Case law

Anna Plaisance v. Allstate Insurance Company

Louisiana Court of Appeal · Nov 5, 2008

Under Louisiana jurisprudence, damages for lost wages may be established by any proof which reasonably establishes the claim, including the plaintiff’s own reasonable testimony. … While claims for past lost wages must be established with some degree of certainty, they need not be proven with mathematical certainty, but only by such proof as reasonably establishes the plaintiff’s claim

Lee v. Davis

4 La.App. 5 Cir. 966 · Louisiana Court of Appeal · Feb 15, 2005

In its Reasons For Judgment, the trial court specifically found that: 1) Louisiana jurisprudence establishes that a bicyclist is not an uninsured motorist; 2) The State Farm policy in pertinent part defines an uninsured motor … Lee concludes, “The statute clearly defines a bicycle as a vehicle and, per the holding of Thibodeaux, the conclusion can only be that a bicycle is a vehicle and that the uninsured motorist stature[statute] is applicable.

Cook v. American Gateway Bank

49 So. 3d 23 · Louisiana Court of Appeal · Sep 10, 2010

Malicious prosecution actions have never been favored in our law, and the plaintiff in such an action must clearly establish that the forms of justice have been perverted to the gratification of private malice and the willful … Summary judgment was clearly appropriate as to 121 any malicious prosecution claim as well as the defamation and related claims.

Vaughan v. Dowling

136 So. 2d 843 · Louisiana Court of Appeal · Jan 2, 1962

A switch is located in the rear of the machine which enables the proprietor of the establishment wherein it is located to remove the number of free plays registered on the meter thereof. … Nunn initially asserted that he could convert the “Big Tent” to automatic pay- *848 answered appeal praying that amount of out in about eight hours; however, he was clearly unable to describe the method he would pursue to

Pitts v. Pickens

655 So. 2d 520 · Louisiana Court of Appeal · May 5, 1995

This is true even if grave doubt exists as to a party's ability to establish disputed facts at trial. Equipment, Inc. v. Anderson Petroleum, Inc., 471 So.2d 1068, 1070-71 (La.App. 3rd Cir.1985). … Clearly, in Lindsey v. Colonial Lloyd's Insurance Co., 595 So.2d at 606 , the Louisiana Supreme Court held LSA-R.S. 22:628 to be inapplicable to such rental agreements. Additionally, as noted in Lindsey v.

Lindner v. Stock

7 Teiss. 31 · Louisiana Court of Appeal · Dec 13, 1909

We find the following facts clearly established by the evidence, to-wit: Previous to the execution of the lease to Stock, and before the latter had made any alterations, the Carondelet Street front or wall of the building … In support of this- conclusion there is the positive testimony of plaintiff’s engineer, the person best qualified by his experience to express his views upon the subject, and the only witness who made a critical and expert

Mckeithen v. The S.S. Frosta

441 F. Supp. 1213 · District Court, E.D. Louisiana · Nov 17, 1977

The most that is asserted is that the association had two separate duties: to *1217 ensure further the competence of pilots and thus screen out other qualified applicants and, following their licensing, to take steps to assure … VI The reported decisions have uniformly held pilot associations immune from vicarious liability for the torts of their members. Guy v.

In Re Warner

21 So. 3d 218 · Supreme Court of Louisiana · Apr 17, 2009

While protecting the reputations of ethical attorneys is clearly an important interest, as we interpret the jurisprudence of the Supreme Court, this interest does not qualify as compelling. … Doe court, and in the cited decisions, is clearly an invitation to participants in the proceeding to exercise their free will.

State v. Lanning

134 La. 209 · Supreme Court of Louisiana · Dec 1, 1913

He was president of an insurance company duly organized but not having as yet one-half of its capital stock of 8300,000 paid in, and therefore not yet qualified under the laws of this state to write insurance. … “The bill must show that the grounds thereof were specifically and clearly stated.” Id. vol. 3, p. 411.

Brown v. LHHRA

346 So. 2d 758 · Louisiana Court of Appeal · May 9, 1977

However, it is clearly established that any disciplinary action taken against a classified employee must be based on cause. … Moreover, the appointing authority did not bear the burden of establishing that the appellant's limited absence impaired its operations.

Crawford v. DIAMOND B. CONSTRUCTION, LLC

17 So. 3d 521 · Louisiana Court of Appeal · Sep 11, 2009

that the findings are clearly wrong or manifestly erroneous. … However, this expert qualified his testimony by indicating at one point that it was only "slightly" more likely than not that the riser ring was present before that date.

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.

Donaldson v. Sanders

661 So. 2d 1010 · Louisiana Court of Appeal · Jul 19, 1995

that the finding is clearly wrong (manifestly erroneous). … Stechenberg's and Nurse Smith's opinion that nurses in Louisiana are not qualified to take them. [8] From the record it would appear that Dr.

Swann v. City-Parish

492 So. 2d 1225 · Louisiana Court of Appeal · Apr 28, 1986

Swann is now suffering from are the result of the normal aging process" is clearly or manifestly erroneous. … On the contrary, the record establishes that, although Mrs.

Lewis v. Baton Rouge Oil & Chemical Workers Union

387 So. 2d 1311 · Louisiana Court of Appeal · Jul 7, 1980

A qualified privilege is granted for a publication made in good faith, on a subject matter in which the communicator has an interest or in reference to which he has a duty, and to a person having a corresponding interest … All of this is in addition to the law established by the landmark case of New York Times Co. v.

Benedic v. New Orleans Public Service, Inc.

389 So. 2d 871 · Louisiana Court of Appeal · Oct 9, 1980

Article 1810, itself, establishes no standard to be used in determining a party’s right to a directed verdict. … The standard to be applied by this court on review is “Did the trial judge clearly abuse his much discretion in admitting the witness as an expert?”

State v. Hebert

182 So. 3d 23 · Supreme Court of Louisiana · Oct 2, 2015

Relator also fails to show appellate counsel “ignored issues ... clearly stronger than those presented,” Smith v. … To show “prejudice” as required in order to establish ineffective assistance of counsel, the petitioner must demonstrate that, but for counsels’ unprofessional conduct, the outcome of the trial would have been different.

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.

N.S. v. City of Alexandria

919 F. Supp. 2d 773 · District Court, W.D. Louisiana · Jan 24, 2013

“To prevail on an excessive force claim, a plaintiff must show: (1) injury, (2) which resulted directly and only from a use of force that was clearly excessive, and (8) the excessiveness of which was clearly unreasonable. … Therefore Fairbanks’s actions were reasonable under the circumstances and objectively reasonable under clearly established law, such that we will grant summary judgment on this claim in his favor. (Doc. 76-8).

Abraham v. RICHLAND PARISH HOSP. SERVICE

894 So. 2d 1229 · Louisiana Court of Appeal · Feb 8, 2005

To establish a cause of action for monopoly, the pleadings must state facts sufficient to show that the defendant: (1) possessed monopoly power in a clearly defined economic and geographic market (the relevant market), and … However, he noted that with the exception of some Rayville residents who established relationships with the plaintiffs while they had their Rayville clinic, Rayville residents generally do not seek primary care in Mangham