Case law

Bynog v. MRL, LLC

903 So. 2d 1197 · Louisiana Court of Appeal · Jun 1, 2005

heat or smoke (it was established that the plaintiffs were not smokers). … We cannot say that such a decision was clearly wrong.

American Gen. Inv. Corp. v. St. Elmo Lands

391 So. 2d 570 · Louisiana Court of Appeal · Nov 12, 1980

The record establishes that the law firm was discharged and directed to withdraw long before the joint motion to dismiss was filed. LSA-C.C.P. … The law firm's assertion that the right to dismiss is qualified by its right to proceed against the defendant for recognition and payment of legal fees is clearly wrong.

Gulf Toy House, Inc. v. Bertrand

306 So. 2d 361 · Louisiana Court of Appeal · Jan 15, 1975

This expense appears to us to be part of the normal administrative and supervisory expenses which do not qualify as special expenses. They are much like the expenses alleged in Orkin v. … The case clearly dealt with secret and confidential information of a type not found in this case. In Delta Finance Company of Louisiana v.

Travis v. DeRidder Municipal Fire & Police Civil Service Board

801 So. 2d 445 · Louisiana Court of Appeal · May 16, 2001

The appointing authority did not establish the offense complained of im *447 paired the efficient operation of the governmental entity. 4. … The board obviously believed the testimony which clearly established that the appellant lied when she told people she was a paramedic and that she falsified public records by representing in her signature that she was a paramedic

O'BANNON FOR O'BANNON v. Azar

506 So. 2d 522 · Louisiana Court of Appeal · Mar 4, 1987

When, as is true in this case, a child's right to establish filiation has been vigorously prosecuted by his mother from trial to court of last resort, her failure to note on the petition that she is the child's representative … Richardson, 372 So.2d 1188 (La.1979), as authority for his response that the natural tutor need not qualify as tutor before she brings suit.

California & Hawaiian Sugar Co. v. Columbia Steamship Co.

391 F. Supp. 894 · District Court, E.D. Louisiana · Dec 28, 1972

Leon Bordenave, an employee of International Telephone and Telegraph Company-Mackay Marine, was qualified to testify as an expert with respect to the operation and maintenance of the Submarine Signal Model 896 fathometer. … The characteristics of the island are clearly defined and elevation at various parts of the island are given.

N.S. v. City of Alexandria

919 F. Supp. 2d 773 · District Court, W.D. Louisiana · Jan 24, 2013

“To prevail on an excessive force claim, a plaintiff must show: (1) injury, (2) which resulted directly and only from a use of force that was clearly excessive, and (8) the excessiveness of which was clearly unreasonable. … Therefore Fairbanks’s actions were reasonable under the circumstances and objectively reasonable under clearly established law, such that we will grant summary judgment on this claim in his favor. (Doc. 76-8).

Kerr v. American Tugs of Venice, Inc.

522 So. 2d 190 · Louisiana Court of Appeal · Mar 14, 1988

The testimony of both doctors clearly indicates that the plaintiff developed degenerative disc disease after his accident in 1972. … Bloomer also establishes that the employer is entitled to recoup from a third-party recovery the entire amount of the benefits paid without a reduction for its proportionate share of the litigation expenses and attorneys’

Savoie v. Larmarque Ford, Inc.

16 La.App. 5 Cir. 221 · Louisiana Court of Appeal · Dec 7, 2016

Du-puy, died on June 24, 2015, and that her current attorney had to “re-establish nearly eleven years of litigation without the benefit of prior counsel.” Ms. … Sa-voie stresses that she has exhibited no intent to abandon her action and cites to well-established jurisprudence that La.

DiVincenti v. McIntyre

611 So. 2d 140 · Louisiana Court of Appeal · Nov 4, 1992

Pace, USAF retired, was qualified without objection as an expert in reading and interpreting USAF personnel records. … Where there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong....

Tauzin v. Sam Broussard Plymouth, Inc.

283 So. 2d 266 · Louisiana Court of Appeal · Sep 18, 1973

Clearly, there is evidence to sustain that such an adjustment is necessary in order to sell a car which has been wrecked prior to its sale as a new car. … This article clearly leaves to the trial *270 judge an abundance of discretion in formulating a remedy appropriate to the situation.

State v. Washington

597 So. 2d 1084 · Louisiana Court of Appeal · Apr 8, 1992

By virtue of that background, he more than adequately qualified as an expert for purposes of identifying the seized substance as cocaine. As shown by the record, defense counsel extensively cross-examined Mr. … This assignment clearly lacks merit.

State v. Hebert

182 So. 3d 23 · Supreme Court of Louisiana · Oct 2, 2015

Relator also fails to show appellate counsel “ignored issues ... clearly stronger than those presented,” Smith v. … To show “prejudice” as required in order to establish ineffective assistance of counsel, the petitioner must demonstrate that, but for counsels’ unprofessional conduct, the outcome of the trial would have been different.

Abraham v. RICHLAND PARISH HOSP. SERVICE

894 So. 2d 1229 · Louisiana Court of Appeal · Feb 8, 2005

To establish a cause of action for monopoly, the pleadings must state facts sufficient to show that the defendant: (1) possessed monopoly power in a clearly defined economic and geographic market (the relevant market), and … However, he noted that with the exception of some Rayville residents who established relationships with the plaintiffs while they had their Rayville clinic, Rayville residents generally do not seek primary care in Mangham

Carpenter v. Cox

186 So. 863 · Louisiana Court of Appeal · Dec 9, 1938

The above recited facts clearly reveal that plaintiff had an interest in discharging defendant’s portion of the indebtedness. … Corpus Juris, Vol. 37, verbo, “Limitations of Actions” § 5, states: “A wide distinction exists between pure statutes of limitation and special statutory limitations qualifying a given right.

Wilson v. Laitram Corp.

131 F. Supp. 2d 826 · District Court, E.D. Louisiana · Feb 16, 2001

Clearly, she suffered an adverse effect to her employment through termination on February 11, 1999. Plaintiffs Exhibit K. … The establishment of a prima facie case gives rise to an inference of retaliation. Id.

State v. Ceaser

249 La. 435 · Supreme Court of Louisiana · Jun 6, 1966

At the trial of the Celestine brothers Ceaser gave testmony which was clearly incriminating. … Two were excused by the court as tin-qualified-being unable to read or write. La.Code Crim.Proc. art. 172. Three were excused because they were traveling salesmen and claimed the exemption accorded them by law.

Ramp v. St. Paul Fire and Marine Insurance Co.

254 So. 2d 79 · Louisiana Court of Appeal · Dec 7, 1971

(Emphasis supplied) When the surviving spouse qualified as testamentary executrix of the succession, plaintiffs contacted the law firm of Plotkin, Nelkin and Alvarez regarding their rights in the succession. … Before the compromise agreement was drafted by the succession attorney, Plotkin and Nelkin dissolved their partnership, the latter establishing a new office.

Continental Bank & Trust Co. v. Sacks

152 La. 97 · Supreme Court of Louisiana · May 29, 1922

These facts are in our opinion well established by the testimony of George Hearne, president of the bank, R. L. McJeter, cashier, and by R. J. Dougherty. … This paragraph clearly applies only to the parties to the instrument, “aE parties liable thereon.” The plaintiff bank is not a party to the Sacks note.

State ex rel. Cunningham v. Board of Assessors

52 La. Ann. 223 · Supreme Court of Louisiana · Dec 15, 1899

The State and City, in our opinion, are clearly entitled to the remedy given by the law to compel official performance of mere ministerial duty. … We are clearly of opinion that it is exempt from taxation, but not that property the association holds for other purposes.