Case law

Rue v. Continental Insurance Co.

366 So. 2d 629 · Louisiana Court of Appeal · Dec 20, 1978

However, he qualified his testimony by indicating that had he known of the test given before the date of the accident, as well as further case history, his conclusion might have been different. … Clearly, the written rea *634 sons and final judgment are not inconsistent with and contrary to each other. We thus find no merit to plaintiff’s contention.

George v. Honeywell International, Inc.

328 F. Supp. 2d 627 · District Court, M.D. Louisiana · Aug 6, 2004

White believed that Sorrell, who is an African-American, was the most qualified and appropriate candidate for the position. 5 Following Sorrell’s selection in 2001, plaintiff began to complain to several of his Honeywell … There was no evidence of discrimination and Honeywell has clearly established a non-discriminatory reason why the panel did not select the plaintiff.

Ragas v. Ragas

690 So. 2d 1112 · Louisiana Court of Appeal · Mar 19, 1997

We further determine that the item listed as "assignment of proceeds ... $6,500.00" fails to qualify as a privileged expense. … Dupuis clearly illustrates the dire circumstances requiring advancement of medical expenses and living expenses. Dupuis, 609 So.2d at 1193 .

Pamela Fisher v. the Blood Center and Abc Insurance Company

Louisiana Court of Appeal · Feb 10, 2021

“When prescription is raised by peremptory exception, with evidence being introduced at the hearing on the exception, the trial court’s findings of fact on the issue of prescription are subject to the manifest error-clearly … Once notified that “The New Orleans Blood Bank” was not a qualified healthcare provider under the Medical Malpractice Act, Ms.

Whitten v. Travelers Insurance Company

141 So. 2d 40 · Louisiana Court of Appeal · Apr 24, 1962

The Vehicle Certificate of Title Law clearly does not make the sale of a motor vehicle void if the transfer is not executed in conformity with that statute. … It follows, since plaintiff has failed to establish his claims to damages by acceptable proof thereof, that his demands must be rejected.

Murrill v. Edwards

613 So. 2d 185 · Louisiana Court of Appeal · Dec 21, 1992

In order for the plaintiffs to obtain a writ of mandamus, they must establish that the performance sought is a ministerial duty. … By the rule established in Hickey , Governor Edwards, clearly, was under no obligation to do so.

Royal Oldsmobile Co. v. Heisler Properties, L.L.C.

12 La.App. 5 Cir. 608 · Louisiana Court of Appeal · May 16, 2013

land from its owners. 1 This lease, in addition to giving Royal the right to use the leased-land, gave Royal a right of first refusal allowing Royal to buy the leased-land should its owners, the lessors, ever receive a qualifying … that the finding is not clearly wrong (manifestly erroneous).

State v. Murphy

234 La. 909 · Supreme Court of Louisiana · Nov 12, 1957

the property had been stolen”, thus dispelling any idea that the judge intended to convey to them that there is a factual presumption of guilt arising from possession alone but only that such recent possession tends to establish … It provides: “It shall not be sufficient cause to challenge the venire selected for any session of the court * * * or to set aside the venire, because some of the jurors on the list are not qualified to act, nor because of

Adams v. Fazzio Real Estate Co.

268 F. Supp. 630 · District Court, E.D. Louisiana · May 9, 1967

The statutory language leads clearly to this result. Congressional committee reports confirm it. … They demonstrate whether the statutory language was inadvertent or clearly directed to the intended purpose. Honorable Robert W.

Howard Trucking Co., Inc. v. Stassi

474 So. 2d 955 · Louisiana Court of Appeal · Jun 3, 1985

Howard Trucking alleges it assumed the property was adjudicated to be in its ownership and therefore there was no statutory requirement for a judicial sale of the property in order to qualify for a deficiency judgment, which … Clearly, it was not an issue in the bankruptcy proceeding; therefore, there is no judgment binding on this matter.

Derrick Dean, M.D. v. St. Mary Emergency Group, LLC

Louisiana Court of Appeal · May 17, 2017

(4) Designated representatives of the board and any vendor or contractor establishing or maintaining the prescription monitoring program. F. … The term “submitted” when read in combination with La.R.S. 40:1006 clearly implies the input of the listed information into the database.

Locklear v. Visko's, Inc.

532 So. 2d 937 · Louisiana Court of Appeal · Oct 12, 1988

The policy language clearly expresses that it is an ERISA plan. … Clearly, absent the insurance savings clause, Locklear’s case would be pre-empt-ed by ERISA.

Bearden v. Rucker

437 So. 2d 1116 · Supreme Court of Louisiana · Sep 2, 1983

Bearden's status under the policy, that is, whether she qualifies as a "named insured" within the meaning of the policy definition. … Bearden qualifies as a "named insured," for she is the spouse of "the individual named in Item 1 of the declarations" and "a resident of the same household."

A to Z Paper Co., Inc. v. Carlo Ditta, Inc.

720 So. 2d 703 · Louisiana Court of Appeal · Sep 9, 1998

He has qualified as a New Orleans zoning and land use expert in Civil District Court for the Parish of Orleans. … Our review of the affidavits of the neighboring residents shows clearly that many were not aware that the South Peters Street facility was closed.

Guidry v. Houston General Ins. Co.

396 So. 2d 578 · Louisiana Court of Appeal · Mar 11, 1981

that the finding is not clearly wrong. … officers" of the Police Jury is not clearly wrong.

White v. WEST CARROLL HOSP., INC.

598 So. 2d 1134 · Louisiana Court of Appeal · Jul 1, 1992

The filing of a request for review of a claim shall suspend the running of prescription against all solidary obligors, including but not limited to health care providers, both qualified and not qualified, to the same extent … Prescription runs against all persons except those included in some exception established by law.

Dow Chemical Co. Louisiana Operations Complex Cellulose & Light Hydrocarbons Plants, Part 70 Air Permit Major Modifications & Emission v. Reduction Credits

885 So. 2d 5 · Louisiana Court of Appeal · Sep 17, 2004

LEAN argues that in order to qualify as credits, emission reductions must be “surplus, permanent, quantifiable, and enforceable,” citing to LAC 33:III.607(F)(1). … The district court specifically noted that the record clearly showed that the DEQ had entered into the requisite fact-finding and cost-benefit analysis.

State v. Kirts

447 So. 2d 1 · Louisiana Court of Appeal · Mar 7, 1984

This article does not affect the right to challenge for cause, a juror who is not qualified to serve." … The defendant has the burden of establishing fraud or that some irreparable injury has been caused by the jury selection process. State v. Liner, 397 So.2d 506 (La.1981).

Clark v. STATE, DEPT. OF REVENUE

849 So. 2d 700 · Louisiana Court of Appeal · May 9, 2003

As a result, the Commission ordered that Cajun establish an escrow fund to deposit that portion of the charged electric rates allocated to interest expenses. … The members clearly have a right to bring the instant action to collect a refund as taxes that they paid.

Watters v. Department of Social Services

2008 La.App. 4 Cir. 0977 · Louisiana Court of Appeal · Jun 17, 2009

Addressing the damages element, the trial court expressly found the Class Representatives established they suffered personal damages reasoning: The credible testimony of plaintiffs establishes that they suffered personal … R.S. 23:13 and thus was not entitled to immunity under La. R.S. 9:2798.1. VII.