Case law

Clark v. STATE, DEPT. OF REVENUE

849 So. 2d 700 · Louisiana Court of Appeal · May 9, 2003

As a result, the Commission ordered that Cajun establish an escrow fund to deposit that portion of the charged electric rates allocated to interest expenses. … The members clearly have a right to bring the instant action to collect a refund as taxes that they paid.

Taylor v. Progressive SEC. Ins. Co.

9 La.App. 3 Cir. 791 · Louisiana Court of Appeal · Apr 7, 2010

Manifest error is found only when the trial court was clearly wrong in accepting the expert’s opinion upon which it relied. … C.C.P. art 1795(B), by use of the word ‘may,’ clearly gives the trial judge discretion to determine whether to provide the jury with requested items.” Id. at 443 .

State v. Blackson

865 So. 2d 272 · Louisiana Court of Appeal · Jan 28, 2004

Clearly, the evidence required for conviction of each separate offense would not have supported a conviction for the other crime. … Clearly, under this test as well, double jeopardy safeguards are not implicated here.

McCall v. United Bonding Insurance Co.

197 So. 2d 400 · Louisiana Court of Appeal · Apr 3, 1967

Clearly, it would have been an enlargement of plaintiff’s pleadings. … The existence and extent of any acts which would tend to indicate a ratification of the agent’s unauthorized act can only be determined after all the facts have been established.

S. Coil Tubing, Inc. v. Oracle Gas, LLC

258 So. 3d 759 · Louisiana Court of Appeal · Dec 13, 2017

Further, the record must reflect that the finding is clearly wrong. Id. … We note that Delphi's involvement in this matter is not clearly explained in the record; 6 thus, there is no reasonable factual basis for this finding, and the finding is clearly wrong. See Stobart , 617 So.2d at 884 .

Menzie Tile Co., Inc. v. Professional Centre

594 So. 2d 410 · Louisiana Court of Appeal · Dec 27, 1991

The report establishes that Wamstad knew North American was the most likely candidate to replace Hambrick-Craig as general contractor. … Based on the record before us, we cannot conclude the trial court was clearly wrong in this finding. Rosell, 549 So.2d at 844 .

Street v. May

803 So. 2d 312 · Louisiana Court of Appeal · Dec 5, 2001

It is well-settled that a court of appeal may not set aside a trial court's finding of fact in custody disputes in the absence of manifest error or unless it is clearly wrong. Evans v. … She therefore qualified, as well as the Streets, as a person with whom the child lived in a wholesome and stable environment during large portions of his life. The trial court accepted Dr.

Robertson v. Hessler

2008 La.App. 4 Cir. 1212 · Louisiana Court of Appeal · Jun 3, 2009

finder’s choice between them cannot be manifestly erroneous or clearly wrong. … The Court acknowledged that no legal standard had yet been established for officers to follow when approaching a subject prior to disarming him, although a legal standard had been established for officers to follow when making

Sportsman Store of Lake Charles, Inc. v. Sonitrol Security Systems of Calcasieu, Inc.

98 La.App. 3 Cir. 851 · Louisiana Court of Appeal · Dec 23, 1998

that the finding is clearly wrong (manifestly erroneous). … Such broad overreaching language which is clearly used to take advantage of unsophisticated purchasers is not favored by this court and will be condoned, if at all, only when it is shown that all requisites are clearly met

Brown v. LHHRA

346 So. 2d 758 · Louisiana Court of Appeal · May 9, 1977

However, it is clearly established that any disciplinary action taken against a classified employee must be based on cause. … Moreover, the appointing authority did not bear the burden of establishing that the appellant's limited absence impaired its operations.

Smason v. Celtic Life Ins. Co.

615 So. 2d 1079 · Louisiana Court of Appeal · Mar 11, 1993

POLICY CONSIDERATIONS: Clearly, this holding is not intended to immunize insurance brokers from liability for every act which affects the insurer. … Although the result of this case is correct, in my opinion, the majority reasoning *1090 is too restrictive and ignores well established law.

Vaughan v. Dowling

136 So. 2d 843 · Louisiana Court of Appeal · Jan 2, 1962

A switch is located in the rear of the machine which enables the proprietor of the establishment wherein it is located to remove the number of free plays registered on the meter thereof. … Nunn initially asserted that he could convert the “Big Tent” to automatic pay- *848 answered appeal praying that amount of out in about eight hours; however, he was clearly unable to describe the method he would pursue to

Varnado v. Roadway Exp.

557 So. 2d 413 · Louisiana Court of Appeal · Jan 30, 1990

Clearly, Roadway's duties and obligations in regards to its employees is set out in this agreement. … Clearly, defendant National Medical Services, Inc. has not maintained any sufficient continuous business contacts to establish an intent to purposefully avail itself of the benefits of doing business in Louisiana.

Lann v. Davis

793 So. 2d 463 · Louisiana Court of Appeal · Aug 22, 2001

To recover for intentional infliction of emotional distress, he must establish (1) that the conduct of the defendant was extreme and outrageous; (2) that the emotional distress he suffered was severe; and (3) that the defendant … Lann's petition clearly does not make allegations sufficient meet these standards. King v. Phelps Dunbar L.L.P., 98-1805 (La.6/4/99), 743 So.2d 181 .

Savoie v. Larmarque Ford, Inc.

16 La.App. 5 Cir. 221 · Louisiana Court of Appeal · Dec 7, 2016

Du-puy, died on June 24, 2015, and that her current attorney had to “re-establish nearly eleven years of litigation without the benefit of prior counsel.” Ms. … Sa-voie stresses that she has exhibited no intent to abandon her action and cites to well-established jurisprudence that La.

State v. Bolden

519 So. 2d 362 · Louisiana Court of Appeal · Jan 20, 1988

Further support that the defendant is the child's father was provided by the scientific evidence of the blood tests, the results of which established that paternity was "extremely likely." … According to LSA-R.S. 9:397, an expert is one qualified as an examiner of blood samples for inherited characteristics.

Coppage v. Gamble

324 So. 2d 21 · Louisiana Court of Appeal · Feb 11, 1976

to the operation has not been established. … Gamble committed malpractice in either recommending or performing the surgical treatment or to establish any negligence on the part of Fairfield Hospital.

Harwell v. Harwell

245 So. 2d 434 · Louisiana Court of Appeal · Mar 2, 1971

She was in such financial condition she qualified for the federal food stamp program and was allowed to purchase a $100 certificate for groceries for the sum of $22. Mrs. … However, the trial judge is vested with much discretion in matters involving custody and alimony awards, and his decision should not be reversed unless clearly erroneous.

Carpenter v. Cox

186 So. 863 · Louisiana Court of Appeal · Dec 9, 1938

The above recited facts clearly reveal that plaintiff had an interest in discharging defendant’s portion of the indebtedness. … Corpus Juris, Vol. 37, verbo, “Limitations of Actions” § 5, states: “A wide distinction exists between pure statutes of limitation and special statutory limitations qualifying a given right.

Lewis v. Baton Rouge Oil & Chemical Workers Union

387 So. 2d 1311 · Louisiana Court of Appeal · Jul 7, 1980

A qualified privilege is granted for a publication made in good faith, on a subject matter in which the communicator has an interest or in reference to which he has a duty, and to a person having a corresponding interest … All of this is in addition to the law established by the landmark case of New York Times Co. v.