Case law

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.

City of Alexandria v. Lafayette Surgical Hospital, L.L.C.

6 La.App. 3 Cir. 1346 · Louisiana Court of Appeal · Mar 7, 2007

Were this a claim by Officer Tigner against the defendant health care providers, it would clearly be subject to the medical review panel requirements of La. R.S. 40:1299.47, which provides in pertinent part: |SA. … Additionally, La.R.S. 40:1299.39(A)(5) defines “representative” extensively, but in such a manner that the City would not qualify.

Angelo Iafrate Construction, L.L.C. v. State ex rel. Department of Transportation & Development

2003 La.App. 1 Cir. 0892 · Louisiana Court of Appeal · May 14, 2004

There was no intent on the part of the legislature to qualify, in any way, the right of access. … Clearly, under established Louisiana jurisprudence, private employees’ names and addresses in the custody of a public agency are not afforded constitutional protection when disclosure is sought under the Act.

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.

Forrest v. Hunter

213 La. 693 · Supreme Court of Louisiana · Apr 26, 1948

If it could be said that such judgment on its face recognizes Forrest as the owner of the Hawkins tract, to that extent clearly it is ineffective. … But the judgment, in our opinion, recognizes Forrest as the owner only of that part of the described tract to which he holds a deed, for his recognition as owner is qualified by the clause” * * * as contemplated under his

Hadrick v. Diaz

302 So. 2d 345 · Louisiana Court of Appeal · Oct 14, 1974

The record does not clearly explain just how steam is employed. … As noted previously, Diaz was given on the job training which qualified him to fill and hold the position through two grinding seasons without incident.

McKeithen v. SS 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.

State v. Holmes

462 So. 2d 286 · Louisiana Court of Appeal · Apr 12, 1985

One is the test established in Blockburger v. … Furthermore, the gravamen of the crime of aggravated battery is clearly not essentially included within the offense of simple arson.

State v. Bibb

626 So. 2d 913 · Louisiana Court of Appeal · Nov 10, 1993

A preponderance of the evidence properly introduced at trial clearly established that the defendant was legally insane at the time of the offense. 12. … Specifically, he argues that a preponderance of the evidence clearly established that he was legally insane at the time of the offenses.

STATE THROUGH DEPT. OF HIGHWAYS v. LeBlanc

388 So. 2d 412 · Louisiana Court of Appeal · Jul 7, 1980

The Court recognizes the fact that it cannot substitute its opinion for that of the experts under review, but the jurisprudence has established the right of the trial court to determine severance damages in an amount to which … The opinions of qualified experts should be given weight and effect where they are well grounded in sincerity and logic. State, through Department of Highways v. Ragusa, 234 La. 51 , 99 So.2d 20 (1958).

City of New Orleans v. Board of Directors of Louisiana State Museum

97 La.App. 4 Cir. 1574 · Louisiana Court of Appeal · Mar 11, 1998

Also, the court concludes that the CNO home rule charter includes the power of immunity. … Therefore, the court concluded that the CNO’s powers of initiation and immunity do not necessarily abridge the police power of the state.

Belle Pass Terminal, Inc. v. Jolin, Inc.

634 So. 2d 466 · Louisiana Court of Appeal · Mar 11, 1994

finding is clearly wrong. … Assuming that these factual allegations are true and could be established at trial, the law clearly affords a remedy.

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.

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.

Terry and Shannon Jeansonne v. New Horizon Kids Quest, Inc.

Louisiana Court of Appeal · Mar 24, 2004

While there is some support for a waiver of immunity by the Tribe in the Tribal-State Compact, that support is too ambiguous. A waiver of immunity must be clearly expressed and unequivocal. Kiowa Tribe of Oklahoma v. … Rather than remand for a full hearing to establish the relationship of the parties, I would reverse and render judgment.

Bernstine v. Textron, Inc.

546 So. 2d 614 · Louisiana Court of Appeal · Jun 28, 1989

Homelite clearly did not install a chain brake on this saw; this is not a situation where a third party may have removed a safety device. … The plaintiffs expert was eminently qualified in the fields of safety and design engineering. However, his expertise on chain saws is academic.

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

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

Gordon v. Southern United Fire Ins. Co.

95 La.App. 4 Cir. 2388 · Louisiana Court of Appeal · Aug 21, 1996

Gordon clearly and unambiguously rejected UM coverage and the UM rejection form was valid. … Gordon's finances, we do not know if he could have qualified for financing if an additional amount for a UM premium had been added to the $700.00 total.

Serou v. Touro Infirmary

2012 La.App. 4 Cir. 0089 · Louisiana Court of Appeal · Jan 9, 2013

The testimony of SHONO nursing supervisor, Sethany Johnson, clearly established that at the time of Mr. … Our review of the testimony reveals that Sethany Johnson, a qualified expert in nursing, testified regarding the general conditions to which Mr.