Case law

Vintage Wings & Things, LLC v. Toce & Daiy, LLC

4 La.App. 3 Cir. 706 · Louisiana Court of Appeal · Nov 10, 2004

Public records and reports which are specifically excluded from the public records exception by Article 803(8)(b) shall not qualify as an exception to the hearsay rule under this Paragraph. … Vega, clearly testified that they received, as a result of their investments, which were an eighth of the investment made by Mr. Toce personally, free flights on this jet. Mr.

State v. Shirley

256 La. 665 · Supreme Court of Louisiana · Jun 29, 1970

“Since the note was clearly and positively identified as the note removed from the door of defendant’s office and the other witness testified she removed the note from the victim’s purse, the ruling of the Court was that … a sufficient chain had been established and it was a question of weight which the jury might give to the note.”

Copeland v. Gordon Jewelry Corporation

288 So. 2d 404 · Louisiana Court of Appeal · Mar 15, 1974

Defendant has its principal office in Houston, Texas, and is not qualified to do business in the State of Louisiana. … , may be brought in the parish where this office or establishment is located."

Mbarika v. Board of Supervisors

2007 La.App. 1 Cir. 1136 · Louisiana Court of Appeal · Jun 6, 2008

Whether or not he was “qualified” for the position is a more difficult question. However, even assuming that Dr. … Mbarika himself stated clearly and unequivocally several times in his letter to Dean | ^Sumichrast that he fired his graduate assistant. Dr.

Flournoy v. First Nat. Bank of Shreveport

197 La. 1067 · Supreme Court of Louisiana · May 26, 1941

The Act of Congress permitting states to tax the shares of stock of national banks is merely a waiver of the immunity against taxes being assessed on that type of property. … As all property is liable to taxation unless it be shown to be within some exemption established by law, and as no such showing is made in this case, we must assume that the property in question was liable to taxation.”

Carter v. Avondale Shipyards, Inc.

415 So. 2d 174 · Supreme Court of Louisiana · May 17, 1982

Plaintiff is clearly entitled to compensation benefits. See Bates v. Bituminous Casualty Corp., 266 So.2d 556 (La.App.1972). … The evidence clearly established that Hanlon's silicosis was a result of his employment with PPG and not from his three day employment with Sline.

Snider v. Snider

474 So. 2d 1374 · Louisiana Court of Appeal · Aug 21, 1985

Although the record discloses that the parties later established a matrimonial domicile in Utah, it is not clear from the record when such domicile was established. … Clearly, Louisiana does not meet the requirements necessary to qualify as the home state of the children because the children have not resided in this state the requisite period of time.

Harris v. Shreveport Railways Co.

83 So. 2d 517 · Louisiana Court of Appeal · Nov 2, 1955

-The standard of care required of a carrier is qualified by the duty of a passenger not to contribute to such injury by any want of ordinary care. See: Baker v. … Clearly, with but one hand free, plaintiff could only steady herself with the left hand, by moving it from seat to seat while the trolley was in motion.

Smith v. Wiley Wood Construction Company

247 So. 2d 904 · Louisiana Court of Appeal · May 10, 1971

Steck diagnosed the condition as a psychotic reaction, although he qualified this diagnosis with the statement that in his opinion plaintiff was "exaggerating his complaint a bit." Dr. … On the contrary, his finding of fact was clearly correct. For the foregoing reasons, the judgment of the lower court is affirmed. The plaintiff is to pay all costs incurred herein. Affirmed.

State v. Vidaurri

919 So. 2d 803 · Louisiana Court of Appeal · Dec 30, 2005

We have clearly established the analysis for a claim of insufficient evidence: When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court is whether, after viewing the evidence … "La.C.E. art. 702 states that experts may be qualified by reason of `knowledge, skill, experience, training, or education.'

Coley v. Boyett

District Court, W.D. Louisiana · Oct 22, 2019

To overcome qualified immunity, a plaintiff must first establish that a constitutional violation occurred and, second, that the violation was of a clearly established right. ». … Lf there is no constitutional violation, the officer is entitled to qualified immunity.

State v. McKinney

890 So. 2d 737 · Louisiana Court of Appeal · Dec 22, 2004

One of the state’s witnesses, Rodreaco Lafitte (“Lafitte”), was given immunity from prosecution in exchange for his testimony. … The testimony established that McKinney went to the Expo Hall with a group of people from his neighborhood.

Succession of Jones

193 So. 2d 352 · Louisiana Court of Appeal · Nov 21, 1966

Clearly the foregoing articles require that before a tutor may undertake to handle the affairs of a minor he must qualify as such by taking the required oath. … Clearly, therefore, the trial court must exercise discretion in the application of Article 3004 in a case properly falling within the scope of said codal authority.

Opinion Number

Louisiana Attorney General Reports · Nov 23, 1992

VII, Section 14 (C), must also meet the general standard for the non-gratuitous alienation of public funds or property established by Art. VII, Section 14 (A). See City of Port Allen v. La. … Clearly envisioned within the scope of BREC's statutory duties is the authority to contract for the construction of entrance or access roads and grade crossings necessary to afford the general public access to these public

Osborne v. Vulcan Foundry, Inc.

577 So. 2d 318 · Louisiana Court of Appeal · Mar 14, 1991

Clearly, under this contract, BRMC accepted the premises as is, assumed complete responsibility for all maintenance and repair, and agreed to indemnify and hold harmless the Board from claims such as are now presented by … Both Vulcan and the Osbornes' oppositions to the motion are limited to the Dock *322 Board's claim that it is Osborne's statutory employer and, therefore, immune in tort under LSA-R.S. 23:1021 et seq.

Doyle v. City of New Orleans Police Department

2009 La.App. 4 Cir. 1683 · Louisiana Court of Appeal · Aug 10, 2010

“Factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of appellate review.” Banks v. … While he stated his belief that the work conditions probably contributed to Officer Doyle’s underlying condition by suppressing the immune system, he could not say with certainty that there was a causal connection between

Frantom v. United States

District Court, W.D. Louisiana · Sep 22, 2021

In doing so, the Court must strictly construe the “immunity statutes . . . against the party claiming the immunity.” … Rather, the statute’s purpose “is to establish a compensation obligation on the part of the principal who obligates itself to a party for the performance of work and who then subcontracts with intermediaries

In re the Succession of Augustus

400 So. 2d 1172 · Louisiana Court of Appeal · Apr 13, 1981

With respect to appeals involving factual questions, it is well established that appellate courts are to accord great weight to the trial court’s findings which will not be disturbed unless manifestly erroneous. … Molligan was qualified and accepted as an expert witness on the subject of handwriting analysis.

Coleman v. Deno

787 So. 2d 446 · Louisiana Court of Appeal · Apr 25, 2001

The Louisiana statutory scheme clearly distinguishes between the duties of hospitals and the duties of physicians. … In circumstances, such as the instant case, where the plaintiff clearly did not expect or intend to recover excess damages from the LPCF [Fund]—and especially where, as here, the settlement with the qualified health care

State Thru DOTD v. Wahlder

647 So. 2d 481 · Louisiana Court of Appeal · Dec 7, 1994

The trial court found that Wilson's testimony was not sufficient to establish ownership of the canopy. … His assessment of the qualifications of experts will not be disturbed unless clearly wrong. State v. Davis, 445 So.2d 163 (La.App. 3d Cir.1984).