Case law

Welch v. Sterne, Agee & Leach, Inc.

879 So. 2d 368 · Louisiana Court of Appeal · Jun 30, 2004

Instead, “[t]his Court has clearly and consistently held that a party cannot be required to submit to arbitration any dispute | she has not agreed to submit.” … Additionally, “if there exists inconsistency between two clauses of a contract which cannot be reconciled, the inconsistency must be resolved in favor of the prior clause, unless an intention to thereafter qualify is plainly

Bilquist v. Custom Craft Homes, Inc.

2012 La.App. 4 Cir. 0469 · Louisiana Court of Appeal · Nov 7, 2012

Bilquist qualified those remarks. He clarified that he was unable to do any work at present until he got “fixed.” Mr. Bilquist added that he had not been able to do any work since the accident. … Our established jurisprudence has long held that under La.

Spann v. Gerry Lane Enters., Inc.

256 So. 3d 1016 · Louisiana Court of Appeal · Aug 24, 2018

The standard for determining the admissibility of expert testimony was established by the United States Supreme Court in Daubert and is now codified in LSA-C.E. art. 702, which provides: A witness who is qualified as an expert … Specifically, plaintiff argued that the granting of summary judgment was clearly contrary to the law and evidence, because there was sufficient evidence presented in opposition to the motion for summary judgment to establish

Bize v. Larvadain

263 So. 3d 584 · Louisiana Court of Appeal · Dec 28, 2018

as paupers. 10 By contrast, La.R.S. 13:4522 includes an express exception for those qualified as paupers. … As in this case, decisional law allowed the plaintiff an opportunity to qualify to proceed in forma pauperis.

Bize v. Larvadain

263 So. 3d 584 · Louisiana Court of Appeal · Dec 28, 2018

as paupers. 10 By contrast, La.R.S. 13:4522 includes an express exception for those qualified as paupers. … As in this case, decisional law allowed the plaintiff an opportunity to qualify to proceed in forma pauperis.

Carter v. Carter

813 So. 2d 1237 · Louisiana Court of Appeal · Apr 3, 2002

The first judgment purportedly declared the cessation of the community property regime and established a regime of separation of property pursuant to La. C.C. art. 2374. … The allowance for the contractual devolution of pension rights established in T.L. James has gained further approval, implicitly, by the 1981 legislative enactment of La.

Bardwell v. Faust

962 So. 2d 13 · Louisiana Court of Appeal · May 4, 2007

If the court finds that the claim was perempted prior to being filed, the panel, if established, shall be dissolved. … R.S. 37:108, we also amend the judgment to provide that the public accountant review panel, if established, be dissolved.

Kerr-McGee Corp. v. McNamara

826 So. 2d 1 · Louisiana Court of Appeal · Jun 22, 2001

The transactions at issue herein involve the sale of tangible personal property and are generally subject to taxation unless they qualify for either an exemption or an exclusion from taxation. … In our view, the purchases at issue form such an integral part of Kerr-McGee's activities in interstate or foreign commerce as to be clearly excluded from taxation pursuant to the provisions of LSA-R.S. 47:305(E).

Alvin Pete v. State of Louisiana, Department of Corrections

Louisiana Court of Appeal · May 9, 2018

The court then concluded that the facts clearly established that it was commonplace for trustees to be unsupervised and move freely about the facility. … The testimony clearly established that two guards were supposed to be on duty; however, the presence of one guard, Deputy Singleton, was never proven, leaving only Deputy Newton to supervise the trustees in the yard.

In re Harrier Trust

264 So. 3d 526 · Louisiana Court of Appeal · Jan 30, 2019

Marshall's appointment of the five co-trustees, is not available in a case where the answer to the question at issue is clearly provided by the Trust. … Marshall's appointments, asserting that the individuals chosen are not qualified and that they have ulterior motives, rendering them interested rather than disinterested parties.

McCall v. Focus Worldwide Television Network, Inc.

2012 La.App. 4 Cir. 0742 · Louisiana Court of Appeal · Jun 12, 2013

A trial court’s determination of a prescriptive period is subject to a manifest error/clearly wrong standard of review. Friel v. … An appellate court may not set aside a trial court’s finding of fact in the absence of manifest error or unless it is clearly wrong. Stobart v.

Kozlowski v. State ex rel. Department of Health & Human Resources

534 So. 2d 1260 · Louisiana Court of Appeal · May 16, 1988

, unless exception is established by legislation.” … Oth *1270 erwise, subpart (a) would have to be qualified in a manner similar to that of subpart (c).

Kezerle v. Hardware Mutual Casualty Company

198 So. 2d 119 · Louisiana Court of Appeal · Jun 9, 1967

In order to establish that the employee is the borrowed servant of another, we think it is essential for the general employer to establish, among other necessary elements of proof, that the borrowing employer exercises control … The evidence shows that plaintiff, by training and experience, is qualified to perform only manual labor, consisting principally of working as a roughneck in an oil field.

Baltazar Ortiz v. Meadwestvaco Corporation

Louisiana Court of Appeal · Jun 5, 2019

These plaintiffs did not bring claims against JVI 3 or any of its insurers as JVI enjoys workers’ compensation immunity. … Clearly, MWV did not comply with the conditions precedent recited above. “Courts have generally reviewed compliance with insurance policy provisions as a condition precedent to recovery.” Lee v.

Chauvin v. Sisters of Mercy Health System, St. Louis, Inc.

818 So. 2d 833 · Louisiana Court of Appeal · May 8, 2002

Having assumed for purposes of argument that the plaintiffs have established causation as a matter of fact, the balance of the case can be boiled down to the answer to the following two questions of law: (1) Did a cause of … Moreover, the legislature reacted quickly to overrule DeBattista : Subsequently, the legislature added Civil Code article 2322.1 and R.S. 9:2797 granting physicians, hospitals and blood banks immunity from strict tort liability

Dumas v. Angus Chemical Co.

728 So. 2d 441 · Louisiana Court of Appeal · Jan 11, 1999

A landowner, however, does not owe a duty under Article 667 to everyone: "Persons that do not qualify as proprietors, such as guests, contractors, and members of the public, may have a variety of remedies against a landowner … The trial court was clearly referring to only those claimants who factually supported a "viable" loss of consortium claim, as distinguished from claimants who simply asserted the conclusory loss of consortium.

Raymond T. Pousson v. United Parcel Service

Louisiana Court of Appeal · Dec 30, 2005

medical treatment, shall be terminated and the employee shall be subject to the terms and conditions established in the employer’s promulgated drug testing policy and program. … “In applying the manifest error-clearly wrong standard, the appellate court must determine not whether the trier of fact was right or wrong, but whether the factfinder’s conclusion was a reasonable one.”

In Re Succession of Hollis

987 So. 2d 387 · Louisiana Court of Appeal · Jun 18, 2008

Clearly Scott had an influence on her. However, Ollie's expressed intent to treat the children equally is preserved in the olographic will ratifying the donation of her stock to Scott. … Contractual fraud need only be proved by a preponderance of the evidence and may be established by circumstantial evidence. La. C.C. art. 1957.

State v. Lindsey

671 So. 2d 1155 · Louisiana Court of Appeal · Apr 3, 1996

Further, a failed identification which is not "obviously exculpatory" or "clearly supportive of a claim of innocence," but rather neutral in nature, need not be disclosed. United States v. … See Giglio, supra (promise of immunity to defendant's coconspirator); State v. Bailey, 367 So.2d 368 (La.1979) (release of witness facing felony charge from prison prior to accused's trial).

State v. Anderson

9 La.App. 5 Cir. 934 · Louisiana Court of Appeal · Mar 23, 2010

He said he was aware of defendant’s criminal history from the PSI report and that defendant clearly was in need of incarceration. … We have also considered the fact that defendant apparently used his status as a family friend and neighbor to establish his relationship with S.A.