Case law

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. 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.

MK International, Inc. v. Central Oil & Supply Corp.

87 So. 3d 165 · Louisiana Court of Appeal · Feb 29, 2012

James Moore, former president of Moore Oil Company, testified on behalf of Central Oil and was qualified as an expert in petroleum products, marketing and distribution. … The trial court’s conclusion regarding the existence of a contract is a finding of fact which may not be disturbed on appeal unless it is found clearly wrong. Id.

Lacassane Co. v. Jardin Minerals Co.

847 So. 2d 704 · Louisiana Court of Appeal · May 28, 2003

Unless expressly qualified by the parties, a royalty is a right to share in gross production free of mining or drilling and production costs. La.R.S. 31:80. . … A reading of all of the articles in that title, particularly Articles 813 through 815 show clearly that Article 812 contemplates a real right which burdens the entire thing held in indivisión.

Ellis v. Whitmeyer

183 So. 77 · Louisiana Court of Appeal · Jun 1, 1938

“There is little conflict in the testimony of the witnesses and the facts of the case are rather well and clearly established. … “The facts of all of these cases are clearly distinguishable from the one at bar.

Pierce v. Tom Fullilove Construction Co.

892 So. 2d 757 · Louisiana Court of Appeal · Jan 26, 2005

Nothing herein shall be construed to prevent any employer from carrying his own insurance towards his own employees; nothing herein shall apply to an employer qualified under the laws of this state to engage in the liability … Pierce to Fullilove does not clearly show that Mr. Pierce excluded himself from his compensation insurance policy.

William S. Walker v. Anco Insulations, Inc.

Louisiana Court of Appeal · May 3, 2023

Walker’s immune system will eventually stop responding positively to the immunotherapy treatment. … C.C. art. 2317 imposes responsibility for damage caused by things in our custody.19 To establish liability, pursuant to La.

Daigrepont v. Ducote

7 La.App. 3 Cir. 28 · Louisiana Court of Appeal · May 2, 2007

“Mandamus is an extraordinary remedy, which must be used sparingly by the court and only to compel action that is clearly provided by law.” Smith v. Ruston Fire & Police Civil Serv. … She was otherwise qualified. She is therefore appointed. Although at trial there was lengthy discussion regarding the definition of “block by block,” we need not make that determination.

Arthur Froeba, III and Brooke Thompson v. Constable Donald Marshall

Louisiana Court of Appeal · Feb 21, 2025

Nevertheless, while the intention of Article 561 is not to dismiss actions as abandoned based on technicalities, abandonment is warranted where the plaintiff's inaction during the three-year period has clearly demonstrated … Despite Marshall' s argument that the plaintiffs' motion to recuse was untimely and frivolous and therefore should not qualify as a step in the prosecution of the action, Article 561 contains no such requirement

Dunham v. Dunham

467 So. 2d 555 · Louisiana Court of Appeal · Feb 22, 1985

Bayou Vista Manor, Inc., 371 So.2d 1146 (La.1979), enable us to reverse the finding of fact without first establishing that the trier of fact was clearly wrong. … However, because an appellate court must remand the case for joinder of the indispensable party and retrial, the classification should be applied "only after facts clearly establish that no complete and equitable adjudication

Kristy Bailey v. David R. Leblanc

Louisiana Court of Appeal · Nov 12, 2014

The record establishes that the jury’s finding on this issue was clearly erroneous. … Again, the record establishes that the jury’s finding on this issue was also clearly erroneous.

Bowab v. St. Paul Fire and Marine Ins. Co.

152 So. 2d 66 · Louisiana Court of Appeal · Jun 14, 1963

Upon this principle are established the following rules: * * * * * * "Second—That courts are bound to give legal effect to all such contracts according to the true intent of all the parties; "Third—That the intent is to be … Neither the majority *74 nor dissenting opinions noted this uncontradicted testimony, showing that the wheel which exploded was still clearly part of the insured vehicle.

State v. Alexander

875 So. 2d 853 · Louisiana Court of Appeal · May 19, 2004

Prejudice is established by a showing that there is a reasonable probability that but for defense counsel's errors, the defendant would have been acquitted. Id. … Clearly, counsel's trial strategy was to introduce the defendant's testimony at trial in an attempt to raise reasonable doubt as to whether it was the defendant or "Tony" who sold the crack cocaine to Detective Adams.

Ruebush v. Office of Risk Management

14 La.App. 3 Cir. 1107 · Louisiana Court of Appeal · Apr 8, 2015

He reported that, on this first visit, his diagnosis “was qualified as complex regional pain syndrome of Type 1 of the upper [left] limb, as well as |,.¡chronic pain due to trauma.” … In this case, the occurrence of the work-related accident was established by stipulation and is not now at issue. Rather, the employer questions the workers’ compensation judge’s reliance on Dr.

Reginald Phillips v. City of Crowley

Louisiana Court of Appeal · Jun 19, 2013

The record established there were several incidents of domestic abuse situations between the parties. … 12/19/07), 972 So.2d 461, writ denied, 08-0198 (La. 3/28/08), 978 So.2d 307, cited by the majority, because in that case, based upon her battered physical condition and her verbalization of her fear, the officer was clearly

Gibson v. Nat'l Healthcare of Leesville, Inc.

270 So. 3d 664 · Louisiana Court of Appeal · Mar 7, 2019

"The burden of establishing the statutory criteria have been satisfied falls on the party seeking to maintain the class action." Id. … Gibson failed to establish that the class is so large that joinder would be impractical.

Kent Louis Kramer, Jr. v. Petroleum Helicopters, Inc.

Louisiana Court of Appeal · Nov 26, 2008

Agarwal was clearly an expert in that field and to disregard his testimony as such was a mistake that led to the erroneous decision of the trial court to grant ECD’s motion. … Agarwal was qualified, and the defendants conceded this point. Likewise, the third prong of the test was clearly met as the trial court stated in its reasons for judgment that he had qualified Dr.

West v. G & H SEED CO.

832 So. 2d 274 · Louisiana Court of Appeal · Aug 28, 2002

"The class need not be so clearly defined that every class member can be identified at the commencement of the action." Duhe, 779 So.2d at 1080 . … Aventis suggests that the trial court disregarded the fact that the evidence only established injured parties in three parishes, and erroneously granted a state-wide class in violation of the rule that "[t]he establishment