Case law

Burton v. Conoco Offshore, Inc.

631 So. 2d 1374 · Louisiana Court of Appeal · Feb 9, 1994

The record clearly establishes that Conoco in no way supervised or controlled any aspect of appellant's job performance. Mr. … Just because a substance is classified as hazardous waste does not mean that it qualifies as ultrahazardous. Dr. George stated that in his expert opinion the additives could have been handled safely.

Fawer, Brian, Hardy & Zatzkis v. Howes

93 La.App. 4 Cir. 2076 · Louisiana Court of Appeal · Jun 15, 1994

Howes' second argument is that, even if admissible, the billing statements are not sufficient to prove that the legal services were rendered or to establish the amounts owed. … The term "clearly excessive" used by the Court in Leenerts Farms [ Inc. v.

Arledge v. Bell

463 So. 2d 856 · Louisiana Court of Appeal · Jan 23, 1985

He was survived by one brother, Alvin Julius Arledge, the duly qualified administrator of this succession. Defendant herein is one of the three children born to Willie Bell and is therefore a nephew to the decedent. … While the remission of a debt cannot be revoked by a creditor, remission is never presumed unless it clearly appears that the creditor intended it.

Joseph E. BOUDREAUX, II v. Jennifer BOUDREAUX; Jennifer Anne Theriot Boudreaux v. Joseph Elton Boudreaux, II

180 So. 3d 1245 · Supreme Court of Louisiana · Oct 14, 2015

Thus, he argues, the *1250 statute clearly allows him to apply for and receive IV-D child support services. … “Support services” and “support • enforcement services”. are clearly defined in La.

Boudreaux v. Larpenter

2011 La.App. 1 Cir. 0410 · Louisiana Court of Appeal · Jun 1, 2012

The TPCG’s conduct in passing the ordinances to establish a weight limit is clearly rationally related to its legitimate interest in protecting a road for which it was financially responsible. … ; therefore, the weight limit was clearly not established in an arbitrary or capricious manner.

Conoco, Inc. v. Tenneco, Inc.

524 So. 2d 1305 · Louisiana Court of Appeal · Mar 9, 1988

generally applicable to other gas in the same area, which is higher than the price otherwise provided herein, then the price to be paid by Buyer to Seller for such portion of the gas delivered hereunder which would otherwise qualify … These cases are clearly distinguishable from the instant case and Tenneco's argument as to the applicability of the manifest error rule is without merit.

Bailey v. Leblanc

14 La.App. 3 Cir. 267 · Louisiana Court of Appeal · Nov 12, 2014

A court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong.” … that the finding is clearly wrong (manifestly erroneous).

Rosier v. State

50 So. 2d 31 · Louisiana Court of Appeal · Jan 5, 1951

As a result, he used what was available, which turned out to be a sign with a qualified warning, "Road Under Water, Travel At Your Own Risk." … The fact that the evidence clearly establishes that neither the sign nor flare were in place at the time the Coon vehicle passed this crossroad, makes it unnecessary to consider whether or not plaintiff Aaron Coon and his

Billeaud v. Poledore

603 So. 2d 754 · Louisiana Court of Appeal · May 22, 1992

Tort immunity under the borrowed servant doctrine is an affirmative defense within the context of a tort action. Brumbaugh v. … Hebert, testified light duty jobs for which plaintiff was qualified were available in the Lafayette area.

HTW Transp. Co. v. New Orleans Aviation Bd.

527 So. 2d 339 · Louisiana Court of Appeal · May 12, 1988

The specifications stated that the "top qualified bid" would be selected. … Since the jurisprudence clearly establishes that the contract at issue is subject to Louisiana's Public Bid Law, consideration of the applicability of the State Procurement Code is unnecessary.

State v. Lee

247 La. 553 · Supreme Court of Louisiana · Feb 25, 1965

Constantino, D.C., 201 F.Supp. 160 (change of street number), Cornelius on Search and Seizure, 2d Ed., page 585, and Varon on Searches, Seizures and Immunities, Vol. 1, page 354, et seq. … Furthermore, as the application for this search warrant clearly and unequivocally shows, the officers conducted a surveillance of this very address, and Nedd and two other users of marijuana, Adam Lawrence and Sanford Green

Polites v. Millers Mutual Fire Insurance Co.

267 So. 2d 214 · Louisiana Court of Appeal · Sep 29, 1972

While the amount might not be what this court would have awarded under the circumstances, we cannot say the award was clearly or manifestly excessive. … Clearly this is sufficient special study and experience to qualify him as an expert.

Opinion Number

Louisiana Attorney General Reports · Mar 16, 2001

R.S. 56:366(B) and 279(B) establish the goals of the Council. … We further believe the terms of the reimbursement should be clearly set forth in the cooperative endeavor agreement.

Lee v. Sun Life Assurance Co. of Canada

20 F. Supp. 2d 983 · District Court, M.D. Louisiana · Sep 21, 1998

Thus, a “plan” clearly exists under this standard. … A multiple employer trust is an arrangement whereby employers with too few employees to qualify for group rates on their own may subscribe to a trust, which “pools” the employers’ premiums and issues a policy covering the

Bear Indus., Inc. v. Hanover Ins. Co.

241 So. 3d 1159 · Louisiana Court of Appeal · Jan 4, 2018

Louisiana Revised Statutes 9:4802 clearly defines those persons granted a claim or privilege pursuant to the Act and provides, in pertinent part: A. … They maintain that the uncontroverted testimony at trial established that it had incurred at least $75,000.00 in attorney fees.

Gasquet v. Johnston-Brewsters' Intervening

2 La. 514 · Supreme Court of Louisiana · Jun 15, 1831

The appellant’s counsel has urged that these facts establish a fraud in Johnson, which, were the hats still in his possession, would authorize them to claim them back; and that the attachment by his creditors does not affect … There may be cases, as those in the ■3473d article of our Civil Code, in which the sale of a third ¡persons thing, may transfer a property which the vender has not, either in an absolute or qualified manner.

Ardoin v. McKay

939 So. 2d 698 · Louisiana Court of Appeal · Sep 27, 2006

"The determination of an expert's credibility is also a factual question subject to the manifestly erroneous/clearly wrong standard of review." Id. … "Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence.

Jackson v. St. John the Baptist Parish School Board

15 La.App. 5 Cir. 254 · Louisiana Court of Appeal · Oct 14, 2015

a certificate from a physician to establish such an injury or disability. … In order to qualify for the sick leave benefits set forth in La.

Maryland Casualty Company v. Kramel

80 So. 2d 897 · Louisiana Court of Appeal · May 18, 1955

While it is clearly established that the policy in effect at the time of the accident was intended and understood as a renewal of the previously existing policy, there was inserted in the latter policy the $50 deductible … It was clearly the intention of the defendants to have the former policy renewed in its precise terms.

United States v. St. James Parish

792 F. Supp. 1410 · District Court, E.D. Louisiana · Apr 6, 1992

The Hill-Burton Act 42 U.S.C. § 291i provides no definitive guidance, and the jurisprudence is equally elusive on the subject, although clearly under United States v. St. … If any facility with respect to which funds have been paid under section 606 shall, at any time within 20 years after completion of construction or modernization— (1) be sold or transferred to any entity (A) which is not qualified