Case law

Gallaty v. Gallaty

101 So. 3d 501 · Louisiana Court of Appeal · Oct 3, 2012

An appellate court may not set aside a trial court’s findings of fact in absence of manifest error or unless they are clearly wrong. Id., Stobart v. State, Through DOTD, 617 So.2d 880 (La.1993). … Calamari was qualified by the court as an expert in residential property appraisals. He testified as to his methodology and how he had arrived at $126,500.00 as the value of the community home. Mr.

Smith v. Brumfield

2013 La.App. 4 Cir. 1171 · Louisiana Court of Appeal · Jan 15, 2014

Smith’s failure to establish that she will suffer irreparable harm in the absence of injunc-tive relief. … |isln order to determine whether the property qualifies for this shortened redemptive period, we look to those definitions incorporated into Section 25 B(2) by reference. La.

Matthews v. Buff Hottle Shows, Inc.

109 So. 2d 261 · Louisiana Court of Appeal · Jan 5, 1959

Plaintiff then further reasons that the court in the Johnson case did not rely solely on the provisions of the quoted section of Act 20 of 1914, but that the court clearly and implicitly established that the contractual relationship … He does not question the fact that the legislature may qualify, enlarge or even take away the right granted by LSA-Civil Code Article 2315 to recover for damages or injuries.

Auld v. Globe Indemnity Company

220 F. Supp. 96 · District Court, W.D. Louisiana · Apr 25, 1963

That decision established an exception to the then Louisiana law that no contribution could be demanded among joint tortfeasors unless they were cast in judgment in solido 1 This doctrine, as tersely stated in Northwestern … To impose a non-contractual duty of contribution on the employer is pro tanto to deprive him of the immunity which the statute grants him in exchange for his absolute, though limited, liability to secure compensation to his

State Ex Rel. Jym

9 La.App. 3 Cir. 1335 · Louisiana Court of Appeal · Aug 4, 2010

that the fact finder is clearly wrong or manifestly erroneous. … If there are two permissible views of the evidence, the fact finder's choice between them cannot be manifestly erroneous or clearly wrong.

State, Department of Highways v. Burden

180 So. 2d 784 · Louisiana Court of Appeal · Nov 16, 1965

In my opinion that establishes the market and a pattern. … Jones et al. (1959), 236 La. 612 , 108 So.2d 528 , the law that damage *790 must not be anticipated was clearly stated by the Supreme Court: "`The general law involved in this case is simply that the owner is entitled to

Clark v. Edwards

725 F. Supp. 285 · District Court, M.D. Louisiana · Aug 31, 1988

established statewide. … Apparently, it did not clearly do *304 so.

Harbor v. CHRISTUS ST. FRANCES CABRINI HOS.

943 So. 2d 545 · Louisiana Court of Appeal · Nov 2, 2006

services shall be provided by a licensed professional vocational rehabilitation counselor, and *548 all such services provided shall be compliant with the Code of Professional Ethics for Licensed Rehabilitation Counselors as established … Harbor take the test to see if she was even qualified to obtain an [sic] GED. Moreover, as even argued by the employer in its brief, they contend she failed to do this because it would have made her more employable.

Terence St. Germain v. Lesley Simmons St. Germain

Louisiana Court of Appeal · Sep 11, 2019

We find the record establishes a reasonable basis upon which the trial court could find Ms. St. … We find the record establishes a reasonable basis upon which the trial court could find Ms. St.

Manning v. UNITED MED. CORP. OF NEW ORLEANS

897 So. 2d 867 · Louisiana Court of Appeal · Mar 2, 2005

David Golden, a qualified health care provider, failed to correct obvious signs of fetal distress in her mother, Quamysha Taylor. … The Board's exclusive jurisdiction is "subject only to court review of the agency's actions pursuant to well established principles of judicial review." Kelty v.

Cupit v. Grant

425 So. 2d 847 · Louisiana Court of Appeal · Dec 22, 1982

All issues in a jury case must be presented to and decided by the jury. [2] We want it clearly understood that we are making no determination of the relationship between Grant and Louisiana Delta. … Culbertson, possessed of a PhD in economics, qualified as an expert in projected future earnings and testified that Terry Dale's expected loss of income would be $563,537.00. Dr.

Bolton v. Mike Fleming Const.

833 So. 2d 1177 · Louisiana Court of Appeal · Dec 11, 2002

An employer can discharge its burden by establishing, by a preponderance of the evidence, (1) the existence of a suitable job within the claimant's physical capabilities, and within the claimant's or the employer's community … However, he qualified his statements by saying that his prior complaints of right shoulder pain were in the rhomboid muscle in the back of his shoulder.

Hoover v. Pennington

19 La. App. 779 · Louisiana Court of Appeal · May 3, 1932

An inventory was taken of his prop-' erty which was in community with Lucy Lockhart, his surviving spouse, who qualified as the natural tutrix of Gordon, Selby, and Beida Lockhart, minors at that time. … Hence it is clearly established that Pennington never acquired ownership of the property and which remained in community between Mrs.

Bynum v. Good News Const.

96 La.App. 5 Cir. 41 · Louisiana Court of Appeal · May 28, 1996

It is now well established that the standard of appellate factual review in worker compensation cases is the same as for other civil cases, i.e. whether the findings made by the trier of fact are manifestly erroneous. … To qualify for temporary total disability benefits, an employee must prove by "clear and convincing evidence, unaided by any presumption of disability, that the employee is physically unable to engage in any employment or

Anzalone v. Anzalone

2007 La.App. 1 Cir. 1905 · Louisiana Court of Appeal · Nov 18, 2008

Clearly, disability retirement for judges in LASERS who have reached eligibility for regular retirement represents a unique situation which has aspects common to both forms of retirement. (Emphasis supplied). … However, in brief to the court, plaintiff set forth the terms of said agreement, which do not establish plaintiff's entitlement to the disability retirement income of defendant.

State v. Williams

738 So. 2d 640 · Louisiana Court of Appeal · Jun 1, 1999

The trial transcript clearly shows, however, that defense counsel, and not the prosecutor, elicited the testimony forming the basis of this error assignment. … However, in the absence of qualifying provisions, the terms "intent" and "intentional" have reference to "general criminal intent." In State v.

State v. Rones

223 La. 839 · Supreme Court of Louisiana · Jun 1, 1953

The optician, on the other hand, as pointed out by the appellant, is engaged in the busi-' *102 ness of furnishing lenses to customers' on the prescriptions of licensed optometrists or qualified physicians, putting the lenses … For this purpose every consideration of public need and public policy upon which the Legislature could rationally have based such legislation should be weighed by the court, and, if the statute is not clearly arbitrary, unreasonable

Hooper v. Hooper

941 So. 2d 726 · Louisiana Court of Appeal · Nov 2, 2006

Appropriate notice to a legal representative would have been notice to him, but it was not until 1995 that a legal representative was appointed and qualified for him. … However, because Billy and his brother, R.P., were co-owners, the burden of proof of Billy's heirs was to establish the commencement of Billy's possession for himself, and, to establish this commencement, they had to show

CTHH Enterprises, Inc. v. Brunson (In re Havard)

209 B.R. 196 · District Court, W.D. Louisiana · Apr 10, 1997

A bankruptcy court’s conclusions of law are subject to de novo review on appeal and the findings of fact are adopted, unless *198 clearly erroneous. … Notwithstanding this phrase, the substance of the agreement clearly demonstrates that the contract rights are not in the nature of a land conveyance.

State ex rel. Attorney General v. Lamantia

33 La. Ann. 446 · Supreme Court of Louisiana · Apr 15, 1881

Martin was appointed by the ■Governor of the State inspector of weights and measures for the first district of New Orleans, on the 26th of January, 1881, vice Vincent Lamantia, removed; that said Martin has been duly qualified … Yoist, 25 An. 396, are the latest decisions of this court on the point, the dootrine is clearly laid down.