Case law

Smith v. St. Paul Fire & Marine Insurance Company

344 F. Supp. 555 · District Court, M.D. Louisiana · Jun 22, 1972

The state of the law at the time simply gave rise to honest differences of opinion among qualified competent lawyers. … There is nothing in this case to indicate a lack of diligence on the part of the defendant or a disregard of procedures established by practicing attorneys in this jurisdiction.

State v. Watley

301 So. 2d 332 · Supreme Court of Louisiana · Oct 11, 1974

The psychiatrist was qualified as an expert in the field of psychiatry without objection. La.R.S. 15:466. … This was to establish the facts on which the medical opinion was based. La.R.S. 15:465.

Shephard on Behalf of Shephard v. Scheeler

701 So. 2d 1308 · Supreme Court of Louisiana · Oct 21, 1997

The record clearly reveals that Mr. … In my opinion, the evidence established that weather conditions and speed were the substantial factors in this accident.

Wise v. JE Merit Constructors, Inc.

707 So. 2d 1214 · Supreme Court of Louisiana · Jan 21, 1998

R.S. 23:1208.1, changing the statute's clearly articulated employee's duty to disclose into the employer's duty to discover. … Here, the employee in question clearly failed to answer truthfully by failing to answer as to "arthritis."

SFI, Inc. v. United States Fire Insurance

453 F. Supp. 502 · District Court, M.D. Louisiana · Jun 19, 1978

Clearly the whole point of requiring any alarm system was to frustrate burglars and lessen the chance or amount of loss, and the resulting liability of the insurance company. … The defendant has the burden of establishing the plaintiff’s lack of due diligence, Board of Education of Charles County v. St.

Estate of Deobald v. United States

444 F. Supp. 374 · District Court, E.D. Louisiana · Dec 28, 1977

Frances Deobald, was duly qualified as executrix of his estate. A federal estate tax return was duly filed and the estate taxes paid. … decedent the contributions made by the employer to the qualified retirement fund.

Gulf Wide Towing, Inc. v. Associated Ins. Mgrs.

563 So. 2d 432 · Louisiana Court of Appeal · May 30, 1990

The evidence presented clearly supports the trial court's finding of no agency relationship between ACU/AIM and ISL. … Plaintiff further claims that the trial court erred in relying on the testimony of Cynthia Traynor in establishing the materiality of the false answer.

Sultana Corp. v. Jewelers Mut. Ins. Co.

860 So. 2d 1112 · Supreme Court of Louisiana · Dec 3, 2003

ANN. § 22:1220(C) even if actual damages were not proven. [4] Alternatively, the appellate court further found no manifest error in the trial court's determination that Hannon's affidavit was insufficient to establish actual … [t]o qualify for; to furnish with proper grounds for seeking or claiming." BLACK'S LAW DICTIONARY 626 (4th ed.1968). Under the provisions of Section (A) of LA.REV. STAT.

George v. Borden Chemicals & Plastics Operating Ltd. Partnership

960 F. Supp. 92 · District Court, M.D. Louisiana · Mar 31, 1997

Federal Question Jurisdiction To support removal, the defendant bears the burden of establishing federal jurisdiction over the state court suit. Carpenter v. … A case “arises under” federal law when a “right or immunity created by the Constitution or laws of the United States [is] an element, and an essential one, of the plaintiffs cause of action.” Franchise Tax Bd. v. Const.

King v. Grand Cove Nursing Home

93 La.App. 3 Cir. 779 · Louisiana Court of Appeal · Mar 9, 1994

No qualified person of *352 the employer's properly went over the application and the questions of past medical history with the employee. … Additionally, the interpretation of the statute had not been clearly established in the appellate courts. For these same reasons, we also deny attorney's fees for this appeal.

Fryar v. Guste

371 So. 2d 742 · Supreme Court of Louisiana · May 21, 1979

the Court of Appeal decision reversing the trial court's dismissal of this suit and holding that certain of the files in the Attorney General's office are public records subject to examination by the plaintiff, a person qualified … The Court of Appeal was clearly correct in ruling that the interviews with the eleven persons conducted prior to adjournment of the Grand Jury were a part of the Grand Jury investigation and all matters connected therewith

Cortes v. Fleming

307 So. 2d 611 · Supreme Court of Louisiana · Dec 2, 1974

Equitable Life Assurance Society of the United States, 173 So.2d 373 (La.App., 1st Cir. 1965); cert. denied, 247 La. 1019 , 175 So. 2d 302 (1965); the right of the putative wife to the marital portion, when she is otherwise qualified … That the right of support or maintenance is established at the moment of the marriage and is an element of the obligations of the parties to one another during the marriage, is clearly established by Civil Code Article 119

Newsom v. Lake Charles Memorial Hosp.

6 La.App. 3 Cir. 1468 · Louisiana Court of Appeal · Apr 4, 2007

For the following reasons, we find that a reasonable factual basis does not exist to support the jury verdict and that the record establishes that the jury verdict is clearly wrong and manifestly erroneous. … that the fact finder is clearly wrong or manifestly erroneous.

Sun Drilling Products Corp. v. Rayborn

0 La.App. 4 Cir. 1884 · Louisiana Court of Appeal · Oct 3, 2001

Moreover, the trial court found that the evidence clearly establishes that an agreement was reached concerning Rayborn being "made whole" for his 1993 and 1994 tax liability, as a condition of the merger/sale, that Heller … We believe the record clearly establishes Astugue's "mixed motives." Note, Piercing the Corporate Veil: Personal Liability for a Corporate Officer for Intentional Interference with Contract: 9 to 5 Fashions, Inc., v.

Vega v. State Farm Auto. Ins. Co.

401 So. 2d 368 · Louisiana Court of Appeal · Apr 13, 1981

The trial court's award in this case was clearly within the bounds of that court's discretion. It does not strike us as being either too high or too low. It does not shock our consciences, and it will be affirmed. … Diane Vega certainly qualified as an insured under the three UM policies owned by the plaintiff.

Ledford v. New Orleans Saints

2008 La.App. 4 Cir. 1307 · Louisiana Court of Appeal · Apr 29, 2009

To qualify for Supplemental Earnings Benefits, a plaintiff is required to prove by a preponderance of the evidence that a work related injury resulted in the inability to earn 90% or more of the pre-injury wages. … I agree with the majority opinion that the only injury established by the record was to the claimant's "pinkie" finger.

Opinion Number

Louisiana Attorney General Reports · Mar 1, 2010

At the outset of these negotiations, the parties established ground rules for conducting the collective bargaining negotiations. … XII, § 3, which provides, "[n]o person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law."

Troendle v. DeBouchel

33 La. Ann. 753 · Supreme Court of Louisiana · May 15, 1881

Boutté were qualified as executors of his estate. *755 In March, 1879, under a foreclosure of the Berens mortgage, the two-thirds of the property were adjudicated to defendant, for $10,500 cash. … It was, therefore, competent for him to proceed before any court vested with j urisdiction over matters similar to his claim, and the Sixth District Court having concurrent j urisdiction with the Fourth, was clearly vested

Clemmons v. Zurich General Accident & Liabil. Ins. Co.

230 So. 2d 887 · Louisiana Court of Appeal · Feb 2, 1970

Clemmons they interposed the defense of immunity from liability by virtue of his position as Sheriff for the Parish of East Baton Rouge. … Green, supra, the court specifically determined: ( 186 So.2d 712, 719 ) " Clearly, Mrs.

Woodfin v. Paul, Rice & Levy, Inc.

52 So. 2d 307 · Louisiana Court of Appeal · Apr 30, 1951

In answer to this contention, we say that the reason assigned is qualified and explained in the next sentence of the motion, otherwise it could be said to be vague and general. … That fact is established and apparently admitted by the defendants. It is also established and apparently admitted by the defendants that he. was thereafter treated by Dr.