Case law

Ruston State Bank & Trust Co. v. Crystal Oil Co.

463 So. 2d 860 · Louisiana Court of Appeal · Jan 23, 1985

Crystal then secured Office of Conservation Orders and established drilling units on the tract in August and December, 1982. One of these wells is currently in production. … Our jurisprudence clearly holds that an effective judgment cannot be had against a potential defendant who was not joined in the suit. See LSA-C.C.P. art. 641; Gajan v.

Frederick v. Woman's Hosp. of Acadiana

626 So. 2d 467 · Louisiana Court of Appeal · Nov 3, 1993

We cannot say that the triers of fact were clearly wrong in determining, consistent with the opinions expressed by several witnesses, that young Adrien would have been no better off had she been delivered immediately upon … The trial court must consider whether the videotape accurately depicts what it purports to represent, whether it tends to establish a fact of the proponent's case, and whether it will aid the jury's understanding.

In re Harlan

250 So. 3d 220 · Supreme Court of Louisiana · May 1, 2018

C.C. art. 1833 so as to qualify as an authentic act, capable of revoking prior testaments pursuant to La. C.C. art. 1607(2). … It is well established that the Legislature is presumed to enact each statute with deliberation and with full knowledge of all existing laws on the same subject.

Boren v. Taylor

206 So. 3d 892 · Louisiana Court of Appeal · Oct 26, 2016

The statute clearly, and with painstaking precision, limits the exception to “an individual in custody after sentence following a felony conviction who has exhausted his appellate remedies.” La.R.S. 44:31.1. … Tr. 208-210. (4) A typed list of the qualified jurors remaining after voir dire. App. 287-290.

State v. Bibb

626 So. 2d 913 · Louisiana Court of Appeal · Nov 10, 1993

A preponderance of the evidence properly introduced at trial clearly established that the defendant was legally insane at the time of the offense. 12. … Specifically, he argues that a preponderance of the evidence clearly established that he was legally insane at the time of the offenses.

Pareti v. Pennsylvania General Insurance Co.

519 So. 2d 225 · Louisiana Court of Appeal · Jan 11, 1988

Nevertheless it interpreted the above identical phrase as “not qualified, limited or restricted in any manner whatsoever.” Id. at 733 . Furthermore, a limitation in an insurance contract must be free of ambiguity. … We are also mindful of the well-established rule in Louisiana “that the duty of an insurer to defend its insured is broader than its liability for damage claims.” Reichert, supra at 733 .

Neloms v. Southwestern Electric Power Co.

440 F. Supp. 1353 · District Court, W.D. Louisiana · Nov 23, 1977

He excluded from the adult employed population figures those categories of persons that he felt clearly were not pertinent to the power industry. … If differential impact is shown by comparative evidence, the case should be established.

Forrest v. Hunter

213 La. 693 · Supreme Court of Louisiana · Apr 26, 1948

If it could be said that such judgment on its face recognizes Forrest as the owner of the Hawkins tract, to that extent clearly it is ineffective. … But the judgment, in our opinion, recognizes Forrest as the owner only of that part of the described tract to which he holds a deed, for his recognition as owner is qualified by the clause” * * * as contemplated under his

Black v. New Orleans Ry. & Light Co.

145 La. 180 · Supreme Court of Louisiana · Feb 3, 1919

Plaintiffs, four in number, allege that they “are citizens, inhabitants, taxpayers, and qualified electors of the city of New Orleans”; that the city entered into contracts with several street railway companies, which companies … Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interest of the community.’ “In Atlantic Coast Line R. R. Co. v. Goldsboro, 232 U.

Successions of Powell

64 So. 3d 267 · Louisiana Court of Appeal · Mar 29, 2011

Norton to first deplete her own assets before invading the principal of the trust established for her benefit. … Powell clearly abused his discretion in invading the principal of Mrs. Powell’s Trusts because he clearly had no needs relative to his “health, maintenance, support and education.”

State v. Holmes

462 So. 2d 286 · Louisiana Court of Appeal · Apr 12, 1985

One is the test established in Blockburger v. … Furthermore, the gravamen of the crime of aggravated battery is clearly not essentially included within the offense of simple arson.

Harris v. Olivier's Contractors

14 La.App. 3 Cir. 765 · Louisiana Court of Appeal · Dec 10, 2014

mind that under the scheme of the Workers’ Compensation Act, an employee losses his right to full damages for his injury and instead receives compensation measured as a percentage of wages while the employer surrenders the immunity … It would be |4ridiculous for an employee to establish the negligence of the employer when the employee has already pursued his workers’ compensation action in the Office of Workers’ Compensation, established his rights to

Bridges v. Cepolk Corp.

13 La.App. 3 Cir. 1051 · Louisiana Court of Appeal · Feb 12, 2014

“Exemptions from taxation are to be strictly construed against the person claiming the exemption[,] and they must be clearly and affirmatively established.” Bill Roberts, Inc. v. … Exemptions from taxation are to be strictly construed against the person claiming the exemption and they must be clearly and affirmatively established. Cajun Electric Power Cooperative, Inc. v.

Alamo Chemical Transportation Co. v. M/V Overseas Valdes

469 F. Supp. 203 · District Court, E.D. Louisiana · Apr 12, 1979

It cannot be said, as Hudson urges here, to have altered long-established rules by imputing the fault of the carrying vessel to innocent cargo owners. This Court disagrees. … In holding that it was, the court stated: There is a general rule of law that common carriers cannot stipulate for immunity from their own or their agents’ negligence.

Wiley v. Department of Energy

District Court, E.D. Louisiana · Nov 1, 2021

authority to dismiss a claim based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are clearly … Claims that are clearly baseless “‘are claims describing fantastic or delusional scenarios, claims with which federal district judges are all too familiar.’” Id. (quoting Neitzke, 490 U.S. at 328).

Bernstine v. Textron, Inc.

546 So. 2d 614 · Louisiana Court of Appeal · Jun 28, 1989

Homelite clearly did not install a chain brake on this saw; this is not a situation where a third party may have removed a safety device. … The plaintiffs expert was eminently qualified in the fields of safety and design engineering. However, his expertise on chain saws is academic.

Gracianette v. Emeril's Restaurant

99 La.App. 4 Cir. 0981 · Louisiana Court of Appeal · Apr 5, 2000

The Second Circuit noted that subpart (aa) does not qualify or limit how the wage basis is to be made to calculate the Supplemental Earnings Benefits mandated by LSA-R.S. 1221(3) for an employee in this particular type of … that the finding is clearly wrong (manifestly erroneous).

Thomas v. Wright

District Court, W.D. Louisiana · Mar 27, 2025

is really a suit against the state itself.36 “[W]hen the action is in essence one for the recovery of money from the state, the state is the real, substantial party in interest and is entitled to invoke its sovereign immunity … Barnum contends that he is a qualified healthcare provider under the LMMA, and Plaintiffs do not dispute this assertion.®* Additionally, Plaintiffs’ claims of Dr.

Aaron's, Inc. v. Norman S. Foster, Director of Finance and Ex-Officio Tax Collector of Orleans Parish; Errol G. Williams, Assessor for Orleans Parish; And the Louisiana Tax Commission

Louisiana Court of Appeal · Sep 25, 2019

Hester, 219 La. 763, 54 So. 2d 12 (La. 1951),1 we find a plain reading of the constitutional provision intended that the owner of the personal property is the party required to use the item in his/her home in order to qualify … This sentence clearly demonstrates that the legislature intended that rental-purchase agreements be deemed sales for state and local sales tax purposes.

McKeithen v. SS FROSTA

441 F. Supp. 1213 · District Court, E.D. Louisiana · Nov 17, 1977

The most that is asserted is that the association had two separate duties: to *1217 ensure further the competence of pilots and thus screen out other qualified applicants and, following their licensing, to take steps to assure … VI The reported decisions have uniformly held pilot associations immune from vicarious liability for the torts of their members. Guy v.