Case law

Deville v. Leonards

457 So. 2d 311 · Louisiana Court of Appeal · Oct 10, 1984

Finally, we observe that fraud is never presumed and that one who alleges fraud has the burden of establishing it by legal and convincing evidence. La.C.C. Art. 1848; Buxton v. … In particular, we note the record clearly reflects that the employment opportunity to which plaintiff was referred was genuine and not a fabrication.

Filmore Parc Apartments II v. Norman White, Chief Financial Officer and Director of Finance, City of New Orleans; Erroll Williams, Assessor, Orleans Parish; And the Chairman, Louisiana Tax Commission

Louisiana Court of Appeal · Feb 14, 2025

As this Court has previously held, “[e]xemptions from taxation are strictly construed” because “an exemption [is] an exceptional privilege” that must be clearly, unequivocally, and affirmatively established. … We do so because even if were to so find, Taxpayers did not meet their stringent burden of clearly and unequivocally establishing entitlement to the ad valorem tax exemption for the Section 8 PBV units in question because

Partin v. Dolby

94 La.App. 1 Cir. 1418 · Louisiana Court of Appeal · Mar 3, 1995

Because the Dolby vehicle was covered for $100,000.00 under the State Farm policy, it does not qualify as an uninsured vehicle under Delaware law. … This fact is clearly provided by the language of the policy which states: "The premium for and the coverages of this policy have been established in reliance upon the provisions of the Georgia Motor Vehicle Accident Reparations

Taylor v. Tulane University of Louisiana

699 So. 2d 1117 · Louisiana Court of Appeal · Sep 17, 1997

Once a malpractice victim settles with a health care provider or its insurer for $100,000.00, the liability of the health care provider has been admitted or established. LSA-R.S. 40:1299.44(C)(5). … However, the Taylors argument completely ignores the specific statutory provisions governing a malpractice suit against a qualified health care provider under the MMA.

Hollenbeck v. Oceaneering Intern., Inc.

685 So. 2d 163 · Louisiana Court of Appeal · Nov 8, 1996

As stated above, the record clearly reflects that a diver may be promoted to the position of dive supervisor. … Indeed, at this early stage of employment as a new tender, he had not even taken the test to qualify as a diver tender.

Blake v. Turner Industries Group, LLC

2012 La.App. 1 Cir. 0140 · Louisiana Court of Appeal · Sep 21, 2012

Moreover, the OWC clearly relied on the substantial evidence presented by Blake to establish that the welding fumes he was exposed to at Turner were harmful, which included the testimony of Turner’s Safety Manager, Blake, … Thomas qualified his response, as follows: [Counsel]: |14So have you seen the positive reaction that you would expect in Mr. Blake’s condition with use of the steroids? Dr.

In Re Succession of Sporl

2004 La.App. 4 Cir. 1373 · Louisiana Court of Appeal · Apr 6, 2005

The co-executors qualified as co-executors and letters testamentary were issued to them on April 19, 1999. [3] This estate had been under administration for over five years. … The succession representative who seeks court approval to pay such fees must, however, meet a threshold burden of establishing *1063 the basis and amount of the fees, just as she would be required to do to obtain court approval

Crowne Air, Inc. v. St. Tammany Parish Sheriff

2015 La.App. 1 Cir. 0741 · Louisiana Court of Appeal · Feb 29, 2016

Thereafter, Fitzmorris filed a motion for summary judgment, asserting that there is no genuine issue as to material fact that Air Cover, Crowne Air, and Bourg do not qualify as tax exempt organizations or individuals and … Air Cover, Crowne Air, and Bourg assert that the Intergovernmental Agreement provisions clearly denote the public purpose of the land-lease and establish that all improvements made at the Airport are owned by the Parish;'

Hamilton v. Lumbermen's Mutual Casualty Co.

82 So. 2d 61 · Louisiana Court of Appeal · Jun 30, 1955

The record of this proceeding, which sustains the facts given above, clearly establishes the petitioner's claim that the defendant did, without authority, invade the privacy of the petitioner. … The evidence clearly shows that petitioner suffered great mental anguish on being notified of the advertisement. Dr.

Walker v. Louisiana Department of Transportation & Development

10 La.App. 5 Cir. 702 · Louisiana Court of Appeal · Feb 15, 2011

The non-moving party must then produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial. … Evans (Evans), an engineer qualified in Louisiana courts in accident reconstruction and traffic engineering, in opposing the motion. In his opinion, La.

Magos v. Feerick

690 So. 2d 812 · Louisiana Court of Appeal · Dec 26, 1996

finding of the trial court, and (2) the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). … [The expert testified] and the Court is of the opinion that the evidence clearly establishes that [the dentist's] work was substandard.

Kirby v. Terminal Paper Bag Co.

16 So. 2d 597 · Louisiana Court of Appeal · Dec 2, 1943

He applied to have the case reopened, after establishing residence in Ohio, on the ground that his disability had become permanent. … If it were, his own testimony would go far toward establishing the affirmance of the issue. He gave the following testimony pertinent thereto, to-wit: "Q.

Clay v. Clay

322 So. 2d 238 · Louisiana Court of Appeal · Nov 11, 1975

Clay executed the disputed mandate contemporaneously with the signing of the agreement and clearly states the import of her signature. The divorce was granted September 24, 1975 and nothing was done by Mrs. … We do not think her *242 brief position as a legal secretary would qualify her to understand her options. However, it is also clear Mrs.

Gitschlag v. US Home Corp.

506 So. 2d 1236 · Louisiana Court of Appeal · Mar 4, 1987

The existence of a redhibitory defect is a question of fact which cannot be disturbed unless the record as a whole establishes that the finding is clearly wrong. Arceneaux v. … The record clearly establishes that the home had been a constant inconvenience and worry to the Gitschlags.

Washington Parish Police Jury v. Washington Parish Hospital Service District No. 1

152 So. 2d 362 · Louisiana Court of Appeal · Mar 29, 1963

No such qualifying language is to be found in Section 1060. … Clearly, the legislature intended such rights, powers and functions to be enjoyed and exercised by all hospital service districts irrespective of whether created upon the initiative of the police juries or pursuant to petition

State v. Jackson

629 So. 2d 1374 · Louisiana Court of Appeal · Dec 22, 1993

First, defendant claim's the state failed to establish a foundation for its introduction. However, Officer Perry and lab technician Susan Rutledge clearly identified the document and their handwriting thereon. … Earlier, the lab technician established the total weight of the cocaine.

AM. EMPLOYERS INS. CO. v. Honeycutt Furniture Co.

390 So. 2d 255 · Louisiana Court of Appeal · Oct 8, 1980

It was established that Captain Rogers attended this course. Mr. … The letter is clearly hearsay and cannot be considered.

Hayden v. Richland Parish School Bd.

554 So. 2d 164 · Louisiana Court of Appeal · Dec 6, 1989

The parish superintendent of schools shall not be required to be a qualified elector or a resident of the parish which he is to serve as superintendent. … La.R.S. 17:54 provides only that the term of the superintendent shall not exceed four years and can in no way be construed as establishing a minimum term of employment.

Seivers v. Epoch Well Logging, Inc.

868 So. 2d 732 · Louisiana Court of Appeal · Dec 31, 2003

And although it is not fixed in stone, the "rule of thumb" is that those workers who spend less than about 30 percent of their employment in the service of a vessel in navigation should not qualify as seamen under the Jones … The Sievers simply failed to produce the requisite factual support necessary to establish that they will be able to satisfy their evidentiary burden of proof at trial.

Talamo v. Shad

619 So. 2d 699 · Louisiana Court of Appeal · May 19, 1993

La.C.C.P. art. 1811 establishes the procedure for filing a motion for JNOV. The standard for granting JNOV has been developed jurisprudentially. … The trial court was clearly wrong in finding Dean Boats, Inc. liable.