Case law

Dugas v. Bayou Teche Water Works, Inc.

13 La.App. 3 Cir. 890 · Louisiana Court of Appeal · Feb 12, 2014

On remand, the defendant filed a motion for summary judgment, supplementing the record regarding the question of whether it qualified as an entity offered the prescriptive limit of La.R.S. 9:5624. … Bayou Teche also attached deposition testimony and bills of sale associated with the plaintiffs’ property in an attempt to establish that the plaintiffs failed to file suit within two years of the damages being sustained.

Darcy Driver, Deann Driver and Danielle Driver-Roussel, Individually and On Behalf of Their Parents, Albert Driver, Jr. and Kathie Driver v. Willis Knighton Pierremont Health Center

Louisiana Court of Appeal · Jul 23, 2025

that the fact finder is clearly wrong or manifestly erroneous. … We find that the jury’s verdict is clearly wrong, manifestly erroneous, and must be reversed. The record reflects testimony that established the standard of care owed by the defendants to Mr. Driver.

State v. Carthan

377 So. 2d 308 · Supreme Court of Louisiana · Nov 12, 1979

The procedure was conducted by qualified medical personnel. Marlon K. … Clearly, the question *314 asked of Deputy Pullin called for objectionable hearsay evidence.

Barlow v. Safety National Casualty Corp.

856 F. Supp. 2d 828 · District Court, M.D. Louisiana · Mar 6, 2012

The defendants seek dismissal of the plaintiffs complaint on the grounds that (1) the pursuit of indemnity does not qualify as a “debt” under the Fair Debt Collection Practices Act and, therefore, her claims invoking the … To state a claim under the FDCPA, a plaintiffs allegations must establish that the money being collected qualifies as a “debt.” See 15 U.S.C. § 1692a(5).

Smith v. Insurance Co. of State of Pennsylvania

161 So. 2d 903 · Louisiana Court of Appeal · Mar 2, 1964

The stop sign is near the aforesaid commercial establishment situated at the northeast corner of the junction. … To hold otherwise is to completely erase from the policy the qualifying phrase "against the insured", contained in Clause II(a) quoted above.

Calton v. U.S. Court of Appeals

District Court, E.D. Louisiana · May 2, 2023

“[A] motion to alter or amend the judgment under Rule 59(e) ‘must clearly establish either a manifest error of law or fact or must present newly discovered evidence’ and ‘cannot be used to raise arguments which could, and … In the supplemental motion for reconsideration, Plaintiff argues that this Court erred by failing to consider his argument that the judges are not entitled to sovereign immunity under the Larson-Dugan exception.18 In Larson

State v. Brown

414 So. 2d 689 · Supreme Court of Louisiana · Jun 8, 1982

Noting the lack of evidence of incapacity, we cannot find the trial court's determination of defendant's competency to be clearly erroneous. … Under this argument a jury which has been so qualified is not representative of a fair cross-section of the community. We have rejected this argument, most recently in State v.

State v. Lewis

112 So. 3d 796 · Supreme Court of Louisiana · Mar 19, 2013

are a means of “ ‘eliminating] extremes of partiality on both sides,’ ... thereby ‘assuring the selection of a qualified and unbiased jury.’ ” Holland v. … While peremptory challenges are one means of assuring the selection of a qualified and unbiased jury, the U.S.

Fuller v. Baggette

847 So. 2d 26 · Louisiana Court of Appeal · May 6, 2003

This court on rehearing concluded that Wade was qualified to serve as succession representative; however, his appointment was voided because the petition seeking Wade's appointment lacked an affidavit establishing the trial … R.S. 9:5621 clearly states that the action is prescribed two years from the day of the judgment homologating the final account.

Gedward v. Sonnier

728 So. 2d 1265 · Supreme Court of Louisiana · Mar 2, 1999

Further, the trial court found that the ATV qualified as a "motor vehicle" under the terms of AIC's policy. … Kodi is clearly a resident of his father's dwelling.

Duhon v. Harbor Homeowners' Ass'n

2015 La.App. 4 Cir. 0852 · Louisiana Court of Appeal · Jun 30, 2016

No set number has been established that automatically makes joinder impractical, instead, the determination is based on the facts and circumstances of each case. … The record clearly reflects that the Association was responsible for the maintenance and repair of the common areas, as well as the post-hurricane repair and recovery 5 .

Ruiz v. Oniate

697 So. 2d 1373 · Louisiana Court of Appeal · Aug 6, 1997

Compensation Fund, the court "shall consider the liability of the health care provider as admitted and established." … Where two permissible views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Stobart v.

Duplessis v. Tulane University Medical Center

2010 La.App. 4 Cir. 0267 · Louisiana Court of Appeal · Aug 25, 2010

DISCUSSION In a workers’ compensation case, the appropriate standard of review applied to the OWC’s factual findings is the manifest error-clearly wrong standard. Dean v. … Duplessis did not believe he could perform any type of work. *997 Finally, Tulane presented the testimony of Kathleen Riche, who was qualified as an expert in the field of vocational rehabilitation. Ms.

State ex rel. of B.R.C.

16 La.App. 3 Cir. 273 · Louisiana Court of Appeal · Dec 21, 2016

Pursuant to this standard, we may not set aside any factual findings of the trial court unless the findings are manifestly erroneous or, | sin other words, are clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989). IV. … He also maintained contact with his children in accordance with the visitation plan, secured housing, participated in a mental health evaluation, completed anger management classes, and qualified his children to receive financial

State v. Huntley

13 La.App. 3 Cir. 127 · Louisiana Court of Appeal · Jul 10, 2013

“Whatever the precise scope of this [second] exception, it is clearly meant to apply only to a small core of rules requiring observance of those procedures that ... are implicit in the concept of ordered liberty.” … The sentence was mandated by the penalty provision of the statute establishing the offense. R.S. 14:30.1.

In re Everett

520 B.R. 498 · District Court, E.D. Louisiana · Sep 29, 2014

Section 408(a) defines IRA, and provides several requirements for IRAs to qualify for special tax treatment. … If an account does not satisfy each of these requirements, it will not qualify or comply with the Internal Revenue Code.

State of Louisiana v. Woodrow Karey, Jr., A/K/A Woodrow Karey, II

Supreme Court of Louisiana · Jun 29, 2017

” * * * But we clearly knew, by him shaking my hand and saying it went well and don’t worry about getting any more money, we were very confident . . . that the Grand … Finding that the evidence established that the agreement was unconditional, this court annulled the multiple offender sentence and reinstated the original sentence.

Iseah v. EA Conway Memorial Hosp.

591 So. 2d 767 · Louisiana Court of Appeal · Dec 4, 1991

Iseah on January 28, 1986, a day on which it was clearly established that Mr. Iseah was at E.A. Conway. After significant questioning of Dr. Clay regarding the medical bill and whether Mr. Iseah may have been at E.A. … Finnerty, Jr. are both board certified in internal medicine and board qualified in cardiology. Dr. Senecoff has not been an emergency room physician for the past 28 years, and Dr.

Yolanda Taylor, Catina Smith, Cynthia Smith, and Vernaon Taylor, Individually and On Behalf of Delores Jean Bogan (D) v. Nexion Health at Pierremont, Inc., D/B/A Pierremont Healthcare Center – Shreveport, University

Louisiana Court of Appeal · Dec 14, 2022

As noted in the judgment, Pierremont, as a qualified healthcare provider, is not liable for an amount in excess of $100,000 plus interest and costs, pursuant to La. … that the factfinder is clearly wrong or manifestly erroneous.

Noakes v. Department of Homeland Security

District Court, E.D. Louisiana · Mar 12, 2025

Noakes alleges that she was entitled to FMLA qualified leave, as she had only used 80 of the 480 allowed hours of FMLA leave. … Excusing a plaintiff from the exhaustion requirement would “circumvent the statutory scheme, since Title VII clearly contemplates that no issue will be the subject of a civil action until the EEOC has first had