Case law

Victus 1, Inc. v. Stocky's World Famous Pizza, Inc.

256 So. 3d 1146 · Louisiana Court of Appeal · Sep 26, 2018

A contract is formed by the consent of the parties established through offer and acceptance. La. C.C. art. 1927. … Able stated, "I have a qualified buyer willing to offer you $450k for your place. Are you interested?" Ms.

Williams v. Placid Oil Co.

16 La.App. 3 Cir. 839 · Louisiana Court of Appeal · Aug 2, 2017

I29Uncontradicted testimony at trial .established that Mr. … The deposition testimony" of Prenitiss McLeod, a Placid Oil plant supervisor con-" clusively establishes that Placid Oil had knowledge at the time Mr. | .

State of Louisiana v. Murphy Cormier General Contractors,inc.

Louisiana Court of Appeal · Jun 3, 2015

The facts of this case are clearly distinguishable from Showboat. … The Code also sets forth in La.Civ.Code art. 1927: A contract is formed by the consent of the parties established through offer and acceptance.

Denton v. Vidrine

951 So. 2d 274 · Louisiana Court of Appeal · Dec 28, 2006

DAMAGES (Assignment of Error No. 4) DOTD argues on appeal that the evidence did not establish that Mr. … In order to reverse a fact finder's determination of fact, an appellate court must find from the record that a reasonable factual basis does not exist for the finding and that the record establishes that the finding is clearly

Moorehouse v. Gallow

156 So. 2d 62 · Louisiana Court of Appeal · Jul 1, 1963

Alvin Doyle, Jr., who gave his occupation as an automobile consultant and accident analyst and who one of the plaintiffs attempted to have qualified as an expert witness, which was denied *65 by the Trial Judge. … It is the opinion of this Court that this case clearly comes within the principles set forth in Guidry v.

Barriere Const. v. Tangipahoa Parish Gov't

985 So. 2d 80 · Louisiana Court of Appeal · Mar 5, 2008

Barriere avers that while the district court and the Parish are correct that public property and public funds of a political subdivision are not subject to seizure to satisfy a judgment, [2] that does not immunize such entities … However, in Fontenot, supra, the Louisiana Supreme Court has clearly held that plaintiff is entitled to conduct a judgment debtor examination under the circumstances we find here.

Hayes v. Entergy Corp.

850 So. 2d 916 · Louisiana Court of Appeal · Jun 25, 2003

The testimony of Brooks established that it was quite possible that the shear head pulled the wire down. … It is undisputed that Hayes made the unfortunate decision to unload a piece of machinery that he was not qualified to drive under an electric wire when he could have safely unloaded it in the clearing across the street.

State v. Haley

222 So. 3d 153 · Louisiana Court of Appeal · May 24, 2017

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 … Thomas testified to establish the chain of custody of the cellphone and laptop recovered by Ofc. Dupree from Haley’s vehicle. A copy of Sgt.

Amlani v. McGee

13 La.App. 3 Cir. 950 · Louisiana Court of Appeal · Apr 2, 2014

Tekell was qualified as an expert in accident reconstruction. His key findings were that the point of impact was in the eastbound lane of travel, in which Mr. McGee had the right of way. He stated that Mr. … The jury clearly did not find Mr. McGee’s testimony believable.

Shaw v. Caddo Parish School Bd.

347 So. 2d 39 · Louisiana Court of Appeal · May 23, 1977

Jefferson Parish School Board, 206 La. 317 , 19 So.2d 153, 167-8 (1943), the Supreme Court said: "There is nothing more firmly established in law than the principle that, within the limits of their authority, the power and … The School Board cannot arbitrarily or unreasonably deny a sabbatical leave to a teacher who qualifies under the statute, nor arbitrarily or unreasonably terminate a leave previously granted.

Dexter Johnson Versus Madeline Jasmine - Individual Capacity

Louisiana Court of Appeal · Jan 29, 2020

Johnson’s petition, on its face, clearly alleges that the behavior complained of occurred while Judge Jasmine was acting in her judicial capacity. Mr. … Deciding whether a petitioner has established a prima facie case is an exercise of discretion, and public officials are immune from liability for discretionary acts “when such acts are within the course and scope of their

Batiste v. Dunn

2010 La.App. 1 Cir. 1812 · Louisiana Court of Appeal · Jun 10, 2011

Although Louisiana’s public policy strongly favors UM coverage and a liberal construction of |sthe UM statute, it is well-settled that a person who does not qualify as a liability insured under a policy of insurance is not … Thus, the argument that someone is insured for UM coverage simply because they occupy an insured vehicle and sustained injury due to an uninsured motorist is clearly contrary to well-established law.

Jones v. Brown

799 So. 2d 1278 · Louisiana Court of Appeal · Nov 16, 2001

Domicile is a person’s principal domestic establishment, as contrasted to a business establishment. A man and wife are presumed to have the | gsame domicile. Robinson v. … This is where his family is established. Despite his frequent absences from home and his business in Baton Rouge, the evidence does not prove that he has any other domestic residence. Clearly, Mr.

Miller v. Loyola University of New Orleans

829 So. 2d 1057 · Louisiana Court of Appeal · Sep 30, 2002

DISCUSSION Dismissal of a claim is justified only when the allegations of the petition itself clearly show that the plaintiff does not state a cause of action. Farmer v. Marriott Int'l, Inc., XXXX-XXXX, p. 2 (La. … Judicial oversight as to the reasonableness and quality of education would be an immense effort without ascertainable or clearly definable standards.

LOCAL 100, SVC. EMP. INTERN. UNION v. Smith

830 So. 2d 417 · Louisiana Court of Appeal · Oct 23, 2002

BPSB's policy manual regarding personnel records states that "all information contained in each employee's personnel file shall be considered confidential and shall not be transmitted to persons or agencies other than qualified … If a resume or application contains facts which would expose the applicant to public disgrace, are clearly private in nature, or are protected by law from disclosure, then that resume or application, or the private matters

Fussell v. LA. BUSINESS COLLEGE OF MONROE

519 So. 2d 384 · Louisiana Court of Appeal · Jan 20, 1988

It was established that plaintiff, on one occasion, briefly allowed a tape recorder to play in a classroom. … We must conclude that the trial court's finding that plaintiff's suspension was justified is clearly wrong.

Whiddon v. Livingston Parish Council

809 So. 2d 421 · Louisiana Court of Appeal · Sep 28, 2001

An employee in a workers' compensation action has the burden to establish a causal link between the work-related accident and the subsequent disabling condition. … The court in Chaisson concluded that in order for hearsay evidence to qualify as "competent evidence," the evidence must have "some degree of reliability and trust-worthiness" and be "the type that reasonable persons would

Red River Realty, Inc. v. Relmm Corp.

372 So. 2d 792 · Louisiana Court of Appeal · Jun 12, 1979

Defendant offered testimony of a highly qualified expert appraiser who testified the existence of defendant’s pipeline adjacent to plaintiff’s subdivision would have no effect upon the value of the plaintiff’s lots because … Id. p. 98 Hero requires plaintiff’s cause of action be established by convincing evidence.

State of Louisiana v. Trae Williams

Louisiana Court of Appeal · Sep 25, 2019

Thus, we will only tread on a jury's presumed acceptance of a witness's testimony when that testimony is implausible or clearly contrary to the evidence. … “In determining whether a statement qualifies as a present sense impression exception to the hearsay rule, the critical factor is whether the statement was made while the declarant was perceiving the event or immediately

Federated Rural Electric v. Simmons

568 So. 2d 644 · Louisiana Court of Appeal · Oct 3, 1990

Plaintiffs appealed urging, in essence, that the trial court’s factual findings and conclusions of law are clearly erroneous. … The testimony establishes that Simmons failed to pursue the openings which Sutton claimed to have found.