Case law

Coats v. Lee

70 So. 2d 229 · Louisiana Court of Appeal · Jan 26, 1954

Coats has appealed from the ruling assigning prejudicial error by the judge a quo in excluding evidence tendered by him to establish the prescription of thirty years under Articles 3475 and 3499, as qualified by Articles … But clearly if plaintiff through Mrs.

Opinion Number

Louisiana Attorney General Reports · Jun 1, 2007

The records of the taxing authority shall clearly reflect the objects and purposes for which the proceeds of the tax are used. While La.Rev.Stat. 38:1805 states the following: § 1805. … We agree with your assessment that providing drainage services to residents of the Development District certainly qualifies as a public purpose.

Duhon v. Slickline, Inc.

449 So. 2d 1147 · Louisiana Court of Appeal · Apr 11, 1984

Concerning the loss of tools caused by the inexperienced employee, the plaintiff stated that he felt the employee, who had worked for Slickline, Inc. for six months, should have been qualified to perform the task assigned … Kim Duhon, the record owner of one-third of the corporate stock, has pre-emptive rights established by Article XXI which would be clearly violated by such an order.

Sharp v. Johnson Bros. Corp.

719 F. Supp. 516 · District Court, E.D. Louisiana · Sep 7, 1989

The second issue is whether the plaintiff presented proof that serves to establish that he was either permanently assigned to or performed a substantial portion of his duties aboard those things which qualify under the law … Thus, it was clearly a work platform, not a vessel. Indeed, in presenting his case, the plaintiff chose to focus on his alleged attachment to all of the alleged vessels.

Levy v. BAYOU INDUS. MAINTENANCE SERVICES

855 So. 2d 968 · Louisiana Court of Appeal · Sep 26, 2003

Rice's report were based solely on the figures and circumstances established by Mr. Levy. Dr. … Moreover, on review of the record, the award clearly was based on multiple factors, and was not contingent on merely plaintiff's ability or inability to become a licensed professional counselor.

Roark v. St. Paul Fire & Marine Ins. Co.

415 So. 2d 295 · Louisiana Court of Appeal · May 10, 1982

Pankey, a highly qualified expert in the field of infectious diseases, was also introduced into evidence. Dr. … The record in this case clearly indicates that in the ordinary course of affairs, a certain number of hospital patients will contract a staph infection regardless of the conduct of the hospital.

Touchet v. Fidelity and Casualty Co. of New York

264 So. 2d 752 · Louisiana Court of Appeal · Jul 5, 1972

When we add to this the testimony of plaintiff, his co-employees, Bertrand and Stutes, and his son-in-law, Williams, which taken together clearly establishes an accident and plaintiff's continuing disability as a result thereof … We agree that that statement does not clearly express our views.

Chrysler Credit Corp. v. Whitney National Bank

824 F. Supp. 587 · District Court, E.D. Louisiana · Apr 22, 1993

Chrysler clearly did not intend to assert a fraud claim at the time it filed its original and Amended Complaints. … Dooley is clearly qualified to render expert opinions in the areas of floorplan financing and lending practices. 2.

State v. Doty

158 La. 842 · Supreme Court of Louisiana · May 25, 1925

There was clearly no violation of any right of defendant to the due process of the court, for the defendant had been granted all he asked for at that time. … The law does not require, and it is not practicable, that the tales jury box shall always contain the complement' of 100 names of men qualified for jury duty.”

Smith v. Consolidated Underwriters

53 So. 2d 264 · Louisiana Court of Appeal · May 30, 1951

But if plaintiff was making the trip in the interest of his employers and in connection with the course and scope of the duties of his employment, then clearly he is entitled to compensation. … testimony of the witnesses, which was given with fairness and frankness, that he not only did not deny plaintiff’s authority to do the acts for which plaintiff contends in support of his claim, but, on the contrary, so qualified

Succession & Community of Duhé

41 La. Ann. 209 · Supreme Court of Louisiana · Mar 15, 1889

Genevieve Madere was qualified and confirmed dative tutrix to said minors. … That this was clearly intended by the Legislature in adopting the Code, will appear from the perusal of the comparative provisions found in R. C. C. 3253, 316C, 3260.

ASI Fed. Credit Union v. Certain Underwriters at Lloyd's of London Syndicate 1414 Subscribing to Policy FINFR1503374

259 So. 3d 552 · Louisiana Court of Appeal · Nov 7, 2018

Specifically, Underwriters argues that the Policy's "Directors & Officers Exclusion Clause" clearly and unambiguously excludes coverage for ASI's claim, i.e. , the alleged theft of ASI's cash by the owner of LeoTran. … We find this statement insufficient to qualify as an admission or stipulation by Underwriters (which would obviate the certification requirement) as to the specific ATMWW/LeoTran contract to which ASI claims it was a third

Hinson v. the Glen Oak Retirement System

853 So. 2d 726 · Louisiana Court of Appeal · Aug 20, 2003

In the instant case, plaintiffs' petition clearly set forth claims of medical malpractice and in fact, the violations found by the trial court cannot be categorized as anything other than acts of malpractice. … Nurses are not qualified to diagnose diseases or illnesses. After reading Mrs.

Brumfield v. Cain

854 F. Supp. 2d 366 · District Court, M.D. Louisiana · Feb 23, 2012

Specifically, both Atkins and Ford had been decided and clearly established before that date. … There is no federally-established, bright-line cutoff for persons to qualify as mentally retarded, even using an objective IQ test as the measure for the intellectual functioning prong.

United States ex rel. Sheffield v. Waller

126 F. Supp. 537 · District Court, W.D. Louisiana · Dec 23, 1954

On further questioning the next day, he withdrew his statements tending to establish self-defense and made a damning confession which was the coup de grace at his trial. … This clearly was unnecessary to the State’s case, and was done to prejudice the jury. 13 Defense counsel made no post-trial motions and did not appeal.

Hampton v. Greenfield

576 So. 2d 630 · Louisiana Court of Appeal · Mar 14, 1991

Liability of the State Uncontradicted expert testimony at the trial clearly established that Charity's policy allowing SRNA Reyes to respond to this code call was a breach of the applicable standard of care, as the trial … We agree with plaintiff that the trial judge's conclusion as to causation is based upon improper legal analysis and is clearly wrong.

Forstall v. Daigrepont

551 So. 2d 653 · Louisiana Court of Appeal · Sep 28, 1989

Clearly, this issue was a matter of fact solely within the province of the jury. … Clearly, an award of $10,000 to plaintiff for his injuries was one that reasonable men could reach.

Greer v. State, Department of Transportation & Development

437 So. 2d 1170 · Louisiana Court of Appeal · Aug 15, 1983

damages to plaintiffs’ houses and buildings, judgments were rendered in favor of each plaintiff against the defendants in sol-ido. 1 The defendants appealed, specifying *1172 as error the trial court’s findings that the established … The defendants presented a strong defense based on the testimony of four well-qualified experts, a geologist and three engineers.

South Central Bell Telephone Co. v. Traigle

357 So. 2d 610 · Louisiana Court of Appeal · Mar 20, 1978

“And it is a general rule of statutory construction that qualifying words or phrases are to be applied to the words or phrases immediately preceding. … The underlined portion clearly relates to “public utility” and is the only type of business which is made subject to the additional license tax.

Bruce v. Rogers Oil Tool Services, Inc.

556 So. 2d 922 · Louisiana Court of Appeal · Feb 7, 1990

In effect, the impact must be the result of an unbroken chain of events with a clearly definable beginning and ending, occurring in a continuous sequence." … Bernard was well qualified and well prepared, and we find that a reasonable juror could have accepted his version of the facts.