Case law

Wartenburg v. Board of New Orleans-Baton Rouge Steamship Pilot Examiners for the Mississippi River

4 La.App. 5 Cir. 169 · Louisiana Court of Appeal · Jun 29, 2004

In essence, Wartenburg | flis challenging the credibility of Crescent River Pilot Douglas Grubbs, who was qualified as an expert by The Board, and who testified that Wartenburg’s act in leaving Samples in control of the vessel … Wartenburg concludes that in the absence of an established set of rules and regulations, every pilot could be considered as an expert witness, each with his own idea of what the standard should be.

Deer Field Hunting Club v. Swayze Plantat.

8 La.App. 3 Cir. 313 · Louisiana Court of Appeal · Dec 10, 2008

Furthermore, the trial court has wide discretion in determining whether to allow a witness to testify as an expert, and its judgment will not be disturbed on appeal unless it is clearly erroneous. Abshire v. … The evidence presented at the pre-trial motion on this issue established that whatever relationship Mr. Willis had with Mr.

State v. Fulghum

242 La. 767 · Supreme Court of Louisiana · Feb 19, 1962

Defense counsel contended that Shaw was a duly qualified elector and juror for Caddo Parish, relying on Articles 41 and 42 of the Revised Civil Code, LSA. … jurisprudence, this fact must not only be established to the satisfaction of the trial judge out of the hearing of the jury but his ruling with respect thereto will not be disturbed on appeal unless clearly not supported

Jenkins v. Pemberton

87 So. 2d 775 · Louisiana Court of Appeal · May 21, 1956

That Jesse Jenkins and Ethel Mercy w'ere married was established by the marriage record filed in evidence. … The trial court concluded from the record that it was established that a marriage was celebrated between Lucille L.

Evans v. North Street Boxing Club

83 F. Supp. 2d 744 · District Court, W.D. Louisiana · Dec 16, 1999

As the law is clearly established on the issue of individual liability under Title VII, it was unreasonable for Evans to bring a claim against Ward and West under Title VII, entitling them to attorneys fees. … Whether NSBC qualifies as an employer is beyond the scope of the motion before the court.

Simon v. Fasig-Tipton Co.

652 So. 2d 1351 · Louisiana Court of Appeal · Mar 22, 1995

It would establish a price and then, I would get my ten (10%) percent again." … Because the court of appeal has a constitutional function to perform, it has every right to determine whether trial court verdict was clearly wrong based on the evidence, or clearly without evidentiary support."

Harmon v. Lumbermens Mutual Casualty Company

247 La. 263 · Supreme Court of Louisiana · Jan 18, 1965

P 12 293, issued by Lumbermens Mutual Casualty Company only to qualified fellows in the American College of Surgeons. His specific loss accident indemnity was $100,000.00. … "An insurance policy is a contract, and the rules established for the construction of written instruments apply to contracts of insurance. Hemel v.

Henderson v. Maloid

683 So. 2d 342 · Louisiana Court of Appeal · Nov 8, 1996

Thus, rejection of UM coverage was clearly not contemporaneous with the application for or the issuance of the *347 policy. … She explained her husband had established a pattern of meeting with LeBlanc at LeBlanc's dealership, and that Vernon would buy cars for Auto Credit to sell.

State v. DeRoche

629 So. 2d 1267 · Louisiana Court of Appeal · Dec 15, 1993

related offenses admissible as part of the res gestae and convictions admissible for impeachment purposes, Louisiana statutes provide for only three instances where other crimes evidence is "substantially relevant" such as to qualify … Using the rationale of Tyler, Long, and Howard , the other crimes evidence against DeRoche was clearly admissible. Therefore, the trial court did not err. This evidence consisted of the testimony of two juveniles.

Webb v. Franks Investment Co.

105 So. 3d 764 · Louisiana Court of Appeal · Oct 29, 2012

Sometimes perfect ownership of the land passes to the public body; sometimes only a servitude is established in favor of the public. … The dedications in the cases sub judice, clearly support the conclusion that only a servitude was given.

Webb v. Webb

2001 La.App. 1 Cir. 1577 · Louisiana Court of Appeal · Nov 8, 2002

The establishment, ex proprio motu, of a usufruct in favor of Wayne was legal error. The portion of the judgment granting the usufruct is reversed. … the finding is not manifestly erroneous (clearly wrong).

Carlin Communications, Inc. v. South Cent. Bell Telephone Co.

461 So. 2d 1208 · Louisiana Court of Appeal · Dec 14, 1984

STATE ACTION Because private conduct is immune from the restrictions of the 14th Amendment, this court must first find "state action" before it may address Carlin's constitutional complaints. … The SCB Dial-It Service is clearly a local service, operating within the 504 area code, although long distance calls are not precluded.

State v. Curtis

2011 La.App. 4 Cir. 1676 · Louisiana Court of Appeal · Mar 13, 2013

It was stipulated by the State and the defense that, if called to testify, Kenneth Leary would qualify as an expert in the field of firearms examination and that he would testify (consistent with his report) that four .40 … Proc. art. 894.1 and whether the sentence is warranted under the facts established by the record. State v. Wiltz, 2008-1441, p. 10 (La.App. 4 Cir. 12/16/09), 28 So.3d 554, 561 .

Castellanos-Contreras v. Decatur Hotels, L.L.C.

488 F. Supp. 2d 565 · District Court, E.D. Louisiana · May 16, 2007

As a part of the application for obtaining certification to bring H-2B guestworkers to New Orleans, the Defendants certified to the U.S. government that qualified persons in the United States were not available to fill the … The FLSA Applies to H-2B Guestworkers While the historical development and fragmentation of the H-2 program clearly demonstrates Congress’s special concern for agricultural laborers, it does not suggest that nonagricultural

Welborn v. 19TH JUDICIAL DIST. COURT

974 So. 2d 1 · Supreme Court of Louisiana · Jan 16, 2008

The committee, however, did not recommend such broad authority in the legislature, and its initial proposal would have qualified the grant of jurisdiction with language, "[u]nless otherwise provided or authorized in this … Family court for the parish of East Baton Rouge; establishment; jurisdiction A.

State ex rel. E.D.C.

903 So. 2d 571 · Louisiana Court of Appeal · May 11, 2005

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … In the absence of a qualifying statutory provision, the terms “intent” and “intentional” in criminal statutes have reference to general criminal intent. State v. Godeaux, 378 So.2d 941 (La.1980).

Sparks v. Tulane Medical Center Hospital & Clinic

537 So. 2d 276 · Louisiana Court of Appeal · Dec 13, 1988

Such a finding cannot be considered clearly wrong. See Arceneaux v., Domingue, 365 So.2d 1330 (La.1978); Canter v. Koehring, 283 So.2d 716 (La.1973). … We find the evidence furnishes an ample basis to establish a causal connection between plaintiff’s disability and her employment. This was established by the testimony of her physicians and Ms. Jahncke.

Leboeuf v. Wal-Mart Stores, Inc.

934 So. 2d 790 · Louisiana Court of Appeal · Apr 5, 2006

LeBoeuf's employer, they were immune from a tort action. See La. R.S. 23:1032. … LeBoeuf. [2] This case is clearly the type of situation envisioned by the legislature when it enacted the penalty and attorney fees provisions in the Workers' Compensation Act. See Livaccari v.

Imperial Chemicals Ltd. v. Pkb Scania (Usa)

929 So. 2d 84 · Louisiana Court of Appeal · Feb 22, 2006

A contract is formed by consent of the parties established through offer and acceptance. … are clearly wrong.

Lanneau v. Capital Transportation Corporation

292 So. 2d 810 · Louisiana Court of Appeal · Mar 18, 1974

We believe that if such had been intended, the parties would have clearly so stated in unmistakable terms. … The contract clearly provides that Cather's appraisals represent the minimum amounts due for tangibles and intangibles.