Case law

Palisi v. City of New Orleans Fire Dept.

690 So. 2d 1018 · Louisiana Court of Appeal · Apr 15, 1997

The Gary court clearly could not have intended such an absurd result. … Clearly, the disability benefits are principally funded by the employer/City.

Plaisance v. State of Louisiana

District Court, M.D. Louisiana · Mar 16, 2021

Plaintiffs allege ongoing “economic distress,” but have not set forth specific evidence establishing that monetary damages are inadequate, or that an immediate injunction is necessary to forestall additional … Such relief “is particularly disfavored, and should not be issued unless the facts and law clearly favor the moving party.” Id.

McCann v. Christus St. Frances Cabrini Hospital

16 La.App. 3 Cir. 21 · Louisiana Court of Appeal · May 11, 2016

Hora was not named at all, their statements would not qualify as judicial admissions since Ms. Vondrak has failed to show that she relied on the McCanns’ statements to her detriment. … A trial court’s grant of an exception of prescription is reviewed under the clearly wrong-manifest error standard of review. Patin v.

Sanchez v. Harbor Const. Co., Inc.

2007 La.App. 4 Cir. 0234 · Louisiana Court of Appeal · Oct 3, 2007

Agreement The Master Service Agreement in effect between Global and Harbor at the time of the accident specifically provided that Global "is to serve as a labor resource service furnishing qualified skilled and semi-skilled … Moreover, the agreement between Harbor and Global clearly required Harbor to provide the job supervision. Given that Global's involvement with Mr.

Joseph Palermo v. Homes and More, Inc.

Louisiana Court of Appeal · Dec 18, 2019

Here, Plaintiffs’ petition clearly identifies H&M as the general contractor hired to construct their home. … H&M clearly acted as the general contractor of the construction at issue, and as such, H&M qualifies as a “builder” under the Louisiana New Home Warranty Act, La. R.S. 9:3141, et seg. See Barnett, 970 So.2d 1028.

Romero v. Northrop Grumman Corp.

6 La.App. 3 Cir. 1210 · Louisiana Court of Appeal · Mar 7, 2007

He explained that if Claimant were to develop sepsis, "it would be the end" since Claimant has diabetes, and his immune response function is considerably impaired. Dr. … Romero, that he suffers from immune mediated injury to the nervous system either centrally or peripherally."

City of New Orleans v. New Orleans Public Service Inc.

471 So. 2d 233 · Louisiana Court of Appeal · May 28, 1985

Establishment of Rates. … Clearly conditions [Section 9] (a) through (g) are derived from this authority.

Wooley v. Lucksinger

14 So. 3d 311 · Louisiana Court of Appeal · Feb 13, 2009

By way of illustration, so-called “rules of the road” establish or pertain to “standards of conduct and safety”, whereas rules that impose a ceiling on the amount of compensatory damages or provide |,^immunity from suit are … Jones, who was qualified as an expert certified public accountant.

VALLEY ELEC. MEMBERSHIP CORP., INC. v. Wallace

465 So. 2d 986 · Louisiana Court of Appeal · Mar 6, 1985

LaCaze, a qualified real estate appraiser, was of the opinion that the highest and best use of the property was for "low density rural, residential property." … The findings of fact by the trial court will not be disturbed on appeal unless such findings are clearly erroneous. Greater Baton Rouge Airport District v. Carrick, supra.

Hayes v. Orleans Parish School Board

225 So. 2d 131 · Louisiana Court of Appeal · Jul 7, 1969

, whereas, petitioner was fully qualified for the position that he had formerly held. … It was clearly not the law as found in the Charbonnet and DeBarge cases, supra, which held the opposite. This legislation apparently was enacted to add an additional requirement that had previously been found lacking.

State v. Thomas

711 So. 2d 808 · Louisiana Court of Appeal · Apr 8, 1998

Given that the physical evidence does not unresolvably contravene the victim's statements, her testimony alone is sufficient to establish penetration and the other elements of the offense. Cf. State v. … When defendant objected on hearsay grounds, asserting that the testimony did not qualify as a first report of rape and also would be cumulative, the court overruled the objection.

David Pitts Jr. and Kenyetta Gurley v. Louisiana Medical Mutual Insurance Company and Rhoda Renee Jones, M.D.

218 So. 3d 58 · Supreme Court of Louisiana · Mar 15, 2017

Crowell and Gueringer), then, certainly, the district court’s grant, of a new trial on the ground that the verdict is clearly contrary to the evidence is an abuse of discretion. … In the final analysis, the jury verdict in this case was based on the testimonies of several highly qualified experts, including Drs. Litner and Breinholt.

Marilyn H. McBride, Davy A. Dowdy, and Joey E. Miller v. Old Republic Insurance Company, John K. Woodard, David G. Brooks, Sr., and Enable Midstream Partners, LP

Louisiana Court of Appeal · Oct 9, 2024

A party seeking to avail itself of the immunity from tort liability granted under the LWCA has the burden of proving entitlement to such immunity. Champagne v. American Alternative Ins. … The appellate court reversed, finding that Knox could only prove one of the four factors to establish the manual labor exception.

Federal Home Loan Bank Board v. Hague

664 F. Supp. 245 · District Court, W.D. Louisiana · Jun 16, 1987

While such a claim may be a defense to a later attempt by the FHLBB to seek contempt for violation of the order, it is clearly not relevant at this time. … Both entities enjoy sovereign immunity from such suits and may not be sued directly. Rather, the exclusive party against whom a claimant may proceed here is the United States. Vernell v. U.S.

Giroir v. Dumesnil

248 La. 1037 · Supreme Court of Louisiana · Feb 23, 1966

bequeaths the wife the usufruct (or the use and fruits) of the property dur *1049 ing her life span; that it then bequeaths her the right of disposition of the property as a thing belonging to her; that the will therefore clearly … The basic action here is neither to establish the nullity of a testament nor to invalidate the 1947 succession judgment, as contended by defendants. Rather it is one for the ownership of immovables.

Roberson v. Green

91 So. 2d 439 · Louisiana Court of Appeal · Nov 29, 1956

However, counsel qualifies this conclusion by an admission of the impossibility of proving any “specific, express and mutual agreement to the effect that the fence * * * has been agreed on by defendants or their predecessors … The alternative defense of prescription clearly indicates by its very wording that defendants and their predecessors in title have been “ * * * in the actual, physical, open, notorious, uninterrupted, peaceable and undisturbed

Crawford v. Roadway Express, Inc.

485 F. Supp. 914 · District Court, W.D. Louisiana · Feb 26, 1980

However, Mike Jackson testified that at the time of this incident, he, Jackson, was qualified to drive into the city and was an unassigned employee. … The evidence clearly establishes that Crawford was subject to calculated and blatant retaliation in direct violation of Title VII.

Louisiana State Bar Ass'n v. Connolly

201 La. 342 · Supreme Court of Louisiana · Jun 29, 1942

Hence, when the members of the Constitutional Convention of 1921 deleted the qualifying word “professional” in drafting Section 10 of Article VII, they not only extended the exclusive original jurisdiction of the court to … The Flynn case is clearly distinguishable from this one for the reason that there is no rule of this court providing that judgments of courts of foreign jurisdictions in disbarment proceedings will be considered as prima

Dewese v. Hartford Accident & Indemnity Company

295 So. 2d 574 · Louisiana Court of Appeal · Sep 13, 1974

He smelled of intoxicants and said that he had had a couple of drinks but was very prompt in his answers to the questions and spoke clearly. His answers were coherent and his attitude was cooperative. … Margaret Faye Longo, a surgeon in the city of Lafayette, was qualified as an expert in the field of general surgery. She testified that she first saw Mrs.

State v. Jones

767 So. 2d 862 · Louisiana Court of Appeal · Jul 25, 2000

Washington were clearly race neutral. The defense again made a Batson claim when the state used a peremptory challenge to excuse Ms. Williams. … Green, 94-0887 (La.5/22/95), 655 So.2d 272 . [2] LSA-C.Cr.P. art. 401 A(3) provides that, in order to qualify for jury service, a person must "[b]e able to read, write and speak the English language and be possessed of sufficient