Case law

Keith v. T. & P. R. R.

14 La. App. 290 · Louisiana Court of Appeal · Jun 6, 1930

Keith, having in the meantime qualified as administratrix *292 in the Texas court, filed a supplemental petition in which it is alleged “that by-agreement between counsel for plaintiff and defendant, your petitioner files … We are free to confess that the question before us is perplexing, as is clearly shown by the nicety of distinction which characterizes the jurisprudence on this subject.

Opinion Number

Louisiana Attorney General Reports · Aug 28, 1997

The records of the taxing authority shall clearly reflect the objects and purposes for which the proceeds of the tax are used." [Emphasis added.] … Further, under the well established jurisprudence of this state, special taxes are strictly construed. Hemler v. Richland Parish School Board, 142 La. 133 , 76 So. 585 (1917). . . .

LeBlanc v. Stevenson

756 So. 2d 356 · Louisiana Court of Appeal · Mar 24, 2000

LAW AND DISCUSSION Unless there is a manifest error or a clearly wrong finding of fact or clearly wrong judgment by a factfinder, a court of appeal may not set aside that finding or judgment. Stobart v. … In determining an award for loss of future earning capacity, we are guided by certain well-established legal principles.

State v. Morrison

392 So. 2d 1037 · Supreme Court of Louisiana · Dec 15, 1980

We tend to credit judges with the ability through training and experience to segregate and disregard inadmissible evidence, a faculty which we clearly do not (and properly so) ascribe to trial juries. … In describing how a duly qualified operator of the machine obtains an accurate result, the officer testified that "[y]ou press one switch to turn it on so it will warm up.

White v. Glen Retirement System

195 So. 3d 485 · Louisiana Court of Appeal · Apr 27, 2016

The allegations and evidence presented on the exception of prematurity established the following facts. … The trial court could therefore reach thé conclusion of no intentional tort as a ‘factual assessment which is not clearly wrong.

Walker v. Supreme Industrial Life Insurance

169 So. 2d 245 · Louisiana Court of Appeal · Nov 2, 1964

It was established as a fact that each of the six original shareholders “brought in” two other persons to qualify them as shareholders. … The checks and records introduced into evidence by the plaintiff clearly reveal that Walker contributed an amount equal to of the needed capital.

In Re Knight

421 F. Supp. 1387 · District Court, M.D. Louisiana · Nov 5, 1976

In order to qualify for the loan, Knight was required to fill out a financial statement which, among other things, called for a listing of assets and debts of the applicant. … As in other civil matters, a bankruptcy referee's findings of fact are to be upheld unless they are clearly erroneous. (Citations omitted.)

Succession of Schieffler v. Belair Trailer Sales, Inc.

242 So. 2d 285 · Louisiana Court of Appeal · Dec 7, 1970

Schieffler qualified as administra-trix of Mr. … This is clearly established by the buyer’s order signed by Mr. Schieffler and filed in evidence. This contradicts Mrs. Schieffler’s contention and destroys her basic premise.

Opinion Number

Louisiana Attorney General Reports · Apr 24, 2007

VIII , § 1 , which provides that "t]he legislature shall provide for the education of the people of the state and shall *Page 3 establish and maintain a public educational system." … A school outside of the United States is clearly not a public school for purposes of the above-cited regulation, since it is not created pursuant to Louisiana Constitution and laws.

Favret v. United States

341 F. Supp. 2d 613 · District Court, E.D. Louisiana · Sep 3, 2004

The IRS also argues that its position was substantially justified and thus Favret cannot qualify as a prevailing party to recover her costs and fees. II. … Because section 7430 is a partial waiver of sovereign immunity, it must be strictly construed in the government’s favor. See Texas Food Indus. Assoc. v. Dep’t of Agric., 81 F.3d 578 , 580 (5th Cir.1996).

Wickes v. Home Building & Loan Ass'n

172 So. 2d 756 · Louisiana Court of Appeal · Mar 8, 1965

Defendant could not convey more than he owned and this stipulation was specifically included in the contract by the inclusion of the qualifying phrase “or as per title”. … The act of sale clearly transfers only the western portion and with the western portion went the servitude of use to the eastern portion.

Carroll v. Chapman

139 So. 2d 61 · Louisiana Court of Appeal · Mar 7, 1962

The immunity is necessary in order that fear of liability may not deter others from rendering necessary services in an emergency." … In this case the established and uncontradicted facts disclose that Dr. Chapman prepared Mrs.

State ex rel. Department of Highways v. Breedlove

188 So. 2d 608 · Louisiana Court of Appeal · Jul 1, 1966

held: “ * * * it has long been the practice of Louisiana courts to rely on the expert opinions of those who deal in land transactions in the vicinity of the expropriated land in the absence of comparable sales in order to establish … It is apparent from the records, and we think it was clearly obvious to plaintiff at the trial, that these witnesses were called to testify as expert appraisers in behalf of the defendant in each case.

Bougere v. Edwards

517 So. 2d 351 · Louisiana Court of Appeal · Nov 25, 1987

We find the judge was clearly wrong in his application of the law to the facts here. … Secondly, although the judge stated that the Mayor had failed to show “good cause” *355 to amend, the bare allegations of his original petition alone establish good cause.

Koslowski v. Sanchez

563 So. 2d 937 · Louisiana Court of Appeal · May 30, 1990

The statute clearly contemplates a situation where the insurer has paid its policy limits prior to a determination of the amount to be paid by the Fund. … The plaintiff's only expert witness qualified to testify on this issue, Dr.

Smegal v. Gettys

2010 La.App. 1 Cir. 0648 · Louisiana Court of Appeal · Oct 29, 2010

that the finding is not clearly wrong (manifestly erroneous). … all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity

In Re Liquidation of Canal Bank & Trust Co.

185 La. 34 · Supreme Court of Louisiana · Apr 27, 1936

.-57, as trustee’s commissions on income collected by it during its tenure as executor and before it qualified as trustee; that the trustee was sent into possession as such by judgment in the succession proceedings and took … In the Succession of Spyker, 159 So. 347, 351 , the Court of Appeal reviewed the jurisprudence and concluded: , “However, a reference to the foregoing quotations will show it to be clearly established that a judgment homologating

Offshore Transportation Corp. v. United States

465 F. Supp. 976 · District Court, E.D. Louisiana · Jan 24, 1979

However, the amendment also clearly made that duty discretionary. Although the plaintiff argues the 1965 amendment did not change the mandatory nature of the marking requirement, that is simply not the law. Lane v. … The discretionary function exemption to the waiver of sovereign immunity does not apply to actions brought under the Suits in Admiralty Act. De Bardeleben Marine Corporation v.

Cynthia Bridges, Sec., Dept. of Rev., State of Louisiana v. Nelson Industrial Steam Co. C/W Nelson Industrial Steam Co. v. Calcasieu Parish School System Sales and Use Tax Dept. C/W Cynthia Bridges, Sec., Dept. of Rev., State of Louisiana v. Nelson Industrial Steam Co. C/W Nelson Industrial Steam Co. v. Calcasieu Parish School System Sales and Use Tax Dept.

190 So. 3d 276 · Supreme Court of Louisiana · May 3, 2016

Clearly, limestone was not purchased for the purpose of being incorporated into the end products–electricity and steam. However, since La. … R.S. 47:301(10)(c)(i)(aa) does not preclude a byproduct from qualifying as an “article[] of tangible personal property,” and the International Paper test does not preclude a byproduct from qualifying as an “end product[].

Alexander v. Sara, Inc.

559 F. Supp. 42 · District Court, M.D. Louisiana · Mar 16, 1983

The so-called hiring, firing and wage setting prerogatives of the defendant are qualified powers, subject to the ultimate control of prison administrators. … Clearly, the extension of the minimum wage provisions to prison inmates was not contemplated. Therefore: IT IS ORDERED that the defendant’s motion for summary judgment be and it is hereby GRANTED.