Case law

Moossy v. Huckabay Hospital, Inc.

283 So. 2d 699 · Supreme Court of Louisiana · Sep 24, 1973

Huckabay's letters establish that he was aware of the additional costs which would be incurred by the changes; Moossy's correspondence establishes that he communicated the increasing project cost as the plans were changed … Huckabay's testimony is very qualified when he speaks of a $350,000 fixed limit.

Leinweber v. Chevron Chemical Co. Oronite Additives Division

427 So. 2d 887 · Louisiana Court of Appeal · Jan 10, 1983

The reasons for judgment clearly set forth the trial judge’s conclusion that plaintiff-appellee established by a legal certainty that he suffered an accident on January 80, 1981, during his employment and that his present … It is well established that an employee’s testimony alone is sufficient to establish the occurrence of an accident if it is found that such testimony is plausible, consistent and supported by corroborating evidence, Gurry

Millen v. STATE DEP. OF PUB. SAF. AND CORR.

978 So. 2d 957 · Louisiana Court of Appeal · Dec 21, 2007

The form indicates that the arresting officer is to appear before a "notary or other person qualified to give oath" when providing his sworn statement. Trooper Bergeron's affidavit states that he appeared before Sgt. … We find the arresting affidavit sets forth sufficient facts establishing that Trooper Bergeron had reasonable grounds to believe that Mr.

Desselle v. State of Louisiana, Department of Transportation & Development

District Court, M.D. Louisiana · Jun 14, 2021

Plaintiff asserts that he was clearly better qualified than Roussell. … The use of a selection matrix complicates the “clearly more qualified” inquiry.

Lucas v. Tetra Technologies, Inc.

97 La.App. 4 Cir. 1195 · Louisiana Court of Appeal · Sep 17, 1997

Robison, 266 F.2d 769 (5th Cir.1959) established the test for seaman status under the Jones Act. … In the course of the opinion the court recognized that: ... where undisputed facts reveal that a maritime worker has a clearly inadequate temporal connection to vessels in navigation, the court may take the question from

Breazeale v. B.F. Goodrich Co.

564 F. Supp. 1541 · District Court, E.D. Louisiana · Jun 9, 1983

The Court does give credence to the testimony of Albert Tribuzi, a Goodrich employee of 23 years, who qualified as an expert in mechanical engineering and additionally qualified to give opinion testimony relative to tire … Negligence is conduct which falls *1545 below the standard established by law for the protection of others against unreasonable risk of harm.

State v. Johnson

466 So. 2d 741 · Louisiana Court of Appeal · Mar 12, 1985

Clearly, the only event which prevented Mr. Harris from losing his valuables was Officer Vickers' timely arrival on the scene. … This testimony established intent, the use of force, and the use of a dangerous weapon as to the attempted armed robbery of Mr. Harris.

Jackson v. Moock

2008 La.App. 1 Cir. 1111 · Louisiana Court of Appeal · Dec 23, 2008

the correspondence that was exchanged between counsel because in its oral reasons for judgment, the trial court found that no formal discovery was done in this case and concluded that the informal correspondence did not qualify … Plaintiff does not dispute clearly-established jurisprudence holding that motions to withdraw, enroll, or substitute counsel are not considered formal steps before the court.

Walker v. Marcev

427 So. 2d 678 · Louisiana Court of Appeal · Feb 10, 1983

LaNasa's testimony did not establish with "a reasonable probability" that the trauma of the accident caused plaintiff's impotency. … The record in no way establishes that the court's finding was clearly wrong or manifestly erroneous. See Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).

Ehlinger v. Ehlinger

251 So. 3d 418 · Louisiana Court of Appeal · May 29, 2018

He also maintains that the amended judgment qualifies as an implementation order. … However, the court has also defined the limits on the right to privacy, reasoning that the right to privacy is not absolute; it is qualified by the rights of others.

McKenzie v. Webster Parish School Bd.

653 So. 2d 215 · Louisiana Court of Appeal · Apr 5, 1995

Furthermore, three highly qualified educators provided McKenzie with written recommendations and suggestions for improvement. … The activities for assistance shall be prescribed, the time period established therefor, and a specific date set for reevaluation established.

Louisiana Associated Gen. Contr. v. Calcasieu

586 So. 2d 1354 · Supreme Court of Louisiana · Sep 25, 1991

They clearly are attempting to restrain action by the Calcasieu Parish School Board. … Therefore, the legislature clearly intended to abolish the mandatory requirement of prevailing wage clauses in state public works contracts but clearly did not intend to deprive local public entities of the discretion to

Johnson v. Morehouse General Hospital

27 So. 3d 1085 · Louisiana Court of Appeal · Dec 22, 2009

that the fact finder is clearly wrong or manifestly | (¡erroneous. … (c) He is qualified on the basis of training or experience to offer an expert opinion regarding those accepted standards of care.

Johnson v. City of Pineville

8 La.App. 3 Cir. 1234 · Louisiana Court of Appeal · Apr 8, 2009

This time period is clearly outside of the five-day period provided for in La.R.S. 44:35. … The Louisiana Constitution Article 12, § 13 states, “No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law.”

State v. Celestine

452 So. 2d 676 · Supreme Court of Louisiana · May 14, 1984

In the instant case, the two aggravated rapes, although strikingly similar, were not so unique as to qualify as "signature crimes." … Celestine, 443 So.2d 1091 (La. 1983). [2] Assignments of Error Nos. 2 and 4 do not present reversible error nor do they involve legal issues not governed by clearly established principles of law.

State v. Pitts

4 So. 3d 955 · Louisiana Court of Appeal · Feb 25, 2009

Deputy Sheriff Michael Swallow of the Ouachita Parish Sheriffs Office testified at trial after being qualified as an expert in fingerprint identification. … To the contrary, the State cites applicable law, points to the evidence and asserts that the evidence presented at trial clearly supports Defendant’s convictions. We agree.

Jacob v. Dornier

427 So. 2d 651 · Louisiana Court of Appeal · Feb 7, 1983

examination of these two probate files above referred to (assuming that these two matters are properly before the court) does not reveal where either succession is presently under the administration of duly appointed and qualified … The language of the article clearly places on the party or parties seeking partition of a judicially-opened succession the burden of proving they could be sent into possession at that time, although they need not already

Doe v. University Healthcare Systems, L.L.C.

145 So. 3d 557 · Louisiana Court of Appeal · Jul 9, 2014

In order to qualify for class certification, there are seven general requirements that need to be met. See La. C.C.P. art. 591. … Clearly the court erred in making blanket presumptions regarding the size of the plaintiffs’ claims, as well as their ability to seek individual counsel.

In re Actos (Pioglitazone) Products Liability Litigation

274 F. Supp. 3d 485 · District Court, W.D. Louisiana · Jul 17, 2017

Establishment of MDL 2299 . … The settlement in this MDL clearly qualifies as a “super-mega-fund” recovery and, thus, the opportunities for comparison are relatively few.

Morella v. Board of Commissioners

2004 La.App. 4 Cir. 0312 · Louisiana Court of Appeal · Oct 27, 2004

R.S. 23:1032 provides employers with immunity from tort lawsuits brought by employees for unintentional, job related injuries. The terminal property was leased by the Dock Board to P & 0 Ports under a written lease. … DISCUSSION Lease Provisions The trial court determined that P & O Ports’ duty to furnish a defense to the Dock Board was established in the lease between the Dock Board and P & O Ports.