Case law

Tenneco, Inc. Ex Rel. Tennessee Gas Pipeline Co. v. Sutton

530 F. Supp. 411 · District Court, M.D. Louisiana · Dec 9, 1981

The Louisiana enactments clearly stand “as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.” Id., 61 S.Ct. at 404 . … However, the Reeves case is clearly inapplicable under the facts of this case.

Ducote v. Stark

87 So. 2d 770 · Louisiana Court of Appeal · May 21, 1956

the fact that there are strong implications in connection with the instant case which tend to substantiate plaintiff's allegation that the conveyance which is here called in question was confected for the very purpose of qualifying … The principle was clearly enunciated in Kirby v.

Cooksey v. Stewart

938 So. 2d 1206 · Louisiana Court of Appeal · Aug 23, 2006

clearly on the face of the pleadings. … A successful claimant in a defamation action must establish the following elements: (1) defamatory words; (2) publication; (3) falsity; (4) malice; and (5) injury. Rogers, supra .

Moity v. Louisiana State Bar Association

239 La. 1081 · Supreme Court of Louisiana · May 31, 1960

immediately rather than wait until he has completed three years of study; and it was this action on the part of the Committee which led to the instant petition for permission to take the Bar examinations — a request which is clearly … premature since petitioner has obviously not qualified as an applicant to be admitted to practice; 2 his answers indicate he is not a graduate of a law school, and he has failed to furnish the Committee with the required

Dusang v. Liberty Mutual Insurance Co.

195 So. 2d 340 · Louisiana Court of Appeal · Feb 13, 1967

Hyman, the only physician who qualified as an expert in the subspecialty of cardiology. Dr. … Furthermore, the medical evidence adduced herein clearly establishes that the lifting episode resulted in some damage to the heart or the vessels immediately attendant thereto, probably in the form of an occlusion.

McCalop v. Stewart

11 La. Ann. 106 · Supreme Court of Louisiana · Feb 15, 1856

James McCalop made his will in the olographic form, which has been probated, and of which Nolan Stewart, one of the defendants, and husband of plaintiff, was qualified as executor. … The testator clearly expresses his intention that the property which he bequeaths to his great grandchildren, shall be kept together — that there shall be no partition of the same — until the heirs come to age.

Wilks v. Ramsey Auto Brokers, Inc.

132 So. 3d 1009 · Louisiana Court of Appeal · Jan 15, 2014

The testimony presented at trial established that the car began to have coolant problems as soon as it left the lot. … Even if the language waiver requirements were met, the personal assurance of the seller that the car was in good condition qualified the written waiver, rendering its language ambiguous.

Guillory v. Overland Exp. Co.

796 So. 2d 887 · Louisiana Court of Appeal · Oct 3, 2001

that the finding is clearly wrong (manifestly wrong). … Since it has been determined that the plaintiff is in fact an independent contractor, we must determine whether the plaintiff falls under the exception created by the statute that would allow him to qualify for workers compensation

Lakeside Day Care Center v. Board of Adjustment

121 So. 2d 335 · Louisiana Court of Appeal · May 31, 1960

. * * *" Appellant, Lakeside Day Care Center, Inc., contends that the Board of Adjustment for the City of Baton Rouge was in error when it refused to permit plaintiff to establish its "nursery school" as contended by the … To qualify under the terms of the Baton Rouge Zoning Ordinances for "A-1" districts, the appellants would have to change their operation from one set up primarily to give all day care to children, to one set up primarily

Babineaux v. Tollie Freightways, Inc.

628 So. 2d 1327 · Louisiana Court of Appeal · Dec 8, 1993

Babineaux was faced with a sudden emergency is a factual matter and should not be disturbed on appeal unless the record establishes that the finding was clearly wrong or manifestly erroneous. Stobart v. … Payne's testimony inadmissible because he was not qualified.

Hughes v. Parish Council

48 So. 2d 823 · Louisiana Court of Appeal · Nov 22, 1950

Therefore, according to this section of this act, the qualified voters of Ward Four of the Parish of East Baton Rouge had a right to ask for and hold such an election. … "The repeal by mere implication of a former by a subsequent statute is never favored by the courts, and it is only where *831 they are clearly irreconcilable, and not susceptible of any such fair interpretation as will allow

Nigro v. Cessna Aircraft Company

169 So. 2d 594 · Louisiana Court of Appeal · Dec 7, 1964

The facts established here are quite similar and more pronounced than those in the Covington case. … The record here clearly establishes that Cessna carried on the same type of business activity in this state since it maintains a distributorship in the name of J. D.

Henson v. Safeco Ins. Companies

585 So. 2d 534 · Supreme Court of Louisiana · Sep 9, 1991

NOTES [1] As a resident of Henson's household, plaintiff qualified as an insured under the policy. [2] La.Rev.Stat. 22:1406D was amended again in 1987, to require specifically that the rejection or selection of lower limits … The failure to fill in an amount was ambiguous conduct regarding the intent of the insured, and proof of this failure clearly does not fulfill the insurer's burden of establishing rejection of UM insurance or selection of

State v. Johnston

207 La. 161 · Supreme Court of Louisiana · Dec 11, 1944

of Sunday, May 28, 1944, Alexander Johnston, the defendant herein and then a police officer of the City of New Orleans, became engaged in an argument and fight with a soldier while they were drinking together at a liquor establishment … a qualifying provision, thus compelling the conclusion that only a general criminal intent is required.

Southern Lands, Inc. v. Henderson

24 F. Supp. 835 · District Court, W.D. Louisiana · Aug 23, 1938

amended bill for the reason it “does not allege facts constituting an action of a local nature, as defined by the Acts of Congress, sufficient to vest this court with jurisdiction”; that it did not state facts disclosing or establishing … I do not believe that defendants lost or waived anything by this qualified acceptance of service.

Barras v. Garber

District Court, W.D. Louisiana · Sep 25, 2020

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Qualified immunity is “immunity from suit rather than a mere defense to liability” and should, therefore, be resolved at the earliest possible stage in the litigation. Porter v.

Glenn v. Caire

164 So. 2d 656 · Louisiana Court of Appeal · May 28, 1964

The evidence also establishes, however, that the Bock unit which was installed in Dr. Caire's car caused that particular car to overheat. The evidence further establishes that the engine on Dr. … We think the evidence clearly shows that Dr. Caire returned and tendered the unit to plaintiff after it had been removed from the car and that plaintiff refused to accept it.

Holcomb v. Kincaid

406 So. 2d 650 · Louisiana Court of Appeal · Nov 2, 1981

Desiring to obtain divorces from their respective spouses as quickly as possible, they moved to Arkansas to establish residence. … The jury in this instance has clearly abused its discretion in awarding such a large amount on the evidence presented.

Detillier v. Kenner Regional Medical Center

877 So. 2d 100 · Supreme Court of Louisiana · Jul 6, 2004

, it did not change the provisions of R.S. 40:1299.39.1 which clearly detail that lawsuits may be filed against the covered state health care providers. … The essence of the MLSSA is that a person qualified or covered under the Public Act is insulated from being cast in judgment.

Washington v. Onebeacon Am. Ins. Co.

265 So. 3d 8 · Louisiana Court of Appeal · Nov 2, 2018

To reverse the trial court's factual findings, the appellate court must find from the record that no reasonable factual basis exists for the findings and must determine that the record establishes the findings as clearly … While appellants assert that Deputy Comeaux's speed prior to the accident was not established with certainty, the record establishes that Deputy Comeaux was traveling well above the posted speed limit of 55 m.p.h. at the