Case law

Succession of Simms

250 La. 177 · Supreme Court of Louisiana · Nov 7, 1966

This exception is clearly without merit. Counsel overlook the fact that even though Mrs. … Finally, there is clearly no merit to the contention urged in the application for a writ filed by Dr. Benjamin F.

Emmer v. Rector

175 La. 82 · Supreme Court of Louisiana · May 23, 1932

Jacob Emmer, Jr., died in 1910, and his widow qualified as natural tutrix of their children. … Pine Belt Oil Co. is clearly an error. That case is reported in 143 La. at page 879 and not page 982.

Rando v. Anco Insulations Inc.

16 So. 3d 1065 · Supreme Court of Louisiana · May 22, 2009

Likewise, as both Stelly and Roberts establish, although this Court liberally construes the coverage provisions of the workers’ compensation act, it narrowly construes the act’s immunity provisions. … that the finding is clearly wrong (manifestly erroneous).

Steib v. Huntington Ingalls Incorporated

District Court, E.D. Louisiana · Sep 3, 2025

It invoked the affirmative defenses of government contractor immunity established by Boyle v. United Techs. … Second, this district has long recognized that Avondale qualifies as a “person” for purposes of removal under the federal removal statute. See, e.g., Constanza v. Sparta Ins. Co., 739 F. Supp. 3d 372, 383 (E.D.

VVP America, Inc. v. Design Build Development Services, Inc.

951 So. 2d 461 · Louisiana Court of Appeal · Jan 31, 2007

C.C. art. 1927 states that a contract is formed by the consent of the parties established through offer and acceptance which may be made orally, in writing, or by action or inaction that under the circumstances is clearly … Roofing Supply established that five invoices totaling $19,619.69 were delivered by Roofing Supply to the job site.

RGC Investments, Inc. v. Almerico

435 So. 2d 1043 · Louisiana Court of Appeal · Jun 6, 1983

Therefore, jurisdiction is clearly established *1045 in that case. Enclosed is the motion to dismiss this case I am filing. Dismissal of the plaintiffs' suit would not disturb the reconventional demand, if Mr. … Moreover, the trial court did not exercise its discretion to grant the dismissal only with prejudice, but granted the qualified dismissal based on the joint motion."

Hilliard v. Richard

291 So. 2d 875 · Louisiana Court of Appeal · Mar 12, 1974

On the other hand, the mother emphasizes the principle that the law presumes the mother to be better qualified for the care of the children, particularly daughters of a tender age. … In the present case, the judge apparently decided the disadvantage of removing the children from the environment to which they had become accustomed in the father's home, was clearly outweighed by the advantages of their

Opinion Number

Louisiana Attorney General Reports · Jun 13, 1994

It clearly states when the applicant has more than one pawnshop and been in business at least one year he "shall be eligible for a license". … They are presumed to be qualified.

Annina v. Eschette

814 So. 2d 13 · Louisiana Court of Appeal · Nov 21, 2001

The trial court has great discretion in whether to qualify an expert witness and has wide latitude in determining whether that expert has the competence, background and experience to qualify. Posecai v. … Annina has not established that the Eschettes have elected to keep these improvements, she is not entitled to be reimbursed for them. Although Mrs.

Cotton v. Gaylord Container

691 So. 2d 760 · Louisiana Court of Appeal · Mar 27, 1997

of all class members; and 2) class counsel is qualified, experienced and generally able to conduct the litigation. … Clearly it would be more efficient and economical to proceed as a class action which would result in uniformity of decision.

State ex rel. Bezou v. Judge of the Civil District Court

50 La. Ann. 655 · Supreme Court of Louisiana · Jun 28, 1898

We have grave doubts, considered in prospectu — i. e.. as relates to those who will hereafter qualify and fill the office under the existing Constitution — as to the intention of the Convention to make it (the recorder’s … Had it been the intention of the Convention that it should have a retrospective effect, the words employed would clearly show the purpose of promoting those in office as recorders to a constitutional office.

Alonso v. Line

846 So. 2d 745 · Supreme Court of Louisiana · May 20, 2003

Alonso has clearly alleged that he committed legal malpractice through an "omission," e.g. failure to file suit, in this state. … We note that Line, and not his law firm, was hired by plaintiff, that no service was made on the law firm other than under the long-arm statute, and that plaintiff has not established sufficient minimum contacts with the

Faubourg Marigny Improvement Ass'n v. City of New Orleans

2015 La.App. 4 Cir. 1308 · Louisiana Court of Appeal · May 25, 2016

¡automatically qualify for an increase in the base zoning district’s height, floor area ratio, and density restrictions. … These powers, nevertheless, must be exercised “[s]ubject to uniform procedures established by law.” La. Const, art.

Crooks v. LCS Corrections Services, Inc.

994 So. 2d 101 · Louisiana Court of Appeal · Aug 21, 2008

While these statements do not establish that any of the exposures were sufficient to cause the symptoms being complained of, the statements do establish that there were physical properties, such as smoke, ash, odors, and … The court also found that "counsel for plaintiffs are competent, experienced[,] and qualified."

Laron Harris and Pamela Harris, Individually and on Behalf of the Estate of the Minor Jaiden Harris v. Holliway Medical Clinic and Unnamed RN in Employ of Holliway Medical Clinic

Louisiana Court of Appeal · Aug 10, 2022

A breach of the standard of care alone is not sufficient to establish malpractice. … Further, the record is devoid of any objection by the appellants to the admission of evidence of the clinic’s qualified status.

Stewart v. T. L. James & Co.

139 So. 2d 791 · Louisiana Court of Appeal · Apr 4, 1962

The testimony of plaintiff, as well as other witnesses, clearly establishes the fact that the damage of which he complains was caused by water which stood underneath his building, until he effected the drainage thereof by … In view of our understanding and appreciation of the facts as above related, which we hold to be affirmatively and preponderantly established, it follows that plaintiff has failed to establish his claims by the requisite

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.

Copeland Enterprises, Inc. v. Slidell Memorial Hosp.

657 So. 2d 1292 · Supreme Court of Louisiana · Jun 30, 1995

Although the obligor's consent is not required for subrogation by the obligee, the obligee's intention to subrogate must be clearly indicated. … The author of this concurrence dissented from this conclusion in that case because in his opinion, La.R.S. 22:657 clearly regulated the business of insurance.

LeBlanc v. Greater Baton Rouge Port Commission

676 F. Supp. 2d 460 · District Court, M.D. Louisiana · Nov 3, 2009

Other evidence in the record shows that the plaintiff was satisfactorily performing his job. 46 These facts clearly support a reasonable inference that at time of the plaintiffs discharge, the plaintiff was qualified for … Plaintiff did not specifically address these arguments, but clearly relied on evidence related to these events to support his claim of race discrimination.

Opinion Number

Louisiana Attorney General Reports · Oct 21, 1998

Senate Bill 321, if ratified by the citizens of Louisiana during a vote on October 3, 1998, would permit convicted felons, who have not been pardoned and not presently incarcerated, to seek public office, "if the date of his qualifying … In examining this time period calculation language our courts have forged an interpretation of this language that establishes a clearly identifiable date on which to start the ten year period.