Case law

Douglas v. Haro

32 So. 2d 387 · Louisiana Court of Appeal · Nov 3, 1947

These facts, we are clearly of opinion, authorize him to maintain this action in his own right. … Counsel for plaintiff argue that the cases from Louisiana cited by them should be controlling here, and that we should follow the doctrine established in those cases in deciding this matter.

Leonard v. Ryan's Family Steak Houses, Inc.

2005 La.App. 1 Cir. 0775 · Louisiana Court of Appeal · Jun 21, 2006

To reverse the factual findings of the trier of fact, an appellate court must find (1) a reasonable factual basis does not exist in the record for the finding and (2) the record establishes that the finding is clearly wrong … Nothing in the record *411 establishes a reason why, upon seeing the out-of-place tire stop, Ms.

Augustine v. COURTNEY CONST. CO., ETC.

405 So. 2d 579 · Louisiana Court of Appeal · Oct 7, 1981

An odd lot *584 claimant need not be absolutely helpless to qualify for total disability. … We conclude that the record establishes that the trial court's finding that Safeco acted arbitrarily and capriciously in terminating payment of workmen's compensation benefits to appellee is clearly wrong. Arceneaux v.

Roque v. State

273 So. 3d 1252 · Louisiana Court of Appeal · May 15, 2019

statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Arbitrary or capricious or characterized by abuse of discretion or clearly … III, § 2101(A) (providing that "[t]he Louisiana Combined Application Project (LaCAP) is established in accordance with applicable state and federal laws"). See La.

Roque v. State

273 So. 3d 1252 · Louisiana Court of Appeal · May 15, 2019

statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Arbitrary or capricious or characterized by abuse of discretion or clearly … III, § 2101(A) (providing that "[t]he Louisiana Combined Application Project (LaCAP) is established in accordance with applicable state and federal laws"). See La.

Whitewing and Whitewing Oil Company, LLC v. Energy Drilling Company, Inc.

978 So. 2d 1256 · Louisiana Court of Appeal · Mar 26, 2008

While the actual taking of a deposition and the service of "discovery materials" are considered steps, the pertinent letter clearly qualifies as neither. See La. Code Civ. P. arts. 1421, 1438, 1446D, 1474C(4). … Therefore, we agree with the trial court's conclusion that Plaintiffs failed to establish that their actions qualified as "steps" sufficient to interrupt the abandonment period.

Stockle v. Zimmer, USA, Inc.

610 So. 2d 132 · Louisiana Court of Appeal · Feb 5, 1993

The Pathology Laboratory does not suggest that it qualifies under either category. … The record clearly establishes that as of April, 1987, plaintiff, Raymond Stockle knew that he had tested positively for the AIDS virus and that he strongly suspected the condition was directly caused by the blood transfusion

Origin Bank v. Aero, L.L.C., JPS Aviation, L.L.C., K. Paul Bullock, and Margaret L. Bullock

Louisiana Court of Appeal · Apr 10, 2024

Suretyship may be qualified, conditioned, or limited in any lawful manner. La. C.C. art. 3040. … Notes 1 and 2 clearly fall under the terms of the obligations “now existing or hereafter arising or acquired.” Therefore, the trial court erred in finding that a genuine issue of material fact existed as to K.

Crane v. Sun Oil Co.

223 So. 2d 14 · Louisiana Court of Appeal · Mar 14, 1969

Accordingly, he extended the line south this distance from the NW corner of the section thereby establishing the SW corner of the quarter section which is also the SW corner of plaintiff’s property. … The above quoted description is further qualified by the provision “with whatever title the owner may have thereto”.

Martin v. Louisiana Stadium and Exposition Dist.

349 So. 2d 349 · Louisiana Court of Appeal · Jun 7, 1977

The Abbott case is clearly distinguishable. … Clearly, this right is reserved to any legislative body. See Hainkel v.

State v. Greene

951 So. 2d 1226 · Louisiana Court of Appeal · Jan 30, 2007

At trial, the state sought to qualify Dr. Wetsman as an expert in the field of child sexual abuse and forensic pediatrics. It established that Dr. … Wetsman's qualifications and established there was no board certification for forensic pediatrics. Dr.

Carradine v. Regis Corp.

10 La.App. 3 Cir. 529 · Louisiana Court of Appeal · Nov 3, 2010

The facts clearly establish that Regis did not pay either of these claims within the time limits required by La.R.S. 23:1201(A) and (E). … As previously discussed, Louisiana jurisprudence has clearly established both that permitted breaks | ¡¡nfal! within the course of employment and that defects on the employment premises meet the “increased risk” test.

Pomares v. Kansas City Southern Ry. Co.

474 So. 2d 976 · Louisiana Court of Appeal · Jul 29, 1985

As such, it would not qualify under any of the policy definitions as an insured vehicle. … Further, the 1977 Chevrolet clearly was not a "temporary substitute automobile," because it was owned by Laws, the named insured.

State of Louisiana v. Terrence Keith Wilson

Louisiana Court of Appeal · Dec 9, 2022

This Court will not disturb the ruling of the factfinder, concerning the credibility of a witness, unless it is clearly contrary to the evidence. State v. … In the absence of a qualifying provision, the terms “intent” and “intentional” reference towards general intent. La. R.S. 14:11. Thus, a reading of La. R.S.14:35.3 in pari materia with La.

Rowan Companies, Inc. v. Louisiana State Tax Commission

623 So. 2d 159 · Louisiana Court of Appeal · Jul 2, 1993

Plaintiff claims that it prevailed in establishing a violation of the commerce clause of the U.S. … Constitution confers “rights, privileges or immunities” within the meaning of 42 U.S.C. § 1983 , suits for violation of the commerce clause may be brought under § 1983. Dennis v.

Louisiana Nat. Bank v. LaBorde

527 So. 2d 41 · Louisiana Court of Appeal · Apr 6, 1988

However, the record established that he was an appraiser of six years experience and that he had personally inspected the property. … The mere failure to type in his name in the two blank spaces, when otherwise his identity was clearly established and the statutory guidelines for the appraisal were faithfully followed, is not a fundamental defect sufficient

State v. Ladd

2013 La.App. 4 Cir. 1663 · Louisiana Court of Appeal · Jul 2, 2014

To rebut the presumption that a mandatory minimum sentence is constitutional, the defendant must clearly and convincingly show that: [he] is exceptional, which in this context means that because of unusual circumstances, … Neither factor individually or in combination defines a class of offender suffi *646 ciently narrow to qualify as exceptional.

Hackman v. Southern Farm Bureau Ins. Co.

629 So. 2d 531 · Louisiana Court of Appeal · Dec 15, 1993

Clearly, Farm Bureau had actual notice of a potential UM claim. We agree with the trial court, the amendment relates back to the original petition. … To establish a satisfactory proof of loss of a UM claim, the insured must establish that the insurer received sufficient facts which apprise insurer that (1) the owner/operator of the other vehicle involved in the accident

Kobler v. Koch

6 So. 2d 55 · Louisiana Court of Appeal · Oct 31, 1941

The range line, running north and south, that separates said Section 6 from the land immediately west of it is clearly the western boundary of the subdivision. … Hence it must be said that visible bounds of Lot 98, as originally established, actually existed at the time of defendant's purchase in 1923.

Williamson v. ST. FRANCIS CABRINI HOSP.

763 So. 2d 50 · Louisiana Court of Appeal · May 10, 2000

Chambers testified *56 that it was possible for hot oil to create a misleveling, but qualified this by stating that he had never seen hot oil cause such a problem. … Before a res ipsa loquitur instruction is given, the plaintiff must establish that the doctrine is applicable. Cangelosi, 564 So.2d 654 .