Case law

Engineering Dynamics, Inc. v. Massachusetts Institute of Technology

917 So. 2d 1168 · Louisiana Court of Appeal · Nov 29, 2005

Both parties point to the contract between them as evidence to establish or *1172 defeat personal jurisdiction. … MIT’s affidavit clearly stated that its technology office did not advertise or promote the sale or licensing of its technologies in Louisiana.

Matherne v. Response Instrument Service & Engineering Corp.

533 So. 2d 1011 · Louisiana Court of Appeal · Oct 12, 1988

A qualified privilege exists whenever a defamatory communication is made: (1) in good faith, (2) on a matter in which the person making the communication has an interest or with regard to which he has a duty, or (3) to a … Under these circumstances, we believe Response Instrument was clearly entitled to the injunction issued by the trial court. For the above reasons, each of the judgments appealed from are affirmed.

Qayyum v. MOREHOUSE GENERAL HOSP.

874 So. 2d 371 · Louisiana Court of Appeal · May 12, 2004

PMC was responsible for staffing the clinic with other qualified physicians during those times Dr. Qayyum was not available. … Whether PMC was an employee of Morehouse must be judicially determined based upon well-established jurisprudential factors. Powell v. Fuentes, supra.

Ruston State Bank & Trust Co. v. Crystal Oil Co.

463 So. 2d 860 · Louisiana Court of Appeal · Jan 23, 1985

Crystal then secured Office of Conservation Orders and established drilling units on the tract in August and December, 1982. One of these wells is currently in production. … Our jurisprudence clearly holds that an effective judgment cannot be had against a potential defendant who was not joined in the suit. See LSA-C.C.P. art. 641; Gajan v.

Frederick v. Woman's Hosp. of Acadiana

626 So. 2d 467 · Louisiana Court of Appeal · Nov 3, 1993

We cannot say that the triers of fact were clearly wrong in determining, consistent with the opinions expressed by several witnesses, that young Adrien would have been no better off had she been delivered immediately upon … The trial court must consider whether the videotape accurately depicts what it purports to represent, whether it tends to establish a fact of the proponent's case, and whether it will aid the jury's understanding.

Boren v. Taylor

206 So. 3d 892 · Louisiana Court of Appeal · Oct 26, 2016

The statute clearly, and with painstaking precision, limits the exception to “an individual in custody after sentence following a felony conviction who has exhausted his appellate remedies.” La.R.S. 44:31.1. … Tr. 208-210. (4) A typed list of the qualified jurors remaining after voir dire. App. 287-290.

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.

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 .

Successions of Powell

64 So. 3d 267 · Louisiana Court of Appeal · Mar 29, 2011

Norton to first deplete her own assets before invading the principal of the trust established for her benefit. … Powell clearly abused his discretion in invading the principal of Mrs. Powell’s Trusts because he clearly had no needs relative to his “health, maintenance, support and education.”

Harris v. Olivier's Contractors

14 La.App. 3 Cir. 765 · Louisiana Court of Appeal · Dec 10, 2014

mind that under the scheme of the Workers’ Compensation Act, an employee losses his right to full damages for his injury and instead receives compensation measured as a percentage of wages while the employer surrenders the immunity … It would be |4ridiculous for an employee to establish the negligence of the employer when the employee has already pursued his workers’ compensation action in the Office of Workers’ Compensation, established his rights to

Bridges v. Cepolk Corp.

13 La.App. 3 Cir. 1051 · Louisiana Court of Appeal · Feb 12, 2014

“Exemptions from taxation are to be strictly construed against the person claiming the exemption[,] and they must be clearly and affirmatively established.” Bill Roberts, Inc. v. … Exemptions from taxation are to be strictly construed against the person claiming the exemption and they must be clearly and affirmatively established. Cajun Electric Power Cooperative, Inc. v.

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.

Gracianette v. Emeril's Restaurant

99 La.App. 4 Cir. 0981 · Louisiana Court of Appeal · Apr 5, 2000

The Second Circuit noted that subpart (aa) does not qualify or limit how the wage basis is to be made to calculate the Supplemental Earnings Benefits mandated by LSA-R.S. 1221(3) for an employee in this particular type of … that the finding is clearly wrong (manifestly erroneous).

Bernstine v. Textron, Inc.

546 So. 2d 614 · Louisiana Court of Appeal · Jun 28, 1989

Homelite clearly did not install a chain brake on this saw; this is not a situation where a third party may have removed a safety device. … The plaintiffs expert was eminently qualified in the fields of safety and design engineering. However, his expertise on chain saws is academic.

Aaron's, Inc. v. Norman S. Foster, Director of Finance and Ex-Officio Tax Collector of Orleans Parish; Errol G. Williams, Assessor for Orleans Parish; And the Louisiana Tax Commission

Louisiana Court of Appeal · Sep 25, 2019

Hester, 219 La. 763, 54 So. 2d 12 (La. 1951),1 we find a plain reading of the constitutional provision intended that the owner of the personal property is the party required to use the item in his/her home in order to qualify … This sentence clearly demonstrates that the legislature intended that rental-purchase agreements be deemed sales for state and local sales tax purposes.

Gordon v. Southern United Fire Ins. Co.

95 La.App. 4 Cir. 2388 · Louisiana Court of Appeal · Aug 21, 1996

Gordon clearly and unambiguously rejected UM coverage and the UM rejection form was valid. … Gordon's finances, we do not know if he could have qualified for financing if an additional amount for a UM premium had been added to the $700.00 total.

State v. Vidrine

2008 La.App. 3 Cir. 1059 · Louisiana Court of Appeal · Apr 29, 2009

In the case of sexual offenses, the testimony of the victim alone can be sufficient to establish the elements of a sexual offense, even where the State does not introduce medical, scientific or physical evidence to prove … In reviewing the decision of the trial court to qualify a witness as an Inexpert, the appellate courts will also consider whether a witness has previously been qualified as an expert.

State v. Joseph

916 So. 2d 378 · Louisiana Court of Appeal · Nov 2, 2005

The facts, as stated at the time the guilty plea was entered, clearly support the plea of guilty to the charge of aggravated burglary. … Charging the defendant with both aggravated burglary and armed robbery, based upon the same set of facts, clearly violates the "same evidence" test as set forth in Crosby and Steele .

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.

Phillip Family L.L.C. v. Bayou Fleet Partnership

12 La.App. 5 Cir. 565 · Louisiana Court of Appeal · Feb 21, 2013

by the evidence and clearly contrary to the testimony provided at trial.” … The testimony presented at trial clearly established that the highest and best use of this property includes barge fleeting.