Case law

Kidder v. Anderson

345 So. 2d 922 · Louisiana Court of Appeal · Jun 17, 1977

Clearly, there was sufficient evidence to let the case go to the jury. … In fact, the court rejected the absolute-immunity doctrine continuously espoused by Justices Black and Douglas in all First Amendment situations.

Provenza v. Central & Southwest Services, Inc.

775 So. 2d 84 · Louisiana Court of Appeal · Dec 15, 2000

Provenza understood that he had qualified job security and that the reorganization would be completed without his job being affected. … Even the Q & A on which Provenza relies clearly states that a position could be affected for a compelling business reason.

Johnson v. Department of Police

2008 La.App. 4 Cir. 0467 · Louisiana Court of Appeal · Dec 10, 2008

Hearsay evidence, such as an investigating officer’s sworn statement may qualify as competent evidence, provided that the evidence has some degree of reliability and trustworthiness and is of a type on which a reasonable … of Police, 00-1483, p. 7 (La.App. 4 Cir. 5/9/01), 787 So.2d 1061 , 1068-69: The public puts its trust in the police department as a guardian of its safety, and it is essential that the appointing authority be allowed to establish

Reichert v. Continental Insurance Company

290 So. 2d 730 · Louisiana Court of Appeal · May 17, 1974

We reject this contention on the ground that should a duty to represent on appeal be determined to have been legally assumed by contract, the person furnishing the defense is clearly not engaged in the unauthorized practice … We note the obligation to defend is not qualified, limited or restricted in any manner whatsoever. It must, therefore, be interpreted in favor of the insured rather than the insurer.

Vollenweider v. Helwig Const. Co., Inc.

9 La.App. 5 Cir. 505 · Louisiana Court of Appeal · Apr 15, 2010

that the finding is clearly wrong (manifestly erroneous). … Helwig’s reconventional demand clearly seeks the remaining contract payment.

State v. Achelles

16 La.App. 5 Cir. 170 · Louisiana Court of Appeal · Dec 21, 2016

Defendant now argues that the trial court abused its discretion in qualifying Mr. … This argument is clearly without merit as evidenced by the trial court’s very thorough reasons for judgment.

State v. Maduell

326 So. 2d 820 · Supreme Court of Louisiana · Jan 19, 1976

In effect, it is asserted, that Louisiana's Constitution imposes a standard more stringent than that established by the jurisprudence. Clearly, at the time of the in-field identification, defendant was not "arrested". … His finding on this fact question should not be reversed unless clearly erroneous.

State v. Papizan

256 So. 3d 1091 · Louisiana Court of Appeal · Nov 2, 2017

Overzealous application of this remedy by the court infringes upon "the societal interest in trying people accused of crime, rather than granting them immunization because of legal error." … To the contrary, it establishes a violation of the defendant's right to due process.

State v. Ford

37 La. Ann. 443 · Supreme Court of Louisiana · May 15, 1885

The question was clearly inadmissible. The judge did not, by his ruling, deprive the accused of the means of proving a previous engagement to be at that time at the engine house. … The principles contained in these utterances are qualified by counsel as a startling announcement, replete with great danger to the very system of jury trials.

Coastal Timbers, Inc. v. Regard

483 So. 2d 1110 · Louisiana Court of Appeal · Feb 5, 1986

The evidence clearly establishes that Folse and Regard discussed the possibility of exchanging a lot for the construction work. Folse consulted his accountant, who advised against such a transaction. … First of all, profit is clearly recoverable, as we have already stated. See Houma Armature Works & Supply, Inc., supra; Skains, supra; Brummett, supra.

Chateau v. City of Kenner

712 So. 2d 256 · Louisiana Court of Appeal · May 13, 1998

He also clearly stated that Chateau's current problems and limitations were directly related to his well-established and pre-existing severe degenerative arthritis of the knees and not the fall of June 16, 1995, and that … He clearly states that he can "do anything." He has skills and licenses (the electrical licenses).

Mitter v. Touro Infirmary

874 So. 2d 265 · Louisiana Court of Appeal · Apr 21, 2004

that the finding is clearly wrong or manifestly erroneous. … Nurses, including licensed practical nurses, are defined as qualified health care providers under La. R.S. 40:1299.41(A)(1).

Cosse v. Allen-Bradley Co.

625 So. 2d 486 · Supreme Court of Louisiana · Feb 4, 1994

Justice Barham dissented, reasoning that the statutory right was absolute: Nothing contained in these statutes qualifies the employer's right to obtain indemnification. … Our opinion clearly looked to the date of plaintiff's injury rather than the date of judgment, stating "[i]n this case, the relevant event (plaintiff's injury) occurred before the January 1, 1990, effective date" of the 1989

In Re Racca

40 B.R. 622 · United States Bankruptcy Court, W.D. Louisiana · Apr 19, 1984

Racca has clearly failed to do. Mr. Racca’s testimony regarding the details of his shrimping operation can be characterized, at best, as sketchy and unsatisfactory. … The state of Louisiana expressly waives any immunity from suit insofar as the garnishment of the nonexempt portion of the wages, salaries, commissions, or other compensation of public officials, whether elected or appointed

Town of Sterlington v. East Ouachita Recreation District No. 1

215 So. 3d 381 · Louisiana Court of Appeal · Jan 27, 2017

It is also possible other EORD teams will qualify for a spot in such Dixie Youth tournaments. … The proposed improvements to the facilities at Osterland are clearly within EORD’s statutory ^authority.

Beck v. Boh Bros. Const. Co.

72 So. 2d 765 · Louisiana Court of Appeal · May 24, 1954

Construction Company, and, without making any allegation as to why Travelers Insurance Company is brought into the case, avers that Travelers Insurance Company is a foreign corporation and is qualified to do and is doing … Boudreaux, La.App., 142 So. 874, 875 , the Court said: "A street thus established by a municipal corporation becomes public property belonging to all in common. * * *" "This street, when thus established, was segregated from

Horton v. McCrary

620 So. 2d 918 · Louisiana Court of Appeal · Jun 2, 1993

The testimony of the two expert witnesses, Meaux and Coach Johnny Emmons, clearly show that Tim had the desire and the ability before the accident to play professional baseball. … Horton failed to qualify. We disagree. Mr. Friedman testified that he considered that Mr. Horton qualified for the bonus because "but for" the December accident, he would still have been employed.

Hebert v. Magnolia Life Insurance Co.

94 La.App. 3 Cir. 1195 · Louisiana Court of Appeal · Mar 1, 1995

The medical evidence establishes that Victoria was diagnosed as HIV positive before the date on which he completed the policy application. … Clearly, these knowing misstatements materially affected the risk assumed by Magnolia Life. Accordingly, the trial court did not err.

Gulf Outlet Marina, Inc. v. Spain

2002 La.App. 4 Cir. 1589 · Louisiana Court of Appeal · Jun 25, 2003

The trial judge has wide discretion in deciding which expert testimony to admit and his judgment will not be disturbed unless clearly erroneous. Collins v. State ex rel. … As to the issue of who should or should not be allowed to testify as an expert, it is very well established in the case law that the trial court has discretion and will not be reversed on appeal absent clear error.

Khiry Cosey on Behalf of Her Minor Children, Corbin Hilliard and Allyssa Hilliard Individually and on Behalf of the Estate of Reginald Hilliard, Jr; Tiara Liggins on Behalf of Her Minor Child, Takhiree Hilliard Individually and on Behalf of the Estate of Reginald Hilliard, Jr.; Tukeya Jarvis Individually and on Behalf of Thomas Hilliard; And Dorothy Jarvis v. Flight Academy of New Orleans, LLC; Jazz Aviation, LLC; Qbe Insurance Corporation; Christiansen Aviation, Inc.; Abc Insurance Company; Signature Flight Support Corporation; Allianz Global Corporate & Specialty Se; The Estate of James Biondo; And Def Insurance Company

Louisiana Court of Appeal · Nov 12, 2020

The issue of a lessor’s liability to third parties arises most often in the context of vehicle lease cases or premises liability actions, the latter of which is clearly inapplicable here. … Aug. 6, 2009)(“an aircraft does not qualify as a dangerous instrumentality”); Lange v.