Case law

Tin, Inc. v. Washington Parish Sheriff's Office

2012 La.App. 1 Cir. 0156 · Louisiana Court of Appeal · Jul 2, 2012

DMA asserted that the taxpayer had incorrectly overpaid use taxes between January 1, 2001 through November 30, 2003, on caustic soda and NaSH, which, DMA asserted, qualified for “the raw material exclusion” and for which … Clearly, the latter remedy, which appears to reference the provisions of La.

Henderson v. Bigelow

982 So. 2d 941 · Louisiana Court of Appeal · Apr 9, 2008

There was no intent on the part of the legislatures to qualify, in any way, the right of access. [Citations omitted]. … This general right was expressly qualified, however, by the exclusionary provision authorizing exceptions "in cases established by law."

Brumfield v. Spera

25 So. 3d 249 · Louisiana Court of Appeal · Dec 23, 2009

that the finding is clearly wrong (manifestly erroneous). … David Michael Holdsworth deprived the jury of any critical information on the issue of fault; we are unable to say the trial court abused its discretion in refusing to qualify Dr.

Arceneaux

District Court, E.D. Louisiana · Feb 3, 2026

cannot establish entitlement to either government contractor immunity or derivative 4 Id. 5 R. … . § 2201(a), that Avondale does not qualify as a federal officer because Avondale cannot establish entitlement to potential affirmative defenses.11 The party seeking a declaratory judgment has the “burden of establishing

State v. Morris

259 La. 1001 · Supreme Court of Louisiana · Nov 8, 1971

The judgment on maintaining these standards is best left, in the first instance, to the trial judge, who is present on the scene and best qualified to observe and understand the complexities of the whole trial. … As we understand this bill, the subsequent offense cannot properly establish relevant evidence showing system, motive, intent and guilty knowledge for the crime charged.

Diefenthal v. United States

343 F. Supp. 1208 · District Court, E.D. Louisiana · May 8, 1972

I found him to be well qualified and it appeared that his opinions were based on careful analysis and study. Mr. … He sought to adjust SCRAPCO’s book value by including projected lease values based on what he was “told” and on clearly unfounded assumptions.

State v. Roche

341 So. 2d 348 · Supreme Court of Louisiana · Dec 13, 1976

The argument is without merit; the record clearly indicates that the remark referred to Mr. Adams, Jr.: "Q. When you said the party was down, sir, what do you mean by that? "A. I meant that— * * * * * * "Q. … He argues that the statements were admissible to establish the reasonableness of defendant's fear of Armistead, the "hit man."

Lege v. United States Fidelity & Guaranty Co.

217 So. 2d 761 · Louisiana Court of Appeal · Jan 16, 1969

Also applicable is the evidentiary rule that the expert opinions expressed by a physician who examines and treats the injured party ordinarily is entitled to greater weight than are those expressed by an equally qualified … We agree that the evidence fails to- establish that he sustained such an injury.

Bryant v. City of Alexandria

956 So. 2d 94 · Louisiana Court of Appeal · Apr 25, 2007

Bryant's Rule to Show cause filed below was clearly styled as an "appeal." The matter was submitted to the trial court on memoranda and following a hearing. It appears that no new evidence was taken. … However, it points to its rationale in increasing the wage rate of the line workers, i.e., its inability to attract qualified applicants at the existing wage rate. Mr.

Frick v. City of New Orleans, Department of Safety & Permits

629 So. 2d 1304 · Louisiana Court of Appeal · Dec 16, 1993

The immunity for governmental bodies conferred by this doctrine was properly rejected by this court as a categorical rule in Stewart . … The expert testimony of Michael Cen-tineo, Chief Building Inspector for the City, establishes that Mr. Bayard failed to adequately inspect the property.

In re the Successions of Freeman

322 So. 2d 254 · Louisiana Court of Appeal · Sep 18, 1975

After qualifying as administrator of these successions, Percy Robinson instituted eviction proceedings against the claimant and caused her to be removed from the premises. … The evidence establishes and the record is replete with testimony of the extent of sevices rendered by claimant.

State v. Bernard

2014 La.App. 4 Cir. 0580 · Louisiana Court of Appeal · Jun 3, 2015

Officer Leary has been qualified and testified as a ballistic expert in state and federal courts in Louisiana on numerous occasions. … Where the record clearly shows an adequate factual basis for the sentence imposed, resentencing is unnecessary even when there has not been full compliance with La.C.Cr.P. art. 894.1. Id.

In Re Tutorship of Werling

459 So. 2d 758 · Louisiana Court of Appeal · Nov 14, 1984

When Sloan attempted to establish his qualifications as a bona fide tutor, the trial court stopped him and asked how that testimony related to the no right of action exception. … Stating that "[b]lood relationship is not a requirement..., 366 So.2d at 205 ," the Second Circuit concluded that the grandson's status as an interested person had been clearly established.

Mistich v. Weeks

107 So. 3d 1 · Louisiana Court of Appeal · Jul 13, 2012

Thereafter, if the adverse party fails to produce factu *5 al support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. … or that automobiles owned or furnished for regular use must be listed on the declaration page to qualify for coverage.

Alonzo v. Louisiana Department of Highways

268 So. 2d 52 · Louisiana Court of Appeal · Oct 2, 1972

LSA Constitution, Article 14, Section 15 (C) provides as follows: “There is hereby created and established a State Civil Service Commission to be *54 composed of five members who are citizens and qualified voters of the State … We find that the Dauzat case is clearly distinguishable from the case at bar, as it deals only with the question of the number of appellate judges required for a majority when a court of appeal of this State is sitting en

TL James & Co. v. Kenner Landing, Inc.

550 So. 2d 1378 · Louisiana Court of Appeal · Jan 5, 1990

When fraud or deceit is absent, other circumstances must be so strong as to clearly indicate that the corporation and shareholder operated as one. Kingsman, supra . … The Department was created and established as provided in LSA-R.S. 56:1.

Saucier v. Washington

229 So. 3d 19 · Louisiana Court of Appeal · Sep 20, 2017

Henry, 566 F.3d at 170 : •Article 971 establishes a burden-shifting analysis for weeding out frivolous claims. … Washington and wrote an article that was clearly printed in an effort [to] present a sensational story which hit on almost every hot button in today’s society.

Opinion Number

Louisiana Attorney General Reports · Jul 12, 2001

The case law under USERRA and its predecessors also indicates the areas of possible salary increases, if allowable, and they clearly turn on employer practice, policy and contracts/agreements. … In the event the IRS issues its guidance for the State MSRA provisions for qualified plans, this area would be subject to review at that time. Question 3.

Succession of Venture

682 So. 2d 988 · Louisiana Court of Appeal · Nov 6, 1996

If the contract is found invalid, then Emile and Winona established a community property regime at the time of their marriage. … The testimony of Emile himself is clearly self-serving.

Ory v. Griffin

162 So. 2d 97 · Louisiana Court of Appeal · Mar 2, 1964

Therefore, there was the testimony of one qualified witness, who may be the plaintiff as observed in Cormier v. … Flanakin clearly establishes the sale was made in plaintiff’s name for convenience only with the agreement and understanding defendant would repay plaintiff the cost thereof: * * * ”.