Case law

Wiley v. Wiley

10 La.App. 3 Cir. 1306 · Louisiana Court of Appeal · Mar 9, 2011

Has the Lower Court manifestly erred in drawing upon its speculation as to present and future health, earning capacity, and financial means of Gail herein after expert medical testimony established otherwise? 3. … While based upon [Gail’s] age and back problems, she cannot be expected to work an eight hour day, five days a week, her education and intelligence qualifies her for at least part-time employment.

State v. Wells

14 La.App. 4 Cir. 0612 · Louisiana Court of Appeal · Sep 14, 2016

He was a convicted felon, and the record did not definitively establish that he had either a valid first-offender pardon or a governor’s pardon. Therefore, he was not qualified to serve as a juror under La. … C.Cr.P. art. 921 in order to establish reversible error.

TWENTY-FIRST JUD. DIST. COURT v. State

563 So. 2d 1185 · Louisiana Court of Appeal · May 30, 1990

Unless the fundamental rights, privileges and immunities of a person are involved, there is a strong presumption that the Legislature in adopting a statute has acted within its constitutional powers.... … The trial court's factual ruling was correct (not manifestly erroneous or clearly wrong). This assignment of error is without merit.

State v. Hammond Packing Co.

110 La. 180 · Supreme Court of Louisiana · Mar 2, 1903

“But though it is thus clearly settled that statutes may be repealed by implication, and without express words, still the leaning of the courts is against the doctrine, if it be possible to reconcile the two acts of the Legislature … to the home companies, to the extent that the law conflicted with the constitutional provision of the United States government, which provides that “the citizens of each state shall be entitled to all the privileges and immunities

McMillan v. City of Monroe

108 So. 3d 869 · Louisiana Court of Appeal · Jan 16, 2013

Given that they did not have heart problems until their 80s, McMillan did not believe that his parents’ fatal heart attacks qualify as a risk factor. … a finding that is clearly wrong.

Exxon Pipeline Co. v. LeBlanc

763 So. 2d 128 · Louisiana Court of Appeal · Jun 23, 2000

We find no error in the trial court's conclusion that Russell was qualified to testify on the value of the expropriated property as an expert real estate appraiser. 3. … Mounger, 447 So.2d 1104, 1109-10 (La.App. 1st Cir.1984) (establishing that value is determined after a conclusion of the highest and best use of property).

Smith v. Juneau

692 So. 2d 1365 · Louisiana Court of Appeal · Apr 9, 1997

The evidence clearly establishes the nurses never inspected plaintiff's skin under the sling. … They clearly are relevant to the issue of damages.

Brody v. Louisiana State Racing Commission

470 So. 2d 894 · Louisiana Court of Appeal · Apr 26, 1985

Horses shipping in from other states, that intend to race in Louisiana, in order to qualify under this rule as known bleeders, must have filed in its behalf a statement to this effect from either the state veterinarian or … Clearly these facts present a violation of the Rules of Racing, Rule 11-6:54.1 and the Commission correctly so concluded.

Benton Casing Service, Inc. v. Avemco Ins. Co.

379 So. 2d 225 · Supreme Court of Louisiana · Jun 25, 1979

The definition of insured for Coverage A relates to Item 7, but does not exclude coverage to a qualified certified pilot who flies the aircraft with the permission of the named insured. … Coverage in these circumstances is clearly provided in Coverage C of the policy. The aircraft is insured against loss or damage while in flight.

McNamara v. Electrode Corp.

418 So. 2d 652 · Louisiana Court of Appeal · May 25, 1982

Electrode has no office or established place of business in the State of Louisiana. … An exemption from taxation is a privilege which must be clearly and unequivocally established. Meyers v. Flournoy, 209 La. 812 , 25 So.2d 601, 603 (1946); Mattingly v.

Glass v. Magnolia School, Inc.

815 So. 2d 143 · Louisiana Court of Appeal · Mar 13, 2002

Charles Bower, testifying on behalf of the plaintiff's, was qualified as an expert in the area of life guarding and water safety. He reviewed photos of Wayne and of the Magnolia pool; he also reviewed Ms. … a judgment and/or civil jury verdict, instructing us that before a fact-finder's verdict may be reversed, we must find from the record that a reasonable factual basis does not exist for the verdict, and that the record establishes

Jackson v. Coxe

208 La. 715 · Supreme Court of Louisiana · Jun 29, 1945

Article 249 provided: “There shall be elected by the qualified electors of the State .a Superintendent of Public Education, who shall hold his office for the term of four years, and until his successor is qualified. … Considering the multitudinous duties assigned to him by the statute, clearly he is not a figurehead.

Wilson v. Ebasco Services, Inc.

393 So. 2d 1248 · Supreme Court of Louisiana · Jan 26, 1981

Total Disability The record clearly establishes the validity of plaintiff's claim for total disability. At trial, the depositions of four doctors were introduced into evidence. … Depending upon her ability to cope with pain, then, plaintiff may not necessarily qualify as an odd-lot worker. However, the judgment should not be based upon speculation.

Succession of James Conway Liner, III

Louisiana Court of Appeal · Nov 20, 2019

He shall continue in office until an administrator or executor has been qualified, or until the heirs or legatees have been sent into possession. … The record supports the trial court’s ruling, inasmuch as the appellants neither applied for the position nor established a valid basis for the appellee’s removal as provisional administrator.

Williams v. McKeithen

121 F. Supp. 2d 943 · District Court, M.D. Louisiana · Oct 3, 2000

Counseling may be provided by qualified staff with appropriate background and training. 114. … and whose performance meets standards that LSU will establish and apply to all persons working in this program. c) The contract will clearly delineate areas of authority and responsibility for the DOC and LSU. d) LSU personnel

Barrett & Barrett, Cpas, Apc and Robert C. Barrett, Jr., Cpa v. the State Board of Certified Public Accountants of Louisiana, Darla M. Saux, Cpa, Michael A. Tham, Cpa, Michael Bergeron, Cpa, Michael B. Bruno, Cpa, Mark P. Harris, Cpa, Desiree W. Honore, Cpa, Letti Lowe-Ardoin, Cpa and Lisa Benefield, Compliance Investigator

Louisiana Court of Appeal · Nov 27, 2019

Given that the Board had immunity from personal liability, the trial court granted the Defendants’ exception of no cause of action and dismissed the individual claims against the Board members. … (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5)Arbitrary or capricious or characterized by abuse of discretion or clearly

Dufrene v. St. Charles Parish Police Jury

371 So. 2d 378 · Louisiana Court of Appeal · May 4, 1979

The law relative to working in pain is so well established that comment is unwarranted." … Dufrene was employed at an hourly rate of $4.50 for 8 hours per day, 5 days per week, or $180 per week, and so qualifies for the maximum amount of $85.00 per week. He was paid $1020 in compensation, or 12 weeks.

Mitchell v. Clark Equipment Co.

561 So. 2d 175 · Louisiana Court of Appeal · Apr 11, 1990

ESCO, 549 So.2d 840 (La.1989), clarified the "manifestly erroneous—clearly wrong" standard, as follows, at 844: ... … Mitchell argues further that a plaintiff should not be denied damages for future medical expenses because of the difficulty in establishing their nature and extent, and that medical costs have continued to rise.

Webb v. Webb

238 So. 3d 566 · Louisiana Court of Appeal · Jan 24, 2018

Webb would occupy the home, and clearly agreed to defer the issue of rental reimbursement to trial. … DeRouen testified that he has testified in "hundreds" of divorce cases and has qualified as an expert in all five Louisiana appellate jurisdictions. Mr.

Blount v. Exxon Corp.

395 So. 2d 355 · Louisiana Court of Appeal · Jan 26, 1981

Blount, and therefore immune under Louisiana's workmen's compensation laws from suit in tort. The trial court sustained Exxon's motion for summary judgment and ruled that Exxon was the plaintiff's statutory employer. … The court mentioned the "well established ... general rule" that routine repairs and maintenance, as compared to new or additional construction, are part of the regular business of a manufacturing plant.