Case law

BW Offshore USA, LLC v. TVT Offshore

145 F. Supp. 3d 658 · District Court, E.D. Louisiana · Nov 13, 2015

The parties disagree, however, as to whether these features qualify it as vessel. … A plain reading of the contract, however, shows that this term is clearly defined in paragraph 11.2. 40 Though paragraph 13.2 references paragraph 10.2 for a definition of the “Owner’s Group,” this is an obvious typographical

Victoria Dauzat v. Dolgencorp, LLC

Louisiana Court of Appeal · Apr 6, 2016

that the finding is clearly wrong (manifestly erroneous). … [T]he effect of the assertion of the conditional or qualified privilege is to rebut the plaintiff’s allegations of fault and shift the burden to plaintiff to establish abuse of the privilege. Smith [v.

Gilstrap v. SYNALLOY CORP., INDUS. PIPING SUPPLY CO.

409 F. Supp. 621 · District Court, M.D. Louisiana · Mar 15, 1976

It contends, however, that plaintiff’s duties while in its employ qualified him as an executive and/or administrative employee exempt from the provisions of the Act. The Court concludes that Mr. … Gilstrap’s case, these pertinent factors clearly indicate the applicability of the administrative exemption.

McLaughlin v. Fireman's Fund Ins. Co.

582 So. 2d 203 · Louisiana Court of Appeal · Jun 5, 1991

This factual finding is not clearly wrong. The answer to the question of whether Glasper failed to yield the right-of-way is one where we find the jury to be clearly wrong. … Trooper Blunschi was qualified as an expert witness in accident reconstruction.

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 Ex Rel. Rathe v. Jefferson Parish School Board

206 La. 317 · Supreme Court of Louisiana · Dec 13, 1943

It is only when it is clearly shown that the action of such a board is beyond its authority or is arbitrary, unreasonable, or fraudulent that a court is justified in interfering.” … The record clearly shows that the principal’s nine monthly reports and the principal’s session report were each erroneous in reporting the absences.

State v. Vincent

145 So. 3d 233 · Supreme Court of Louisiana · May 22, 2013

Clearly, then, the subpoenas requested by the District Attorney fail to meet 14the statutory requirements of La. C.E. art. 507; but they are improper for another, more fundamental reason. … I, § 13 provides, in relevant part: “The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents." .

State v. Cole

161 La. 827 · Supreme Court of Louisiana · May 31, 1926

Cole,‘and ;not paid, or returned, and this tes"timonywas offered on the same point, to further ■establish thé fact, and to show that the defendant. did not have money to pay checks of his depositors, with large balances to … The judge says: “This testimony was clearly in rebuttal of defendant’s testimony that it was not necessary to keep such books and make such entries.”

Breaux v. Texas & Pacific Railway Co.

147 So. 2d 693 · Louisiana Court of Appeal · Dec 14, 1962

In the Brown case the Supreme Court clearly held that pursuant to Act 30 of 1960 and LSA-C.C.P. Article 1111, the initial defendant was entitled to implead his alleged tort feasor. … They are, therefore, immune to liability for the debts of the succession they have inherited and are entitled by such acceptance merely to the net estate of their said ancestor, if any.

Archer Daniels Midland Co. v. PARISH SCHOOL BD.

802 So. 2d 1270 · Supreme Court of Louisiana · Nov 28, 2001

Charles Parish, clearly, St. … It is well established that exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively established by the taxpayer.

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.

Brannan v. Talbot

691 So. 2d 848 · Louisiana Court of Appeal · Apr 2, 1997

During its regular 1993 session, the Louisiana legislature qualified La.C.C. art. 189, by enacting Act No. 32, now La.R.S. 9:305, effective August 15, 1993. … To justify a preliminary injunction, the applicant must establish the likelihood of irreparable injury by clear and convincing evidence. Lighthouse Life Ins. Co., Inc. v.

Priola Construction Corp. v. Profast Development Group, Inc.

9 La.App. 3 Cir. 342 · Louisiana Court of Appeal · Oct 7, 2009

An agreement would be required in order to establish a fiduciary relationship between a financial institution and a customer. … Id. at 627 . *461 | ^Louisiana Revised Statutes 6:1124 clearly provides that there is no fiduciary relationship between a bank and a third party unless agreed to in writing that a relationship of agency or trust exists between

Major Transports, Ltd. v. Courville

493 So. 2d 109 · Louisiana Court of Appeal · Jun 2, 1986

The testimony at trial also showed that Goldrus has discontinued paying a per diem allowance because there is no longer a shortage of manpower in the industry. * * * * * * "The Court finds that evidence in this case clearly … We agree particularly with the trial judge's conclusion that the per diem allowance was intended as an inducement to attract qualified employees.

Kasperski v. Patterson Services, Inc.

371 So. 2d 1254 · Louisiana Court of Appeal · Jul 2, 1979

Grubbs, qualified as an expert in mechanical engineering, testified that this accident was caused when the rear chain fastening the spool became loose, allowing the load to shift on the truck. … (Tr. 443) Clearly, had Mr. Romero chosen to take the precaution, a second chain could have been applied to secure the front terminal of the spool.

Willie James Jones, Stephanie Jones Thomas, and Cassandra Denise Jones O/B/O Rosemary G. Jones v. The Estate of Lawson J. Schuford, Jr., and Horace Mann Companies

Louisiana Court of Appeal · Apr 1, 2026

Regarding the cause of the fire, the plaintiffs contend the investigation and report done by Bunton conflicted with that done by Stephens, who they claim is not a qualified expert. … Under the policy, Jones qualifies as a domestic employee because she was hired by either the deceased or an authorized agent for the estate of his household to provide familial around-the-clock care.

Mitchell v. University of Louisiana System

154 F. Supp. 3d 364 · District Court, M.D. Louisiana · Dec 30, 2015

First, Defendant argues that there is no prima facie case because the Plaintiff was not qualified. Second, the Defendant argues that, even if she were qualified, Plaintiff has failed to establish pretext. … Prima Facie Case: Qualification To establish a prima facie case, Plaintiff must show that (1) she was denied a promotion; (2) she was qualified for the position; (3) she was within the protected class (over 40 years old);

Tammy Simoneaux v. Lafayette Consolidated Government

Louisiana Court of Appeal · May 1, 2013

SATS argues that it established that it was entitled to the protections of La.R.S. 9:2795 and that Ms. … Simoneaux has failed to establish any intentional or grossly negligent acts on behalf of SATS. Blanket Tort Immunity Ms.

State v. Brogdon

457 So. 2d 616 · Supreme Court of Louisiana · Sep 10, 1984

Louisiana law requires that before a witness may qualify as an expert a foundation establishing his competency must be provided to the satisfaction of the court. La. R.S. 15:466. … Ritter's testimony clearly outweighed its prejudicial effect, and it was properly admitted.

Stanley R. Palowsky, III, Individually and on Behalf of Alternative Environmental Solutions, Inc. Versus Allyson Campbell

Louisiana Court of Appeal · Mar 30, 2022

Palowsky has alleged facts sufficient to establish any of these causes of action against Ms. … Though Judge Sharp clearly violated the Canons of Judicial Conduct, specifically Canon 3(A)(6), in the above stated acts, he has judicial immunity for civil damages for his participation in the acts alleged