Case law

Hanover Insurance Co. v. Jacobson-Young, Inc.

294 So. 2d 564 · Louisiana Court of Appeal · May 10, 1974

that the exclusions provided as follows: "This insurance does not apply, under the Garage Liability Coverages: * * * * * * "(g) to property damage to (1) property owned by, rented to or held for sale by the insured, * * *" Clearly … We interpret the clause "None of the following is an insured" as intending to exclude all persons thereafter listed from qualifying as "Persons Insured", even if qualified as an omnibus insured under the first section of

Fluker v. Manson Gulf, LLC

193 F. Supp. 3d 668 · District Court, E.D. Louisiana · Jun 16, 2016

In other words, “where undisputed facts reveal that a maritime worker has a clearly inadequate temporal connection to vessels in navigation, the court may take the question from the jury by granting summary judgment or a … Because the plaintiff cannot establish an essential element of his Jones Act negligence claim, summary judgment in C&G’s favor is warranted. B.

Johnson v. N. ORLEANS CHARITIES BLDG. CORP.

812 So. 2d 741 · Louisiana Court of Appeal · Feb 15, 2002

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. … Here the taxpayer has failed to clearly, unequivocally and affirmatively establish its entitlement to the exemption.

State ex rel. Holmes v. Wiltz

11 La. Ann. 439 · Supreme Court of Louisiana · Jun 15, 1856

There is established in each parish an office for the recording of mortgages, privileges and donations.” “ Art. 3350. … It has not been suggested that the code of 1825, which treats directly of the office itself, extinguished the old office and established a new one.

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). . . .

Regira v. Falsetta

405 So. 2d 850 · Louisiana Court of Appeal · May 22, 1981

additional candidates qualifying for that [the] office. [...] … participates at every stage and establishes a reasonable and fair process which should logically apply to general elections as well.

Deegan v. RAYMOND INTERN. BUILDERS. INC.

518 So. 2d 1082 · Louisiana Court of Appeal · Nov 9, 1987

He may well have found that Deegan qualified under the statute in question as workmen's compensation claimants sometimes benefit from a sympathetic judicial ear in ways other plaintiffs do not. … If not clearly wrong, a trial judge's findings of fact are not changed on appeal unless there is an unreasonable basis for the findings. See Arceneaux v.

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.

State v. LeBlanc

517 So. 2d 951 · Louisiana Court of Appeal · Oct 7, 1987

Well, I don't claim to be a qualified property appraiser in that sense. … These photos were exhibited to the jury and clearly show extensive fire damage to the interior of the trailer.

Jordan v. Gautreaux

District Court, M.D. Louisiana · Mar 25, 2022

Finally, Gautreaux, Grimes, and Leader are entitled to qualified immunity. (Id.) … Phrased another way, “[w]hen considering a defendant's entitlement to qualified immunity, [the Court] must ask whether the law so clearly and unambiguously prohibited his conduct that ‘every reasonable official would understand

Hebert v. Barry's Air Conditioning, Inc.

16 La.App. 3 Cir. 911 · Louisiana Court of Appeal · Aug 31, 2017

is clearly wrong (manifestly erroneous].” … Co., 08-926 (La.App. 3 Cir. 2/4/09) , 6 So.3d 860 (holding that the treating chiropractor was qualified as an expert to give her conclusion regarding causation). The trial court ruled that Dr.

City of Shreveport v. Pupillo

390 So. 2d 941 · Louisiana Court of Appeal · Oct 28, 1980

The City, on reviewing defendant's tax returns, believed defendant qualified for this payment and offered him the maximum $10,000. … To qualify for a payment, the business must meet the definition set forth in Section 42.20(a) of the regulations. 6-33. AMOUNT OF PAYMENT.

James Robinson v. the Board of Supervisors for the University of Louisiana System and Joey Sturm, Individually and in His Official Capacity as Chief of Police for the University of Louisiana at Lafayette

225 So. 3d 424 · Supreme Court of Louisiana · Jun 29, 2017

Under the burden-shifting framework established in McDonnell Douglas Corp. v. … Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), in order to establish a prima facie case of employment discrimination based on age, a plaintiff must prove that: (1) he was discharged; (2) he was qualified for

Walker v. Walker

832 So. 2d 1098 · Louisiana Court of Appeal · Dec 4, 2002

, we must find that a reasonable factual basis does not exist for the trial court's finding and that the record establishes that the finding is clearly wrong. [2] EXCHANGE OF INCOME INFORMATION Mr. … Thus, they do not qualify as an extraordinary expense to be allocated above the basic child support obligation. We reverse this part of the trial court's ruling. RETROACTIVITY Lastly, Mr.

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.

Lpc v. Larrison Family Health Center

870 So. 2d 575 · Louisiana Court of Appeal · Apr 7, 2004

Sherlyn Bell Larrison, husband and wife, moved to Louisiana to establish a rural family medicine clinic in the community of Pierre Part. … The doctrine implies that the arbitrator appreciates existence of clearly governing Illegal principle but decides to ignore or pay no attention to it. Welch v. A.G.

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.

Opinion Number

Louisiana Attorney General Reports · Aug 24, 1993

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally, and affirmatively established. Zapata Haynie Corp. v. Larpenter, 583 So.2d 867 (La.App. 1st Cir. 1991), Writ Denied. … Addressing the issue of exemption, this office has consistently held that in order to qualify for an exemption from ad valorem taxes under La. Const. Art.

State v. Hair

784 So. 2d 1269 · Supreme Court of Louisiana · May 15, 2001

A statute *1274 is presumed to be constitutional, and the burden of clearly establishing unconstitutionality rests upon the party who attacks the statute. Id., State v. Newton, 328 So.2d 110, 117 (La.1975). … Furthermore, La.Rev.Stat. 2057 clearly provides that "No person shall...