Case law

Terre Aux Borufs Land v. JR Gray Barge

803 So. 2d 86 · Louisiana Court of Appeal · Nov 14, 2001

In an effort to establish a prior course of dealings with Henry's, Gray offered evidence, including Mr. … However, the evidence in this case clearly demonstrates that Henry's never gained the "possession, command, and navigation" of the vessel necessary to qualify it as the bareboat charterer. Mr.

Blount v. Exxon Corp.

395 So. 2d 355 · Louisiana Court of Appeal · Jan 26, 1981

Blount, and therefore immune under Louisiana's workmen's compensation laws from suit in tort. The trial court sustained Exxon's motion for summary judgment and ruled that Exxon was the plaintiff's statutory employer. … The court mentioned the "well established ... general rule" that routine repairs and maintenance, as compared to new or additional construction, are part of the regular business of a manufacturing plant.

State v. Solomon

634 So. 2d 1330 · Louisiana Court of Appeal · Mar 2, 1994

The fact that Solomon was handcuffed does not, in and of itself, establish that an "arrest" occurred at that moment. … It is not necessary that the investigating officer establish that it was more probable than not that the detained individual was armed and dangerous; it is sufficient that he establish a `substantial possibility' of danger

Exxon Pipeline Co. v. LeBlanc

763 So. 2d 128 · Louisiana Court of Appeal · Jun 23, 2000

We find no error in the trial court's conclusion that Russell was qualified to testify on the value of the expropriated property as an expert real estate appraiser. 3. … Mounger, 447 So.2d 1104, 1109-10 (La.App. 1st Cir.1984) (establishing that value is determined after a conclusion of the highest and best use of property).

Pareti v. Pennsylvania General Insurance Co.

519 So. 2d 225 · Louisiana Court of Appeal · Jan 11, 1988

Nevertheless it interpreted the above identical phrase as “not qualified, limited or restricted in any manner whatsoever.” Id. at 733 . Furthermore, a limitation in an insurance contract must be free of ambiguity. … We are also mindful of the well-established rule in Louisiana “that the duty of an insurer to defend its insured is broader than its liability for damage claims.” Reichert, supra at 733 .

State v. Martin

115 So. 3d 750 · Louisiana Court of Appeal · May 15, 2013

Where the record clearly shows an adequate factual basis for the sentence imposed, remand is | Sunnecessary even where there has not been full compliance with La. C. Cr. P. art. 894.1. State v. … At the time of sentencing, Martin qualified as a fourth felony offender.

Suire v. Miller

363 So. 2d 945 · Louisiana Court of Appeal · Oct 13, 1978

Secondly, the obligation under Article 224 is established in proportion to the child's revenue, whereas that of Article 227 is proportionate to the parent's resources. … Dawn Suire Miller qualifies for an award of support from her father under the authority of Article 229. She is clearly in necessitous circumstances, for she has no means or income.

City of Alexandria v. Lafayette Surgical Hospital, L.L.C.

6 La.App. 3 Cir. 1346 · Louisiana Court of Appeal · Mar 7, 2007

Were this a claim by Officer Tigner against the defendant health care providers, it would clearly be subject to the medical review panel requirements of La. R.S. 40:1299.47, which provides in pertinent part: |SA. … Additionally, La.R.S. 40:1299.39(A)(5) defines “representative” extensively, but in such a manner that the City would not qualify.

Angelo Iafrate Construction, L.L.C. v. State ex rel. Department of Transportation & Development

2003 La.App. 1 Cir. 0892 · Louisiana Court of Appeal · May 14, 2004

There was no intent on the part of the legislature to qualify, in any way, the right of access. … Clearly, under established Louisiana jurisprudence, private employees’ names and addresses in the custody of a public agency are not afforded constitutional protection when disclosure is sought under the Act.

McMillan v. City of Monroe

108 So. 3d 869 · Louisiana Court of Appeal · Jan 16, 2013

Given that they did not have heart problems until their 80s, McMillan did not believe that his parents’ fatal heart attacks qualify as a risk factor. … a finding that is clearly wrong.

Hadrick v. Diaz

302 So. 2d 345 · Louisiana Court of Appeal · Oct 14, 1974

The record does not clearly explain just how steam is employed. … As noted previously, Diaz was given on the job training which qualified him to fill and hold the position through two grinding seasons without incident.

State v. Bibb

626 So. 2d 913 · Louisiana Court of Appeal · Nov 10, 1993

A preponderance of the evidence properly introduced at trial clearly established that the defendant was legally insane at the time of the offense. 12. … Specifically, he argues that a preponderance of the evidence clearly established that he was legally insane at the time of the offenses.

State v. Holmes

462 So. 2d 286 · Louisiana Court of Appeal · Apr 12, 1985

One is the test established in Blockburger v. … Furthermore, the gravamen of the crime of aggravated battery is clearly not essentially included within the offense of simple arson.

STATE THROUGH DEPT. OF HIGHWAYS v. LeBlanc

388 So. 2d 412 · Louisiana Court of Appeal · Jul 7, 1980

The Court recognizes the fact that it cannot substitute its opinion for that of the experts under review, but the jurisprudence has established the right of the trial court to determine severance damages in an amount to which … The opinions of qualified experts should be given weight and effect where they are well grounded in sincerity and logic. State, through Department of Highways v. Ragusa, 234 La. 51 , 99 So.2d 20 (1958).

Webb v. Webb

238 So. 3d 566 · Louisiana Court of Appeal · Jan 24, 2018

Webb would occupy the home, and clearly agreed to defer the issue of rental reimbursement to trial. … DeRouen testified that he has testified in "hundreds" of divorce cases and has qualified as an expert in all five Louisiana appellate jurisdictions. Mr.

City of New Orleans v. Board of Directors of Louisiana State Museum

97 La.App. 4 Cir. 1574 · Louisiana Court of Appeal · Mar 11, 1998

Also, the court concludes that the CNO home rule charter includes the power of immunity. … Therefore, the court concluded that the CNO’s powers of initiation and immunity do not necessarily abridge the police power of the state.

Belle Pass Terminal, Inc. v. Jolin, Inc.

634 So. 2d 466 · Louisiana Court of Appeal · Mar 11, 1994

finding is clearly wrong. … Assuming that these factual allegations are true and could be established at trial, the law clearly affords a remedy.

Smith v. Juneau

692 So. 2d 1365 · Louisiana Court of Appeal · Apr 9, 1997

The evidence clearly establishes the nurses never inspected plaintiff's skin under the sling. … They clearly are relevant to the issue of damages.

Terry and Shannon Jeansonne v. New Horizon Kids Quest, Inc.

Louisiana Court of Appeal · Mar 24, 2004

While there is some support for a waiver of immunity by the Tribe in the Tribal-State Compact, that support is too ambiguous. A waiver of immunity must be clearly expressed and unequivocal. Kiowa Tribe of Oklahoma v. … Rather than remand for a full hearing to establish the relationship of the parties, I would reverse and render judgment.

Barrett & Barrett, Cpas, Apc and Robert C. Barrett, Jr., Cpa v. the State Board of Certified Public Accountants of Louisiana, Darla M. Saux, Cpa, Michael A. Tham, Cpa, Michael Bergeron, Cpa, Michael B. Bruno, Cpa, Mark P. Harris, Cpa, Desiree W. Honore, Cpa, Letti Lowe-Ardoin, Cpa and Lisa Benefield, Compliance Investigator

Louisiana Court of Appeal · Nov 27, 2019

Given that the Board had immunity from personal liability, the trial court granted the Defendants’ exception of no cause of action and dismissed the individual claims against the Board members. … (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