Case law

Opinion Number

Louisiana Attorney General Reports · Jun 26, 1999

In your first question, you ask at what point in the process of qualifying to attend a post-secondary institution has a student "redeemed" a Louisiana Honors Scholarship. … If the Legislature had intended to limit when the TOPS Scholarships could be redeemed, it could have clearly so stated.

Katz v. Katz Realty Co.

228 La. 1008 · Supreme Court of Louisiana · Dec 12, 1955

Seghers, a qualified surveyor. … LSA-Civil Code cording to the rules established in the Article 1926.

Wagley v. Cross

347 So. 2d 859 · Louisiana Court of Appeal · Jun 30, 1977

The east and north lines have clearly visible enclosures. The Cross residence is just beyond the east line and the property on which the residence is located merges into the disputed property. … The evidence as a whole preponderates to establish that Cross did possess as owner.

Marinoni v. Levy

9 Teiss. 253 · Louisiana Court of Appeal · Apr 17, 1912

to establish a new rule, it will be construed as merely declaratory of the law as it stood before its adoption. 126 S. … Such recital in no manner qualifies or recites the unconditional promise to pay the fixed sum on a fixed day. Cases sustaining this view will be found in Crawford Neg. Inst. Law, P. 10 and 11, Ogden on Neg.

Elbert v. Lumbermen's Mut. Cas. Co.

107 F. Supp. 299 · District Court, W.D. Louisiana · Sep 4, 1952

Having in mirid the sense of immunity of the owner protected by the insurance and the possible danger of a less degree of care due to that immunity, it would seem to be a reasonable provision by the state in the interest … Smart, supra, the claim in Gaines had been established against the obligor., American Surety Co. v. Lewis State Bank, 5 Cir., 58 F.2d 559 , is not at all similar to the present case.

State ex rel. Bourg v. Turner

152 La. 828 · Supreme Court of Louisiana · Nov 10, 1922

Although such right is not given by any statute of the state, the principle is well established'in the jurisprudence of the state that one presenting a petition clearly alleging his actual incumbency of an office is entitled … any right under his appointment, the police jury appointed Keller to his posi *841 tion, who qualified by taking the oath of office.

Webb v. Keller

39 La. Ann. 55 · Supreme Court of Louisiana · Jan 15, 1887

Susan Quirk’s claims and pretensions are concerned, they are clearly covered by, and embraced in that decree; aud the plea of res judieata must be sustained. … Beulah Beggs, the decree *65 quoted does not establish res judicata, but it furnishes a forcible precedent. Y. Notwithstanding the fact that the second marriage of Ur.

Weeden Engineering Corp. v. Hale

435 So. 2d 1158 · Louisiana Court of Appeal · Jul 21, 1983

They maintain that this language is clearly indicative of a principal-agent relationship between Mr. … It is well-established in our jurisprudence that statutes are to be construed in such a manner as to effectuate their purpose.

State Of Louisiana v. Jeffery Floyd Baham

Louisiana Court of Appeal · Apr 12, 2022

R.S. 14: 403. 10 B establishes a three -prong test for determining whether the immunity it establishes applies. … If the defendant had consumed alcohol instead of drugs on the night he was arrested, the prosecutorial immunity of La. R.S. 14: 403. 10( B) clearly would not apply to him. See State v.

RO Roy & Company, Inc. v. a & W TRAILER SALES

277 So. 2d 204 · Louisiana Court of Appeal · Apr 3, 1973

Truck Lines, 209 La. 582 , 25 So.2d 236 , and Article 2474 declares that "The seller is bound to explain himself clearly respecting the extent of his obligations: any obscure or ambiguous clause is construed against him'. … Plaintiff's well-qualified expert, Dr. Barnwell, expressed the firm opinion, based on his examination and experiments, that the trailer was improperly designed for its intended use.

LHO New Orleans LM, L.P. v. MHI Leasco New Orleans, Inc.

2003 La.App. 4 Cir. 1283 · Louisiana Court of Appeal · Mar 3, 2004

Finally, LaSalle contends that the arbitrators manifestly disregarded well-established Louisiana law on the personal property tax issue. … Thus, the doctrine of “manifest disregard of the law” clearly requires more than simply an error of law on the part of an arbitrator.

Guillot v. East Jefferson General Hospital

2002 La.App. 5 Cir. 1074 · Louisiana Court of Appeal · Jan 28, 2003

The parties stipulated that if Vonda Stamply were called to testify, she would qualify as a nursing expert, and she would state that it is a breach of the standard of care to drop a patient, and that Ms. Ba-chus and Ms. … However, it is the plaintiffs burden to establish a causal connection between injuries and an accident by a preponderance of the evidence. Jones v. Rapides General Hospital, 598 So.2d 619, 621-622 (La.App. 3 Cir.1992).

Lewis v. United States of America

District Court, M.D. Louisiana · Sep 27, 2019

The Fifth Circuit has explained: Section 702 contains two separate requirements for establishing a waiver of sovereign immunity. See Lujan v. … In order for the agency action to qualify in the waiver of sovereign immunity analysis, a specific agency action must be identified. Alabama-Coushatta, 757 F.3d at 491.

Willis v. Noble Drilling (US), Inc.

11 La.App. 5 Cir. 598 · Louisiana Court of Appeal · Nov 13, 2012

Willis does not qualify as a “seaman” under OSHA because he lacks a connection to a vessel or vessels that is substantial in terms of time and nature. 12 See also, Willis v. … Thus, the unrefuted evidence at trial established that OSHA applied in this instance.

Fox v. State Farm Mutual Automobile Insurance Co.

273 So. 2d 743 · Louisiana Court of Appeal · Feb 6, 1973

Fox has clearly exaggerated her injuries and pain and discomfort she suffers. … Once past that period, however, it appears to us that the evidence clearly establishes, even that of Dr. Salatich, that while she will suffer pain from time to time, this plaintiff is not disabled from doing work.

Bright v. Ashcroft

259 F. Supp. 2d 494 · District Court, M.D. Louisiana · Feb 11, 2003

that he is qualified to opine about such matters. … Circuit concluded that “death clearly matters, as the deceased by definition cannot personahy suffer the privacy-related injuries that may plague the living.” 15 Campbell v.

Franks v. Harper

141 So. 2d 690 · Louisiana Court of Appeal · Mar 8, 1962

obligation as usufructuary to carry fire insurance for the protection of the one-third interest of which said two minors were naked owners, it is our opinion that although the said minors themselves, through their properly qualified … On the other hand, defendant argues the well established general principle of law that a policy of fire insurance is a personal contract between the insurer and the insured and that a person who is not either a party to the

State Ex Rel. Jym

53 So. 3d 607 · Louisiana Court of Appeal · Dec 8, 2010

Further, the record also clearly supports the State's assertion that P.J.M. demonstrates unhealthy behavior. The trial court did not err in concluding that P.J.M.' … We also find that the trial court was not clearly wrong in finding that the State satisfied its burden under La.Ch.Code art. 1015.

Wirtz v. Local 174, American Fed. of Musicians

272 F. Supp. 294 · District Court, E.D. Louisiana · Jul 21, 1967

Eng., supra, the act itself clearly indicates a limitation of the part of the Secretary and the court to consider only matters in which a member has exhausted his internal remedies. … At the time of the protested election, the defendant union had a total of 839 members in good standing, twenty-seven of whom *297 were qualified for the office of President or Vice-President.

Sims v. Liberty Mut. Ins. Co.

4 La.App. 3 Cir. 584 · Louisiana Court of Appeal · Mar 2, 2005

"A district court's decision to qualify an expert will not be overturned absent an abuse of discretion." Id. The City cites Daubert v. … "It is well established that a loss of future earnings award is not merely based upon the difference between a plaintiff's earnings before and after a disabling injury.