Case law

Succession of Theurer

38 La. Ann. 510 · Supreme Court of Louisiana · May 15, 1886

Theurer was appointed executrix in the will, qualified, and filed a provisional account which was opposed by C. W. … recognition of that duty, and has said it must in cases of doubt presume that the testator intended to do *515 that which was lawful rather than that which was prohibited hy law, •and it must carry into effect his will unless it clearly

St. Mary Operating Co. v. Champagne

6 La.App. 3 Cir. 984 · Louisiana Court of Appeal · Dec 6, 2006

The Servitude Owners argue that unless a contract for mineral rights clearly provides statements to the contrary, a mineral servitude of any duration will be subject to prescription. … Unless expressly qualified by the parties, a royalty is a right to share in gross production free of mining or drilling and production costs." La.R.S. 31:80.

Hebert v. Ascension Parish School Board

District Court, M.D. Louisiana · Aug 21, 2019

Statutory Immunity Defendant argues alternatively that it is immune from suit under the ADA pursuant to the statutory immunity provided to state officials under La. … States Supreme Court to recognize a qualified good faith immunity for state officers under § 1983.’”151 That same court held previously that “discretionary acts immunity only applies to state law claims.

McCray v. National Life & Accident Insurance Co.

244 So. 2d 342 · Louisiana Court of Appeal · Feb 8, 1971

Clearly the burn and the subsequent amputation fall into a continuous chain of events whereby the burn to plaintiff’s toe is directly and causally linked to the amputation of his leg without any intervening cause breaking … Based on the foregoing reasons, this Court finds that the plaintiff has established by a preponderance of evidence that the amputation resulted directly from and was attributable to the injury to the toe.

Broussard v. West-Cal Const. Co., Inc.

96 La.App. 3 Cir. 18 · Louisiana Court of Appeal · Jun 12, 1996

As to the amount of attorney's fees awarded, a hearing officer has great discretion, and her decision will not be disturbed unless it is clearly wrong. … Partial dependency was clearly established and this case should be remanded for the appropriate calculation of a specific award to be made by the hearing officer. For the foregoing reasons, I respectfully dissent.

Rankins v. Aytch

591 So. 2d 387 · Louisiana Court of Appeal · Dec 4, 1991

Rankins, argue that the school board and its employees are not immune from tort liability because the employees knew or were substantially certain that Nicole would attack Mrs. … The depositions and affidavits clearly show that the school board and its employees neither intended nor were substantially certain that Nicole would attack Mrs. Rankins. Mr.

Opinion Number

Louisiana Attorney General Reports · Jan 26, 2001

The rationale of that opinion does not clearly support the conclusion in Opinion 90-149 although it does allude to a provision in the Lawrason Act. … The person filling this vacancy on an interim basis may qualify for this position at the subsequent election.

Plantation Pipe Line Co. v. Kaiser Alum. & Chem. Corp.

222 So. 2d 905 · Louisiana Court of Appeal · Apr 14, 1969

These agreements and particularly that of April 16, 1947, clearly evidences an intent contrary to Kaiser's interpretation of the exclusionary clause. … The syllabus of the Hayes case, supra, reads as follows: "It is against public policy to permit a person to stipulate for a partial immunity for the commission of a future immoral act."

Winn v. New Orleans City

919 F. Supp. 2d 743 · District Court, E.D. Louisiana · Jan 25, 2013

To be legally sufficient, a complaint must establish more than a “sheer possibility” that the plaintiffs claims are true. Id. … immunity.

Landry v. State Farm Ins. Co.

529 So. 2d 417 · Louisiana Court of Appeal · Jun 21, 1988

However, before an appellate court can disturb a quantum award, the record must clearly reveal that the trier of fact abused its discretion in making the award. … To establish a "satisfactory proof of loss" of an uninsured/underinsured motorist's claim, the insured must establish that the insurer received sufficient facts which fully apprise the insurer that (1) the owner or operator

Michael Joseph Viator v. Wendell R. Miller, Indiv. as in His Capacity as Judge for the 31st Judidical District Court

Louisiana Court of Appeal · Apr 27, 2005

Clearly, any damages arising from the sexual relationship between Heather and Judge Miller are not recoverable under Louisiana law. … However, Michael has refused to submit to testing to conclusively establish the paternity of A.V.

Adams v. Rhodia, Inc.

983 So. 2d 798 · Supreme Court of Louisiana · May 21, 2008

The evidence established the pipeline was dedicated to receive only Exxon products. … He was not qualified as an expert. [10] Rhodia's representative testified that a similar release occurred on July 13, 2001, involving exclusively Exxon spent acid containing insoluble hydrocarbons.

Jefferson v. Monumental General Ins. Co.

577 So. 2d 1184 · Louisiana Court of Appeal · Apr 3, 1991

The court noted that the amputation of plaintiff's foot "clearly was not ABOVE the ankle joint." Therefore, the question was whether the amputation was at the ankle joint. … An insurance policy is a contract between the parties and the rules established for the construction of written agreements also apply to contracts of insurance.

Safeco Ins. Co. of America v. Chrysler Corp.

834 So. 2d 1026 · Louisiana Court of Appeal · Jul 31, 2002

Clearly, the factual basis for Mahl's testimony, that the fire did not originate in the van, was called into question. … of it as is true and qualify or deny the remainder. ....

State v. Dunn

831 So. 2d 862 · Supreme Court of Louisiana · Nov 1, 2002

Marc Zimmerman, a forensic psychologist, qualified as an expert in that field after the State stipulated to his expertise. … Sara DeLand qualified as an expert in the field of forensic psychiatry.

Flood v. PENDLETON MEMORIAL METHODIST HOSP.

989 So. 2d 809 · Louisiana Court of Appeal · Jul 2, 2008

Vargas, Hurwitz, and Morin used to establish that Mr. Flood had Stage IV bone cancer had the name of a different patient on them. It was then discovered that the results of Mr. … An appellate court may not set aside a trial court's finding of fact in the absence of "manifest error" or unless it is "clearly wrong," and where there is conflict in the testimony, reasonable evaluations of credibility

Price v. CORPUS ENGINEERING ASSOCIATES

515 So. 2d 589 · Louisiana Court of Appeal · Oct 14, 1987

Dennis Howard, a safety consultant called by appellants, qualified as an expert in safety management and industrial safety. … Clayton Callihan, retired professor of Chemical Engineering and now professor emeritus of Chemical Engineering at LSU, qualified as an expert in Chemical Engineering and also qualified as an expert in fires. Dr.

Maxwell v. Soileau

561 So. 2d 1378 · Louisiana Court of Appeal · May 9, 1990

Iacona, supra , we find that this verdict was clearly wrong. The evidence at trial established that when Mrs. Maxwell was admitted into the hospital she was an active, healthy woman. … The testimony at trial clearly established that Maxwell would be in need of future medical treatment and medication as well as full-time care. Dr. Charles Bettinger, an economist and statistician, testified Mrs.

Sibley v. Dick

District Court, M.D. Louisiana · Mar 12, 2025

Hearst Trust, 500 F.3d 454, 461 (5th Cir. 2007) (“[I]t is clearly proper in deciding a 12(b)(6) motion to take judicial notice of matters of public record.”). … to establish jurisdiction.”

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: * * * ”.