E.D. Louisiana · May 9, 1967

The statutory language leads clearly to this result. Congressional committee reports confirm it. … They demonstrate whether the statutory language was inadvertent or clearly directed to the intended purpose. Honorable Robert W.

Howard Trucking Co., Inc. v. Stassi

474 So. 2d 955 · Louisiana Court of Appeal · Jun 3, 1985

Howard Trucking alleges it assumed the property was adjudicated to be in its ownership and therefore there was no statutory requirement for a judicial sale of the property in order to qualify for a deficiency judgment, which … Clearly, it was not an issue in the bankruptcy proceeding; therefore, there is no judgment binding on this matter.

Douglas v. Gusman

567 F. Supp. 2d 877 · District Court, E.D. Louisiana · Jun 9, 2008

Douglas clearly has no constitutionally protected right to unlimited TTY access or a closed-captioned television while in jail. … In the instant action, plaintiff has failed to establish either of these two criteria. B.