Case law

Bistes v. Asplundh Tree Expert Co.

499 So. 2d 402 · Louisiana Court of Appeal · Nov 14, 1986

Any of the above options would result in a significant decrease in the number of weeks in which plaintiff would qualify for benefits. … The court did not require that a percentage of disability be shown in order for plaintiff to qualify for the maximum benefit.

Hays v. Christus Schumpert Northern Louisiana

72 So. 3d 955 · Louisiana Court of Appeal · Sep 21, 2011

that the fact finder is clearly wrong or manifestly erroneous. … Barfield also objected on the ground that the nursing expert was not qualified to testify about a policy for physicians. The trial court did not rule on the merit of this objection. 8 . Counsel for Dr.

Succession of Shepard

156 So. 2d 287 · Louisiana Court of Appeal · Jul 1, 1963

In due course the will was probated and the then United States Attorney for the Eastern District of Louisiana qualified and was recognized as testamentary executor; the National Institutes of Health, United States Public … As the executor does not contend that Article 433 is applicable, and clearly it is not, for the reason that neither the United States Government nor the National Institutes of Health, United States Public Health Service,

Highland Clinic, A Professional Medical Corporation v. Manish Dhawan, M.D.

Louisiana Court of Appeal · Sep 27, 2023

Dhawan qualified for any funding beyond what was provided in Phase I. Dr. Dhawan testified that he was busy in the last few months of his employment with Highland in 2019. … To reverse the trial court’s determinations, the appellate court must find that a reasonable factual basis does not exist for the finding of the trial court and that the record establishes that the finding is clearly wrong

Opinion Number

Louisiana Attorney General Reports · Apr 17, 2000

Hunt: I am in receipt of your request for an Attorney General's opinion concerning the establishment of a policy by the Louisiana Board of Elementary and Secondary Education (BESE) and each local educational agency (LEA) … Director, Missouri Department of Health, 110 S.Ct. 2841 (1990), the Supreme Court held that while there was no absolute right to refuse such care, a competent individual would clearly have a constitutionally protected "liberty

State ex rel. Pontchartrain Railroad v. Judge of the Seventh District Court

22 La. Ann. 565 · Supreme Court of Louisiana · Nov 15, 1870

“‘The General Assembly may establish as many district courts as the public interest may require.’ … In order to establish a court in furtherance of public interest, the law must vest it with jurisdiction over subject matters of suit.

Saad v. United States Department of Agriculture

District Court, E.D. Louisiana · Jan 28, 2025

More specifically, it determined that the store did not qualify for the less punitive CMP because it failed to submit any evidence “to demonstrate that the firm had established and implemented an effective compliance policy … The Court’s decision is further bolstered by the fact that the Plaintiffs’ complaint does not even allege any facts to establish that they would have qualified for a CMP. See Hallak v.

Celeste Sugar Co. v. Dunbar-Dukate Co.

160 La. 694 · Supreme Court of Louisiana · Feb 1, 1926

No ratification is therefore established up to that date. … Though placed among its assets, plaintiff may never have known the source of the $278.93, or of the qualifying notation on the check — unless it did, the conclusion of ratification does not follow.

Redding v. Wilson & Co.

6 La. App. 27 · Louisiana Court of Appeal · Mar 28, 1927

Gravel Logging Co., 152 La. 993 , 95 So. 99 ; that the right to control and supervise the work of the injured person establishes the difference between a servant and an independent contractor. … National Packing Co., 141 La. 903 , 75 So. 837 , enunciated a rule clearly applicable to this case.

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

Nigreville v. Federated Rural Elec. Ins. Co.

93 La.App. 3 Cir. 1202 · Louisiana Court of Appeal · Jul 13, 1994

It was established at trial that he could not see the power line from where he stood when he launched the chain. … We cannot say that the award of $250,000.00 to each child was clearly abusive in light of the evidence before us.

State ex rel. J.B. v. J.B.

811 So. 2d 179 · Louisiana Court of Appeal · Feb 27, 2002

Such language is clearly permissive rather than mandatory. La. … However, we have previously concluded that the present proceedings qualified as a permanency hearing which is governed by Chapter 16 of the Children’s Code.

State v. Young

552 So. 2d 669 · Louisiana Court of Appeal · Nov 1, 1989

The response to the motion for discovery clearly stated, "THE STATE WILL USE ALL MATTERS HEREIN DISCLOSED" and included copies of the certified lab reports as attachments. … We do not believe that tendering a lab report to a witness to enable him to refresh his memory qualifies as a leading question.

State v. Addison

920 So. 2d 884 · Louisiana Court of Appeal · Dec 27, 2005

"The trial court's decision to deny a motion to suppress is afforded great weight and will not be set aside unless the preponderance of the evidence clearly favors suppression." State v. … Benton was *898 qualified to testify regarding delayed disclosure. Id. at 847.

Babcock v. New Orleans Baptist Theological Seminary

554 So. 2d 90 · Louisiana Court of Appeal · Nov 16, 1989

If the case does not warrant further action the continuity report will clearly state that no disciplinary action was taken. The student has the right to read the continuity report in its entirety. d. … Clearly, the Seminary was trying to dismiss Babcock from the school, not from the ministry, for it has no power to do the latter.

Pamela Fisher v. the Blood Center and Abc Insurance Company

Louisiana Court of Appeal · Feb 12, 2020

Fisher further alleged that she timely requested a MRP and was “notified by letter dated January 4, 2018, from the Division of Administration, that [The Blood Center] w[as] not qualified under the provisions of Louisiana … When evidence is introduce at the hearing on an exception of prescription, the district court’s findings of fact are reviewed subject to the manifest error- clearly wrong standard of review.

State ex rel. Gallagher v. State

462 So. 2d 1221 · Supreme Court of Louisiana · Jan 14, 1985

It is clearly not the type of maintenance and upkeep work which is excluded from La. R.S. 15:571.10(A). … This plumbing work cannot be construed as a public works project and therefore it does not qualify for mandatory credit under La.R.S. 15:571.10(A).

State v. Porter

344 So. 2d 1031 · Supreme Court of Louisiana · Apr 11, 1977

Clearly the items were introduced by the state to tie defendants Lawrence and Dorothy Porter to the house so as to establish that they were guilty of constructive possession of the heroin found in the two burnt caps on the … Officer Ben was qualified as an expert in the field of narcotics and was authorized by the trial judge to give his opinion relative to the identification of marks on the skin caused by the use of narcotics.

State v. Mills

2013 La.App. 1 Cir. 0573 · Louisiana Court of Appeal · Aug 27, 2014

The jury clearly rejected the defendant’s testimony, which was the only evidence that could have possibly supported his claimed defense of justification. … Here, the evidence established that instead of submitting and reporting to the authorities, the defendant fled.

Rapp v. City of New Orleans

750 So. 2d 1130 · Louisiana Court of Appeal · Dec 29, 1999

He testified that he is qualified to work in this capacity, but the position does not pay 90% of his pre-injury wages. Mr. … Thus, the Claimants did not adequately establish a foundation for the award of attorney fees.