Case law

Vehrs v. Jefferson Insurance Company

168 So. 2d 873 · Louisiana Court of Appeal · Jan 21, 1965

Under these circumstances the jurisprudence is well established that the judgment of the trial court is presumed to have been based upon sufficient evidence and to be correct. Clark v. … In the legal sense, a person's domicile is the place where he has his permanent home or principal establishment, to which place he has, whenever he is absent, the intention of returning.

State v. Finch

730 So. 2d 1020 · Louisiana Court of Appeal · Feb 24, 1999

Rather, the court simply found that the evidence established the prior convictions. … The trial court simply stated that defendant "qualifies," indicating that defendant qualified as a third-felony offender under La. R.S. 15:529.1(A)(2)(b)(ii).

Commercial National Bank In Shreveport v. Calk

207 So. 2d 578 · Louisiana Court of Appeal · Feb 28, 1968

We find the evidence clearly shows they sustained this burden. … This established jurisprudence is succinctly summarized in Fuller v.

Scott v. OMEGA PROTEIN, INC.

989 So. 2d 827 · Louisiana Court of Appeal · Jul 16, 2008

A plaintiff establishes a prima facie case by showing that he: (1) is a member of a protected class, (2) was qualified for the position, (3) was terminated, and (4) was replaced by someone outside the protected class. … Defendant's admitted preference for alien workers clearly is discriminatory in effect. Consistent with Title VII, the U.S.

Bauer v. United States

449 F. Supp. 755 · District Court, W.D. Louisiana · Feb 28, 1978

The Court stated: “It is, of course, well established that in order for a gift to be deductible under Section 170 it need not be made directly to a qualified donee. … However, it must at least be made ‘for the use of’ a qualified donee.

Faustina Pipe Line Co. v. Hebert

469 So. 2d 483 · Louisiana Court of Appeal · May 15, 1985

We cannot say that it is clearly wrong. … In this case, it is only established *490 that encasement is necessary for safe road crossings, not that any other safety benefits accrue from encasement.

In re Civil Service Commission Layoff Investigation

546 So. 2d 523 · Louisiana Court of Appeal · Jun 8, 1989

Since nobody in the Fire Department had been affected by prior layoffs most supervisors believed that the Department would be immune in future layoffs. … The manifest error or clearly wrong standard should be utilized in reviewing the Commission’s findings of fact. Walters, supra; Lee, supra; Sanders v.

Mahon v. Madisonville Town

District Court, E.D. Louisiana · Nov 17, 2021

because they did not violate clearly established statutory or constitutional rights of which a reasonable person would have known; there was no concerted action among Defendants to accomplish any unlawful objective for … In determining whether a government official is entitled to absolute immunity rather than qualified immunity, courts apply a “functional approach . . . which looks to ‘the nature of the function performed, not the identity

Young v. T.T. Barge Servs. Mile 237, LLC

290 F. Supp. 3d 562 · District Court, E.D. Louisiana · Dec 5, 2017

The nonmovant may not rest upon the pleadings, but must identify specific facts that establish a genuine issue for trial. … Chevron U.S.A., Inc., 781 F.2d 1067 , 1074 (5th Cir. 1986) ); see also Chandris , 515 U.S. at 371 , 115 S.Ct. 2172 (explaining that summary judgment is warranted "where undisputed facts reveal that a maritime worker has a clearly

Cappiello v. Exxon Corp.

695 So. 2d 1097 · Louisiana Court of Appeal · May 28, 1997

Although testimony indicated the Stingray was assigned to the field rather than plaintiff, the record also establishes the Stingray was the only boat plaintiff used. … Therefore, the trial court's finding of negligence cannot be said to be manifestly erroneous or clearly wrong.

Miller v. Acadian Ambulance Service, Inc.

13 La.App. 3 Cir. 1269 · Louisiana Court of Appeal · Mar 5, 2014

Each asserted they were qualified health care providers pursuant to the LMMA, La.R.S. 40:1299.39 & 40:1299.41. As qualified health care providers under the LMMA, providing medical care to Mr. … The Millers argue in their reply brief, that neither LERN nor Interim LSU offered evidence at the hearing to establish they are entitled to the protections of the LMMA.

Willis-Knighton Medical Center v. Edmiston

899 So. 2d 736 · Louisiana Court of Appeal · Apr 6, 2005

Exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally and affirmatively established by the taxpayer. Johnson v. … The mover has the burden of establishing the absence of a genuine issue of material fact.

Lewis v. Exxon Corp.

417 So. 2d 1292 · Louisiana Court of Appeal · Jun 29, 1982

In reaching its decision, the trial court found that Exxon was the statutory employer of Lewis under LSA-R.S. 23:1061, and as such entitled to tort immunity under LSA-R.S. 23:1032. … In his argument, the appellant states that "Litt (principal's employee) is immune to claims by Lewis (contractor's employee), but Lewis is not immune to claims by Litt.

Kansas City, Shreveport & Gulf Railway Co. v. Vicksburg, Shreveport & Pacific Railroad

49 La. Ann. 29 · Supreme Court of Louisiana · Dec 14, 1896

The petition alleges the construction in part by plaintiffs of a railroad from Kansas City to the Gulf, by way of Shreveport; that under agreement with that city, plaintiffs have established their machine shops and have agreed … If a corporation acquires more land than it requires for its uses, the land not needed is impressed with no immunity from the exercise of that power, to which all must submit.

Louisiana Education Ass'n v. Richland Parish School Board

421 F. Supp. 973 · District Court, W.D. Louisiana · Oct 26, 1976

Clearly, whether the Court rules on the evidence at the close of petitioner’s case is a matter within its discretion. … In the event that there is not a qualified person of the race specified during the transition period to achieve the 62% - 38% white - black ratio established within this order, and there is a qualified person of the other

Covington Pontiac-Buick-GMC Trucks, Inc. v. AAA Sewer & Water Fabrication & Service, LLC

873 So. 2d 56 · Louisiana Court of Appeal · Feb 13, 2004

Additionally, the account established at Hibernia National Bank as the registry of the court is entitled "St. … Additionally, I find no merit to the argument that the clerk is entitled to immunity pursuant to LSA-R.S. 13:760 under the facts presented herein.

Quinn v. GGS, L.L.C.

3 La.App. 5 Cir. 682 · Louisiana Court of Appeal · Dec 9, 2003

Gene Moody, a professional engineer, was qualified as an expert in the field of accident reconstruction, forensic engineering and safety engineering. … LA.CODE EVID. art. 302(4) defines an inference as “a conclusion that an evidentiary fact exists based on the establishment of a predicate fact.”

Wackenhut Corrections Corp. v. Bradley

685 So. 2d 661 · Louisiana Court of Appeal · Dec 26, 1996

Our supreme court expanded on the application of the manifest or clearly wrong standard in Rosell v. … LeGros' statement qualified as discrediting evidence on Ms. Bradley's version of the incident. Again, we agree. Wackenhut additionally contends that Ms.

Audubon Area Zoning Ass'n v. Krushevski

82 So. 2d 460 · Louisiana Court of Appeal · Jun 15, 1955

The pertinent use regulations for such a district are set forth in Section 3 thereof and a triplex or three family dwelling is not included as a permissible use unless a three family dwelling or triplex qualified, on June … a legal non-conforming use as of June 6th, 1929, the plaintiffs are clearly, entitled to an injunction restraining him from continuing to use the building as a triplex.

Guidry v. Rubin

425 So. 2d 366 · Louisiana Court of Appeal · Dec 22, 1982

This case held that a mother need not qualify as tutrix of her minor children in order to bind them to a reasonable contingency fee contract with an attorney. … Moreover, even if the defendant attorneys were to successfully establish a claim against the plaintiffs on the basis of quantum meruit in another proceeding, such would not establish a right to the particular funds now in