Case law

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.

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.

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.

Dowles v. Barnhart

258 F. Supp. 2d 478 · District Court, W.D. Louisiana · Mar 31, 2003

Its qualifying financial tests are income and resource tests. Ineligibility for DIB under Title II does not affect eligibility for SSI under Title XVI. Thomas v. Schweiker, 666 F.2d 999, 1001 (5th Cir.1982). … Since systemic lupus erythematosus is a nonexertional impairment, the ALJ clearly erred in relying on the medical-vocational guidelines to find Dowles is not disabled.

Elmer v. West Jefferson Levee Dist.

803 So. 2d 229 · Louisiana Court of Appeal · Jan 7, 2002

They contend that the City only closed the culvert in the levee to protect the City of Westwego from flooding and that the City was immune from damages pursuant to the Louisiana Disaster Act of 1974, LSA-R.S. 29:727, and … The Supreme Court has established four requirements to determine whether Article 1153 allows an amendment that changes the identity of the parties sued to relate back to the date of the filing of the original petition.

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.

State v. Perez

745 So. 2d 166 · Louisiana Court of Appeal · Nov 3, 1999

Carlos Kromberger was qualified by stipulation as an expert in clinical psychology. Dr. … Jenkins was a qualified attorney in the case, as well as Mr. Michaelson's supervising attorney. Mr.

Nolan

District Court, W.D. Louisiana · Oct 6, 2025

The Minden Police Department does not qualify as a juridical person. See Cozzo v. … "To establish a Fourth Amendment violation based on an officer’s use of excessive force, the plaintiff must show: (1) an injury; (2) which resulted from the use of force that was clearly excessive to the need; (3) the

Michelin Tire Co. v. Delcourt

149 So. 313 · Louisiana Court of Appeal · Jun 30, 1933

Evidently, as thus qualified, the idea intended to be conveyed by the court in that decision is that the acknowledgment by the debtor must be of the “debt claimed by the creditor,” and which interrupts the course of prescription … Delcourt filed against plaintiff company, tak-j en in connection with the testimony of Servis, establishes the correctness of the amount demanded.

Hollaway v. Gaylord Chemical Corp.

730 So. 2d 952 · Louisiana Court of Appeal · Mar 12, 1999

Bruce Egan was also qualified as an expert in air dispersion modeling. He, too, used a model to estimate the chemical's dispersion. … Therefore, the trial court correctly declined to establish such a class.

Gurst v. Dove

District Court, W.D. Louisiana · May 8, 2020

The record clearly establishes Gurst was terminated for a serious failure to follow NPDC’s policies and procedures regarding physical inmate counts. … Gurst must establish his prima facie case by establishing “(1) he was discharged; 2) he was qualified for the position; (3) he was within the protected class at the time of discharge, and (4) ‘evidence, circumstantial or

Pasquier v. Tarr

318 F. Supp. 1350 · District Court, E.D. Louisiana · Oct 14, 1970

Carlisle & Jacquelin, 391 F.2d 555 (2d Cir. 1968), the plaintiff sought to qualify his cause of action under either Rule 23(b) (1) or 23(b) (2) because, according to the court, of the theory that notice is not mandatory under … The I-S deferment, like the III-A fatherhood deferment, is clearly covered by this proviso.

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.

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

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.

Perron v. Evangeline Parish Police Jury

798 So. 2d 67 · Supreme Court of Louisiana · Oct 16, 2001

After his election, plaintiff began meeting with the parish police jury to establish a budget for the following fiscal year. … Landry Parish when serious funding problems for the office apparently dissuaded any physicians from qualifying to run for the office. [7] Mr.

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

Freeman v. Washington Parish Fire District 6

2015 La.App. 1 Cir. 0273 · Louisiana Court of Appeal · Sep 18, 2015

that the finding is clearly wrong (manifestly erroneous). … Freeman; such that those findings are not clearly wrong or manifestly erroneous.

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.

Jeansonne v. Roy

13 La.App. 3 Cir. 741 · Louisiana Court of Appeal · Mar 5, 2014

Intentionally tortious actions, ostensibly performed for a client’s benefit, will not shroud an attorney with immunity. … Roy’s actions clearly establish that he intentionally obtained the Ex Parte Order of Exhumation knowing full well that his actions would result in substantial injury to Mr.