Case law

Angela Thomasee v. Jason Thomasee

Louisiana Court of Appeal · Oct 12, 2022

Angela argues that Claiborne’s opinion was the only expert opinion offered to establish the value of Thomasee Adjusters. … In fact, even though he answered that no one could just come in and take over his business, he added the qualifier “unless they pay me.”

State v. Little

174 So. 3d 1219 · Louisiana Court of Appeal · Aug 12, 2015

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … Despite Little’s denial of any involvement in the crime, the jury clearly chose to credit the testimony of the other witnesses that refuted his claims.

Day v. National-US Radiator Corporation

117 So. 2d 104 · Louisiana Court of Appeal · Oct 15, 1959

Cecelia LeBlanc Day, the duly qualified natural tutrix of her minor children, Judy Dianne Day and Randall Joseph Day, seeks to recover the sum of $255,058.28, individually, and the sum of $155,600 for the use and benefit … The record clearly establishes the engineer was never advised of the completion of the system and had not been requested by the architect to make any inspection whatsoever.

Thomas J. Bell, Sr. v. the City of Lake Charles

Louisiana Court of Appeal · Apr 19, 2017

The testimony established that the overtime system in the LCPD was based on the honor system; a supervisor had to assume that the requesting employee qualified for overtime because the supervisor had no way to verify the … of exceeding his authority in regards to Blaney’s school attendance, his basis for termination was the fact that Bell allowed Blaney to report and receive payment for regular hours and overtime that she did not work or qualify

Pontchartrain Natural Gas Sys. v. Tex. Brine Co.

264 So. 3d 545 · Louisiana Court of Appeal · Oct 11, 2018

P. art. 1915(A)(3) and well-established jurisprudence. In Estate of Kirsh v. Blanchard, 2011-1835 (La. … In this case, the summary judgment that was rendered does not qualify as an Article 966(E) judgment, because all of the principal demand claims of Pontchartrain against Zurich were dismissed with prejudice.

Green v. Beauregard Federal Savings Bank

604 So. 2d 1351 · Louisiana Court of Appeal · Jul 6, 1992

In addition to the reasons given for the general policy against recovery based on negligence, Id. p. 1001, there are strong reasons that corporate officers should enjoy immunity from liability for negligent contractual interference … For these reasons we have no hesitancy in finding that the jury committed manifest error and were clearly wrong in their findings that Middleton and Green tortiously interfered with any contract relations with BFSB.

Creighton v. Evergreen Presbyterian Ministries, Inc.

2015 La.App. 1 Cir. 1867 · Louisiana Court of Appeal · Oct 28, 2016

APPLICABLE LAW/ANALYSIS Liberative prescription runs against all persons unless exception is established by legislation. La. C.C. art. 3467. … The trial court’s findings of fact on the issue of prescription are subject to the manifest error-clearly wrong standard of review. London Towne Condominium Homeowner’s Ass’n. v.

State Ex Rel. DSC v. JCR

811 So. 2d 198 · Louisiana Court of Appeal · Feb 27, 2002

None of the children were current on their immunizations. … Although only one ground need be established, the trial court must also find that termination is in the child's best interest.

Pontchartrain Natural Gas Sys. v. Tex. Brine Co.

264 So. 3d 545 · Louisiana Court of Appeal · Oct 11, 2018

P. art. 1915(A)(3) and well-established jurisprudence. In Estate of Kirsh v. Blanchard, 2011-1835 (La. … In this case, the summary judgment that was rendered does not qualify as an Article 966(E) judgment, because all of the principal demand claims of Pontchartrain against Zurich were dismissed with prejudice.

Foreman v. State Farm Mut. Auto. Ins.

416 So. 2d 258 · Louisiana Court of Appeal · May 26, 1982

State Farm answered the appeal contending that Trahan was not liable and, in the alternative, if liability is established, the damage award is excessive. … Boese was qualified as an expert in the body repair business.

Transworld Drilling Co. v. Texas Gen. Res., Inc.

604 So. 2d 586 · Louisiana Court of Appeal · Jun 22, 1992

Among a sheriff's official duties is the appointment of a qualified and competent appraiser for a judicial sale. Id. … The rule established in Citizens Bank is broad enough to cover the circumstances of this case.

Shreveport Laundries v. Sherman

7 So. 2d 433 · Louisiana Court of Appeal · Apr 3, 1942

Each is operated as a separate establishment. Each employs its own help and makes contracts with its employees. This is shown by the Manager of the Excelsior Laundry in his testimony, which is as follows: "Q. … The record clearly shows that the contract signed by Kidd and by Sherman as surety was one between them and the Shreveport Laundries, Inc. No mention of any laundry is made in the contract.

Succession of Delesdernier

184 So. 2d 37 · Louisiana Court of Appeal · Mar 7, 1966

Clearly prescription had long since run against a claim for damages on account of the fraud therein alleged. … Plaintiff should have an opportunity to establish by such evidence as she can the falsity of her tutrix's allegation.

Juengain v. Tervalon

17 La.App. 4 Cir. 0155 · Louisiana Court of Appeal · Jul 26, 2017

On February 6, 2009, the Defendants filed their answer and various exceptions—exceptions of no right of action; alternatively, the claim is barred by immunity, no cause of action, res judicata-, alternatively, lis pendens … The Plaintiff-Oriented Exception evidences the well-established rule that prescription does not run against one who is unable to interrupt it. Melancon v. Continental Cas.

Monsanto Co. v. KT Farms P'ship

245 So. 3d 191 · Louisiana Court of Appeal · Nov 15, 2017

(b) The parties agree that only those Eligible Products that Customer has purchased directly from Dealer will qualify for financing under the Program. … The language from the 2013 agreement, supplied by Monsanto, clearly was not the same as the 2011 agreement.

Unit. Bus. Ass'n v. Wor. Com. SEC. Inj. Bd.

906 So. 2d 441 · Louisiana Court of Appeal · Feb 4, 2005

The board shall establish rules for the conduct of such hearings. The board may issue subpoenas for witnesses in its behalf or for witnesses deemed necessary to a proper determination of the case. … On the other hand, where a hearing is held, the Board's responsibility of issuing a final decision is established in Section 123(f) of the Rules of Practice and Procedure.

State v. Norah

2012 La.App. 4 Cir. 1194 · Louisiana Court of Appeal · Dec 11, 2013

Bryant, the Court provided a framework to assist lower courts in determining whether a statement qualifies as testimonial. … First, the situation surrounding the shooting at The Duck Off qualifies as an “ongoing emergency.”

West v. Certified Credit Corporation

162 So. 2d 589 · Louisiana Court of Appeal · Mar 5, 1964

This court will not disturb the ruling of the trial judge in his refusal to appoint a receiver except in a case where it clearly appears that the interests of the minority of stockholders are in imminent danger. … To elect directors to serve as such until the next annual meeting of the shareholders and until their successors are elected and qualified. "2. To discuss any and all matters that might affect the shareholders.

Shirley Dufour v. River City Management, Inc.

Louisiana Court of Appeal · Nov 28, 2007

No amount paid as a penalty under this Subsection shall be included in any formula utilized to establish premium rates for workers’ compensation insurance. … Clearly, the statute, when read as a whole, was intended to apply to nonpayment of a judgment by employers and their insurers.

Anthony Misita d/b/a Daydreamer Stables and Glenn and Ellen Torres v. John Maumoulides, Lakelots, Inc., Intrepid, Inc., One Consort International, LLC, Lake Ramsey Development and St. Tammany Parish

Louisiana Court of Appeal · Nov 15, 2021

In their motion for summary judgment, the STPG defendants did not assert that discretionary immunity applied to plaintiffs' claims for detrimental reliance relief. … Thus, if the member acts to satisfy one of these obligations, he should be more likely to qualify for limited liability. Ogea, 130 So. 3d at 904.