Case law

CLECO EVANGELINE, INC. v. Louisiana Tax Com'n

808 So. 2d 740 · Louisiana Court of Appeal · Nov 16, 2001

R.S. 49:964(F) confines judicial review to the record established in the administrative proceedings, in this instance before the LTC. La. … The LPSC determined that the Cleco Evangeline property should not be included in the valuation of the rate base for the regulated entity, Cleco Utility Group, Inc. [3] Neither party has suggested that the qualifying words

Denbury Onshore, L.L.C. v. Pucheu

8 La.App. 3 Cir. 1210 · Louisiana Court of Appeal · Mar 11, 2009

A stipulation pour autrui is never presumed, and the intent to benefit a third party must be clearly manifested in the contract. Joseph v. Hosp. Serv. Dist. No. 2 of Parish of St. … Where business records are concerned, as in the present case, the courts have deemed La.C.C.P. art. 967 satisfied when the affiant is qualified to identify the business records as such.

Madison v. Stack

978 So. 2d 1257 · Louisiana Court of Appeal · Mar 26, 2008

"Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence. Thibodeaux v. … that the factfinder is clearly wrong or manifestly erroneous.

Wallace C. Drennan, Inc. v. Sewerage & Water Bd.

798 So. 2d 1167 · Louisiana Court of Appeal · Oct 3, 2001

Section 5-01 of the S & WB DBE program specifications provides in pertinent part: ... the Sewerage and Water Board of New Orleans has established a race and gender-neutral disadvantaged Business Enterprise Plan. … The Louisiana Supreme Court stated: Since the City failed to comply with its obligation to award the contract within the 30-day period, a mandamus action to compel the public entity to award the contract to the lowest qualified

Catanese v. Louisiana Gaming Control Bd.

712 So. 2d 666 · Louisiana Court of Appeal · May 15, 1998

or statutory provisions; (2) in excess of the agency's statutory authority; (3) made upon unlawful procedure; (4) affected by other error of law; (5) arbitrary, capricious, or characterized by an abuse of discretion or clearly … NOTES [1] By Act 7 of the First Extraordinary Session of 1996, the Louisiana legislature enacted the provisions of LSA-R.S. 27:1 et seq., effective May 1, 1996, which established the Louisiana Gaming Control Board as the

Brandi Billeaudeau v. Opelousas General Hospital Authority

Louisiana Court of Appeal · Feb 7, 2018

(4) That the purpose of this Section is not to reestablish any immunity based on the status of sovereignty but rather to clarify the substantive content and parameters of … Stat. 13:5106(B)(1) unconstitutional, holding the $500,000.00 cap on general damages in a personal injury suit against the State contravened the proscription against sovereign immunity from tort liability provided for in

Sharon Marie Jenkins Hayes Versus Paul C. Hayes

Louisiana Court of Appeal · Dec 2, 2020

Hayes’ WalMart 401K retirement plan submitted, but the Partition of Community Property Agreement signed by both parties clearly established that Mrs. Hayes was entitled to 100% of her WalMart 401K. … Hayes has failed to establish that the Qualified Domestic Relations Orders signed by the trial court should be vacated. Accordingly, we affirm the trial court’s ruling denying Mr.

Jason v. Louisiana Municipal Risk Management Agency

9 La.App. 3 Cir. 699 · Louisiana Court of Appeal · Dec 16, 2009

Partington’s testimony established that MRIs are not 100% accurate. While false positive rates for MRIs may be “small” and even “tiny,” the evidence does not establish that Dr. Williams’ interpretation of Mr. … Jason is aided in establishing his claim by a presumption of causation because the evidence establishes that he was in good health before the accident, but after the *335 accident he began experiencing symptoms indicative

Duane v. Toye Bros. Yellow Cab Company

148 So. 2d 451 · Louisiana Court of Appeal · Jan 7, 1963

In this case, however, as I view the evidence, the taxicab driver cannot qualify under the prudent driver rule. … This action must be followed by a careful appraisal of traffic on the right of way street and no entry should have been made therein unless conditions clearly warranted it. Harrell v.

State v. Rhodes

552 So. 2d 585 · Louisiana Court of Appeal · Nov 1, 1989

Identification need not be absolute, certain or wholly qualified. Where there is some evidence for identification purposes, objection to the sufficiency goes to the weight rather than admissibility. … Such credibility determinations are well within the jury’s province and will not be disturbed on appeal, as they are not clearly contrary to the evidence. State v. Scott, supra.

Clarkston v. LA. FARM BUREAU CAS. INS. CO.

989 So. 2d 164 · Louisiana Court of Appeal · Jul 2, 2008

LIABILITY It is well settled that an appellate court may not disturb a trial court's findings of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly … To establish such, the Clarkstons must sustain their burden under La.

Wilson v. Department of Property Management

2016 La.App. 4 Cir. 1124 · Louisiana Court of Appeal · May 10, 2017

This Court must review the Commission’s finding of facts pursuant to the clearly wrong or manifest error standard. Id., 00-1034, pp. 4-5, 791 So.2d at *148 790-791 ; see also Vara v. … However, this case is adverse to the DPIVFs assertion because the court in Strickland stated: The plain meaning of this regulation [ 29 C.F.R. § 825.207 (f)] 3 is that an employee who has an FMLA-qualifying condition may

Morrison v. Kappa Alpha Psi Fraternity

738 So. 2d 1105 · Louisiana Court of Appeal · May 7, 1999

Considering the above, we cannot say the jury was clearly wrong or manifestly erroneous. … Just as the evidence in Walker, supra, established that the National Fraternity clearly prohibited hazing, the record in the instant case reveals that Kappa National clearly prohibits hazing and has done so since 1949.

State v. Duncan

2011 La.App. 4 Cir. 0563 · Louisiana Court of Appeal · May 2, 2012

Breaux while engaged in the perpetration or attempted perpetration of an armed robbery — had been established. … C.E. art. 801(D)(1)(c) and was clearly admissible as substantive evidence. Det.

King v. King

136 So. 3d 941 · Louisiana Court of Appeal · Feb 26, 2014

Tamra undertook steps to qualify for Social Security disability benefits and Medicare. At some point, Tony filed for bankruptcy. The parties were eventually divorced on February 17, 2013. … The award of $421.58 in this case clearly is not excessive whether computed on Tony’s net income or his claimed disposable income.

Norred v. Commercial Union Ins. Co.

526 So. 2d 829 · Louisiana Court of Appeal · May 4, 1988

Where an insurer defends on the ground of cancellation, the insurer carries the burden of establishing the facts which relieve or limit its liability. Skipper v. Federal Ins. … Our review of the record indicates that the trial court was not clearly wrong in finding that plaintiff had sufficient notice that the binder would terminate on March 27, 1986.

State v. Lawrence

752 So. 2d 934 · Louisiana Court of Appeal · Dec 1, 1999

The evidence thus establishes that although Dr. … In the instant case, the evidence clearly establishes that Mr.

State v. Johnson

438 So. 2d 1221 · Louisiana Court of Appeal · Oct 12, 1983

The trial court has wide discretion in the evaluation of the attributes required to qualify a prospective juror. State v. Webb, 364 So.2d 984 (La.1978). We find no abuse of that discretion. … ASSIGNMENT OF ERROR NO. 10 Defendant wished to call two witnesses, one to establish that Ross Fremin used "force, mace and ... physical violence" on a shoplifter previously, and the other to establish that David Fremin threatened

State v. Ramsdell

949 So. 2d 508 · Louisiana Court of Appeal · Dec 27, 2006

The owner does not need to be qualified as an expert in order to testify as to the value of the thing owned by him. State v. Dilworth, 358 So.2d 1254, 1256-1257 (La.1978). In State v. … The verdict form and transcript clearly indicate that the defendant was convicted of theft of property valued at $500 or more.

Chavis v. Northrop Grumman Corp.

1 La.App. 3 Cir. 175 · Louisiana Court of Appeal · Oct 17, 2001

Gorin, we believe that a psychiatrist is more qualified to make that determination. Dr. … We find that the record establishes that Ms.