Case law

Warehouse Cafe Properties, L.L.C. v. the Ernest N. Morial Convention Center

Louisiana Court of Appeal · Sep 3, 2024

The 1 Authority responded to three out of five qualified respondents. … that the finding is clearly wrong or manifestly erroneous.”

Petre v. State Ex Rel. DOTD

817 So. 2d 1107 · Supreme Court of Louisiana · Apr 3, 2002

all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity … The record evidence clearly establishes that the accident was caused solely by driver error. Moreover, the majority adds insult to injury in affirming the lower courts' finding that DOTD was 50% at fault. Ms.

Wise v. JE Merit Constructors, Inc.

707 So. 2d 1214 · Supreme Court of Louisiana · Jan 21, 1998

R.S. 23:1208.1, changing the statute's clearly articulated employee's duty to disclose into the employer's duty to discover. … Here, the employee in question clearly failed to answer truthfully by failing to answer as to "arthritis."

State v. Watley

301 So. 2d 332 · Supreme Court of Louisiana · Oct 11, 1974

The psychiatrist was qualified as an expert in the field of psychiatry without objection. La.R.S. 15:466. … This was to establish the facts on which the medical opinion was based. La.R.S. 15:465.

Moorehouse v. Gallow

156 So. 2d 62 · Louisiana Court of Appeal · Jul 1, 1963

Alvin Doyle, Jr., who gave his occupation as an automobile consultant and accident analyst and who one of the plaintiffs attempted to have qualified as an expert witness, which was denied *65 by the Trial Judge. … It is the opinion of this Court that this case clearly comes within the principles set forth in Guidry v.

Widow & Heirs of Brigot v. Brigot

47 La. Ann. 1304 · Supreme Court of Louisiana · Jun 17, 1895

His widow was appointed administratrix of the succession in France, but never qualified in Louisiana. Mrs. D. F. … Voidable judgments are binding until reversed by some direct proceeding. “ This principle is not merely an arbitrary rule of law established by the courts, but it is a doctrine which is founded upon reason a,nd the soundest

Shaw v. Caddo Parish School Bd.

347 So. 2d 39 · Louisiana Court of Appeal · May 23, 1977

Jefferson Parish School Board, 206 La. 317 , 19 So.2d 153, 167-8 (1943), the Supreme Court said: "There is nothing more firmly established in law than the principle that, within the limits of their authority, the power and … The School Board cannot arbitrarily or unreasonably deny a sabbatical leave to a teacher who qualifies under the statute, nor arbitrarily or unreasonably terminate a leave previously granted.

Gulf Wide Towing, Inc. v. Associated Ins. Mgrs.

563 So. 2d 432 · Louisiana Court of Appeal · May 30, 1990

The evidence presented clearly supports the trial court's finding of no agency relationship between ACU/AIM and ISL. … Plaintiff further claims that the trial court erred in relying on the testimony of Cynthia Traynor in establishing the materiality of the false answer.

Batiste v. Dunn

2010 La.App. 1 Cir. 1812 · Louisiana Court of Appeal · Jun 10, 2011

Although Louisiana’s public policy strongly favors UM coverage and a liberal construction of |sthe UM statute, it is well-settled that a person who does not qualify as a liability insured under a policy of insurance is not … Thus, the argument that someone is insured for UM coverage simply because they occupy an insured vehicle and sustained injury due to an uninsured motorist is clearly contrary to well-established law.

King v. Grand Cove Nursing Home

93 La.App. 3 Cir. 779 · Louisiana Court of Appeal · Mar 9, 1994

No qualified person of *352 the employer's properly went over the application and the questions of past medical history with the employee. … Additionally, the interpretation of the statute had not been clearly established in the appellate courts. For these same reasons, we also deny attorney's fees for this appeal.

State of Louisiana v. Trae Williams

Louisiana Court of Appeal · Sep 25, 2019

Thus, we will only tread on a jury's presumed acceptance of a witness's testimony when that testimony is implausible or clearly contrary to the evidence. … “In determining whether a statement qualifies as a present sense impression exception to the hearsay rule, the critical factor is whether the statement was made while the declarant was perceiving the event or immediately

Breaux v. Travelers Ins. Co.

526 So. 2d 284 · Louisiana Court of Appeal · May 11, 1988

In that respect, we disagree with the trial court and find that its determination of temporary total disability was clearly wrong." … Further, the disability rating (15% of the left lower extremity) does not qualify Breaux for permanent partial benefits under La.R.S. 23:1221(4).

Fryar v. Guste

371 So. 2d 742 · Supreme Court of Louisiana · May 21, 1979

the Court of Appeal decision reversing the trial court's dismissal of this suit and holding that certain of the files in the Attorney General's office are public records subject to examination by the plaintiff, a person qualified … The Court of Appeal was clearly correct in ruling that the interviews with the eleven persons conducted prior to adjournment of the Grand Jury were a part of the Grand Jury investigation and all matters connected therewith

State v. James

431 So. 2d 399 · Supreme Court of Louisiana · May 18, 1983

Nevertheless, the defendant seeks a reversal arguing that the "death qualified" jury was in some way prejudiced against him. … With further questioning, defense counsel attempted to establish the point in time at which Price had entered into the plea agreement.

Estate of Deobald v. United States

444 F. Supp. 374 · District Court, E.D. Louisiana · Dec 28, 1977

Frances Deobald, was duly qualified as executrix of his estate. A federal estate tax return was duly filed and the estate taxes paid. … decedent the contributions made by the employer to the qualified retirement fund.

Louisiana Irrigation and Mill Company v. Pousson

262 La. 973 · Supreme Court of Louisiana · Sep 7, 1972

This factual conclusion by the Court of Appeal gave plaintiff “every benefit of the doubt.” 5 The 1967 and 1968 usurpation of the lateral canal by defendant clearly resulted in a loss of possession by plaintiff. … Yiannopoulos, Predial Servitudes, 29 La.L.R. 1, 38. 3 It is because of these questions, posed principally by the defendant, but not essen *987 tial to our decision, that we qualify our opinion. .

Alexander v. Fulco

895 So. 2d 668 · Louisiana Court of Appeal · Feb 25, 2005

Thus, plaintiffs had the burden of establishing a suspension or interruption of the prescriptive period. … Based upon our review of the record, the trial court was not clearly wrong in sustaining the exceptions of prescription.

Fussell v. LA. BUSINESS COLLEGE OF MONROE

519 So. 2d 384 · Louisiana Court of Appeal · Jan 20, 1988

It was established that plaintiff, on one occasion, briefly allowed a tape recorder to play in a classroom. … We must conclude that the trial court's finding that plaintiff's suspension was justified is clearly wrong.

Rachal v. Peters

680 So. 2d 1280 · Louisiana Court of Appeal · Sep 25, 1996

Any "interested person" may apply to be appointed as curator, and the court "shall appoint the applicant best qualified, personally, and by training and experience, to serve as curator." C.C.P. arts. 4549, 4550. … Complaints are investigated by the Department of Health and Human Resources and, if made in good faith, render the complainant immune from civil liability that may be asserted as a result of the complaint. §§ 2009.13(E),

State v. Henry

2011 La.App. 4 Cir. 1137 · Louisiana Court of Appeal · Oct 24, 2012

Henry failed to establish prejudice based on either the remoteness in time or his youth at the time of the prior offense. … The prior and instant offenses were clearly distinct. Mr. Henry concedes that the State’s case against him was very strong, including DNA evidence establishing he is the father of R.C.’s child.