Case law

Darce v. Calcasieu Paper Co.

85 So. 2d 659 · Louisiana Court of Appeal · Feb 3, 1956

It applies also to the widow and children where they have failed to qualify for the conclusive presumption of dependency, because they were not ‘living with’ the deceased.” … If such were not the intention of the Legislature it, at that time, could have so stated easily, simply, .and clearly.”

Mosbey v. Jefferson Parish Sheriff's Office

250 So. 3d 1110 · Louisiana Court of Appeal · Jun 27, 2018

Plaintiff contends defense counsel's agreement constituted a stipulation as to the amount of past medical expenses and the stipulation qualified as a judicial confession. … We do not find that this exchange qualifies as a stipulation or judicial admission by defendants as to the amount of past medical expenses.

Wells v. Freeport-McMoran, Inc.

715 F. Supp. 155 · District Court, W.D. Louisiana · Dec 8, 1988

These provisions clearly demonstrate that under Louisiana law, both TEST and Cooper contracted with the defendant to establish a principal-independent contractor relationship. … Louisiana law recognizes two exceptions to a principal’s immunity to vicarious liability for its independent contractor’s negligence.

COSSICH v. Plaquemines Parish Government

2009 La.App. 4 Cir. 1522 · Louisiana Court of Appeal · Oct 8, 2010

Hargis, 179 La. 623 , 154 So. 628 , a clerk of court failed to qualify by failing to furnish bond required by law within thirty days after having received his commission. … Cossich establishes that the Charter Commission members were de facto commissioners, if not de jure. . RESOLUTION NO.

Domino v. Josephine

233 La. 1014 · Supreme Court of Louisiana · Nov 12, 1957

Plaintiff’s witnesses were all well qualified to testify as to the value of the *1023 property here involved. … The methods of computation used in those cases were clearly proper under their facts.

Zachary Marcade Versus New York Marine and General Insurance Company and Nola Motor Club, L.L.C.

Louisiana Court of Appeal · Oct 4, 2023

On the parental consent form, ST’s father acknowledged: I know the nature of the EVENT(S) and the Minor’s experience and capabilities, and believe the Minor to be qualified to participate in the … Marcade could not claim the exception to immunity provided by La.

WENDELBOE v. Exxon Shipping Co.

2008 La.App. 1 Cir. 1846 · Louisiana Court of Appeal · Feb 13, 2009

The record establishes the following with regard to the hierarchy of authority among the ship’s crew. … The record establishes that throughout the night preceding the incident, the weather had been stormy and rough.

Belgard v. Manchac Technologies, LLC

12 La.App. 3 Cir. 191 · Louisiana Court of Appeal · Jun 6, 2012

Manchac clearly accepted, received, and retained the full benefit of this arrangement and operated in accordance with it. … Milton’s additional 0.5% was purchased at a later time and, therefore, qualified as a “new Membership Interest” under Section 3.5.3 of the Restated Operating Agreement.

North Louisiana Rehabilitation Center, Inc. v. United States

179 F. Supp. 2d 658 · District Court, W.D. Louisiana · Nov 8, 2001

Conclusion For the foregoing reasons, the Court concludes that the Magistrate Judge’s Order was not clearly erroneous and contrary to law. … Therefore, in order to qualify for relief under Section 530, Plaintiff must establish that “(1) [Plaintiff] has not treated any individual as an employee who holds a substantially similar position as those classified as independent

Casanova v. Gray

196 So. 2d 824 · Louisiana Court of Appeal · Mar 21, 1967

always interpreted in favor of the owner of the property to be-affected.’ ” The only two witnesses who testified on: the trial of the present issue were the plaintiff and a civil engineer called on the plaintiff’s behalf and qualified … Lewis, 51 La.Ann. 210 , 25 So. 134 (1899), cited by ■the defendant in support of his contention ■that the servitude owner has a right to fence is clearly distinguishable and therefore inapplicable to the case at bar.

State v. Beaudette

2012 La.App. 1 Cir. 0871 · Louisiana Court of Appeal · Jul 13, 2012

Mark Trudell, a state witness who was qualified as an expert in organic chemistry, explained the chemical makeup of the two compounds at issue (JWH-018 and JWH-210). … It is well established that a vagueness challenge to a statute not involving First Amendment freedoms must be examined in the light of the facts of the case at hand and as applied to the particular defendant. Maynard v.

Barber v. Green

134 So. 3d 1223 · Louisiana Court of Appeal · Feb 19, 2014

C.C. art. 134, 2 finding most to be a wash between these |svery qualified parents, with three exceptions: • The mother enrolled the daughter in an educational daycare program, but the father did not take the child to the … Unlike the majority of cases, a weekly rotation, under these unique facts, is clearly in the best interest of these children, for the following four reasons: (1) The trial court misapprehended our ruling in Skipper, supra

State v. McQueen

308 So. 2d 752 · Supreme Court of Louisiana · Feb 24, 1975

Williams did not establish a period in which proceedings under R.S. 15:529.1 could be had. It only established a point after which no such proceedings would be allowed. … LSA-R.S. 15:529.1, the Habitual Offender Law, clearly provides that the proceedings can be instituted "at any time, either after conviction or sentence."

Mendoza v. Mendoza

249 So. 3d 67 · Louisiana Court of Appeal · Jun 6, 2018

Bernard Parish, where they established their matrimonial domicile. … The trial court's decision was not manifestly erroneous or clearly wrong.

Ashmore v. Hilton

834 So. 2d 1131 · Louisiana Court of Appeal · Dec 11, 2002

A trial court's findings should not be overturned absent manifest error or unless clearly wrong. Stroik v. Ponseti, 96-2897 (La.9/9/97), 699 So.2d 1072 . … "Where two reasonable views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong." Id. at 1079 .

Smith v. Winn-Dixie Louisiana, Inc.

574 So. 2d 514 · Louisiana Court of Appeal · Feb 6, 1991

After proving this fact, the burden then shifts to the store owner to establish that reasonable *516 measures were taken to protect his customers from such foreign substances. See Gonzales v. … Smith's activities were not restricted but qualified the statement by testifying that she should be careful not to do anything too strenuous. Dr.

Flowers v. Entergy Corporation

30 So. 3d 283 · Louisiana Court of Appeal · Jan 29, 2010

Brooks was not qualified to testify as an accident reconstructionist. We disagree. … To establish liability, all the required elements of negligence must be found.

Hunt Plywood, Inc. v. Estate of Davis

645 So. 2d 248 · Louisiana Court of Appeal · Oct 26, 1994

Further, the record does not clearly establish a close relationship between Dylon and his father. … We disagree; the statute is designed simply to establish the latest permissible point in time for an answer. .

State v. Porter

176 La. 673 · Supreme Court of Louisiana · Jan 30, 1933

The Legislative intent, which clearly appears' was to create a crime of lesser degree than manslaughter. … Wé did not intend to so hold and the opinion clearly shows it.

Young v. Bassett

District Court, W.D. Louisiana · Mar 4, 2024

They challenge the complaint for failure to state a plausible claim on which relief may be granted and as inadequate to defeat their claim of qualified immunity. … If the case is ever reopened, the court will consider the Rule 12(b)(6) and qualified immunity defenses raised by the motion.