Case law

Couto v. Oms

319 So. 2d 518 · Louisiana Court of Appeal · Nov 21, 1975

We believe that the constant referral to non-established "facts" did critical damage. It compromised the expert testimony and it caused the jury to consider the "facts" as established even though they clearly were not. … And, as such testimony becomes more compelling in its effect, the more clearly this obligation exists.

Lewis v. Republic Supply Co.

155 So. 2d 200 · Louisiana Court of Appeal · Jul 1, 1963

Roebling and Son's Corporation, Houston, Texas, who is not qualified to do business in this *205 state, but is actually doing business, and asks for service of process according to law. "16. … Since the right of plaintiff's insurer was derived solely by subrogation from its insured, clearly said plaintiff had no right or cause of action until it paid the claim.

Lamz v. Wells

938 So. 2d 792 · Louisiana Court of Appeal · Jun 9, 2006

As used in this Article, the following terms shall have the meanings ascribed to them below, unless the context clearly indicates otherwise: (1) "Act in furtherance of a person's right of petition or free speech under the … Lamz qualifies as a public official. See State v. Defley, 395 So.2d 759, 761 (La.1981) (citing Monitor Patriot Co. v. Roy, 401 U.S. 265 , 91 S.Ct. 621 , 28 L.Ed.2d 35 (1971)).

DeGruy v. Pala, Inc.

525 So. 2d 1124 · Louisiana Court of Appeal · Apr 19, 1988

An odd lot claimant need not be absolutely helpless to qualify for total disability. … DeGruy's educational background and mental ability would not qualify as an odd lot worker.

Benton Casing Service, Inc. v. Avemco Ins. Co.

379 So. 2d 225 · Supreme Court of Louisiana · Jun 25, 1979

The definition of insured for Coverage A relates to Item 7, but does not exclude coverage to a qualified certified pilot who flies the aircraft with the permission of the named insured. … Coverage in these circumstances is clearly provided in Coverage C of the policy. The aircraft is insured against loss or damage while in flight.

Draughn Koonce v. St. Paul Fire & Marine Ins. Co.

Louisiana Court of Appeal · Aug 5, 2015

In Haab, 139 So.3d at 1182 (emphasis added), in interpreting La.R.S.29:735 and La.R.S.9:2798.1(C)(2), which provides for qualified immunity to public entities and their officials and employees except in the case of “criminal … On June 6, 2014, Appellees filed a motion for summary judgment, asserting Appellant was unable to establish an exception to the immunity statutes, La.R.S. 29:735 and La.R.S. 9:2800.17.

Aaron v. Bayon

131 La. 228 · Supreme Court of Louisiana · Jun 13, 1912

A decree of Riom very clearly explains the reasons for which the Legislature did not grant a legal mortgage to the child during marriage. … It is from motives of public order that the legislator has exempted the father from a legal mortgage; so much so that particular conventions which establish a mortgage are stricken with nullity.”

Norwood v. Fish

537 So. 2d 783 · Louisiana Court of Appeal · Jan 18, 1989

Because the appellant had followed these procedures the red flag of malpractice must necessarily have been waved in front of her eyes when the November 8, 1982 petition was filed against her which so clearly was directed … This petition told the plaintiff that she may not have received sound legal advice on the correct procedure to follow to have *788 the property acquired by her during a marriage qualify as separate property.

State v. Thomas

447 So. 2d 1053 · Supreme Court of Louisiana · Feb 27, 1984

Victims Barber and Dawson were clearly intimidated: first, by defendant's badge; second, by his threat of trouble; and third, by his general demeanor and aura of authority. … R.S. 14:66 states: Extortion is the communication of threats to another with intentions thereby to obtain anything of value or any acquittance, advantage, or immunity of any description.

Cunningham v. Jack

District Court, E.D. Louisiana · Mar 19, 2025

The Louisiana Legislature has clearly stated that “[n]o suit against the state or a state agency or political subdivision shall be instituted in any court other than a Louisiana state court.” La. Stat. Ann. … R.S. 46:236.1 et seq. to establish a state child support enforcement program.”).

Phylway Construction, LLC v. Terrebonne Parish Consolidated Government

2013 La.App. 1 Cir. 1589 · Louisiana Court of Appeal · Sep 5, 2014

[[Image here]] 16.10 If the Contract is to be awarded for [the Project], it will be awarded to the lowest, qualified, responsive and responsible Bidder as determined by the evaluation of the corresponding Bid. … Consequently, once the public entity establishes a requirement in its advertisement or bid form, that requirement must be uniformly followed by all bidders. Id. at 111 .

Clark v. Louisiana State Racing Commission

2012 La.App. 4 Cir. 1049 · Louisiana Court of Appeal · Dec 12, 2012

statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Arbitrary or capricious or characterized by abuse of discretion or clearly … Dugas, was not properly qualified as an expert in any field; that since Mr. Dugas was not qualified, Mr. Dugas should not have been allowed to testify; and that he was not allowed to cross examine Mr. Dugas.

Tyler v. Marquette Casualty Company

79 So. 2d 376 · Louisiana Court of Appeal · Mar 22, 1955

Both of these witnesses, despite their ages, expressed themselves clearly in answer to questions of counsel on both sides. … She testified that Anderson stayed on his side of the road at all times but she qualified that statement on cross-examination with the following testimony: "Q. Now, after Mr.

Brody v. Louisiana State Racing Commission

470 So. 2d 894 · Louisiana Court of Appeal · Apr 26, 1985

Horses shipping in from other states, that intend to race in Louisiana, in order to qualify under this rule as known bleeders, must have filed in its behalf a statement to this effect from either the state veterinarian or … Clearly these facts present a violation of the Rules of Racing, Rule 11-6:54.1 and the Commission correctly so concluded.

State v. Wells

14 La.App. 4 Cir. 0612 · Louisiana Court of Appeal · Sep 14, 2016

He was a convicted felon, and the record did not definitively establish that he had either a valid first-offender pardon or a governor’s pardon. Therefore, he was not qualified to serve as a juror under La. … C.Cr.P. art. 921 in order to establish reversible error.

Jenkins v. Parish of Caddo

7 La. Ann. 559 · Supreme Court of Louisiana · Oct 15, 1852

The court house was established upon it. Angus McNeil was examined as a witness, by the plaintiff, under commission. His testimony is loosely taken. … It is true, it commences with an order to the drawee to paya sum certain, ondemand, but it is qualified by the subsequent reference to a donation, and a resolution, in accordance with which the payment is to be made, and

Case v. Louisiana Medical Mut. Ins. Co.

624 So. 2d 1285 · Louisiana Court of Appeal · Oct 6, 1993

Deacon's status to `NOT QUALIFIED' and notifying him and all involved parties of this amendment." … Clearly, the policy provided the conditions which had to be met to claim coverage under its terms.

Larson v. Larson

229 So. 3d 1043 · Louisiana Court of Appeal · Oct 25, 2017

To substantiate reversal, the appellate court must find from the record that there is no reasonable factual basis for the finding of the trial court and that the record establishes that the finding is clearly wrong or manifestly … Bruce Miller, qualified as an expert in the areas of trusts and taxation, testified extensively that after .reviewing Ms.

Rauschkolb v. Di Matteo

190 La. 7 · Supreme Court of Louisiana · May 2, 1938

On March 12, 1910, John Caruso was named dative tutor by a family meeting, but, apparently, he also failed to qualify. … Pumilia et al., 177 La. 47 , 147 So. 496 , is erroneous, having placed too rigid and strict'a construction and interpretation upon the law, contrary to the established jurisprudence, and it is therefore overruled.

Jackson v. Coxe

208 La. 715 · Supreme Court of Louisiana · Jun 29, 1945

Article 249 provided: “There shall be elected by the qualified electors of the State .a Superintendent of Public Education, who shall hold his office for the term of four years, and until his successor is qualified. … Considering the multitudinous duties assigned to him by the statute, clearly he is not a figurehead.