Case law

McHugh, III v. St. Tammany Parish

District Court, E.D. Louisiana · Aug 9, 2024

“Furthermore,” the panel continued, “the action did not purport to establish a general policy; it was particular to [the clerk].” Id. … The panel held that only the fourth set of activities qualified as “legislative.” See id. at 273–74.

Robert v. Robert

93 So. 3d 637 · Louisiana Court of Appeal · Apr 11, 2012

Although appellant did not meet her burden of proof of establishing the exact amount of community funds used to defray Mr. … From the record before us, we cannot find fault with this award, which is not clearly wrong. Mrs.

Iberia Sugar Cooperative, Inc. v. United States

360 F. Supp. 967 · District Court, W.D. Louisiana · Sep 6, 1972

. *968 FACTS The facts have been established by the pleadings, by stipulation, or have been set forth in plaintiff’s answers to interrogatories. … The law clearly states that such a portion of a patronage dividend or refund is not a true patronage dividend, and consequently is not deductible for federal income tax purposes.

State v. Moten

510 So. 2d 55 · Louisiana Court of Appeal · Jun 23, 1987

. *60 After examining the contested photographs, we find that their probative value clearly outweighs any prejudicial effect. Thus, these photographs were admissible. This assignment of error is without merit. … Prima facie proof of a prior felony conviction may be established by compliance with La.R.S. 15:529.1(F).

Craft v. Ports Am. Gulfport, Inc.

273 So. 3d 517 · Louisiana Court of Appeal · May 8, 2019

Moreover, before a Court of Appeal can disturb an award made by a [factfinder,] the record must clearly reveal that the trier of fact abused its discretion in making its award. … In Louisiana, it is a well-established rule that, "[b]efore a Court of Appeal can disturb an award made by a [fact finder], the record must clearly reveal that the trier of fact abused its discretion in making its award.

New Orleans Private Patrol Service, Inc. v. Valiant Payroll Service, Inc.

2010 La.App. 4 Cir. 1117 · Louisiana Court of Appeal · Jan 19, 2011

The Federal Arbitration Act establishes that as a matter of preemptive federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the issue at hand is the construction … It may be said that courts are far better qualified to decide issues of this kind.

Rey v. Cuccia

298 So. 2d 840 · Supreme Court of Louisiana · Jun 10, 1974

He was qualified as an expert in the repair and supervision of repairs for such trailers. He testified that he found no fault in the construction or design of the camper trailer. … Both lower courts found, and I agree, that there is no evidence to establish any inherent defect or vice in the trailer.

State v. Baker

796 So. 2d 145 · Louisiana Court of Appeal · Sep 26, 2001

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … Once defendants establish a prima facie case, the burden then shifts to *153 the state to come forward with a race-neutral explanation.

State v. Williams

2014 La.App. 4 Cir. 0630 · Louisiana Court of Appeal · Dec 18, 2014

The trial court found that the State failed to establish lathe predicate felony conviction from Texas. … The Supreme Court found that “[n]either factor individually or in combination defines a class of offender sufficiently narrow to qualify as exceptional.” Noble , p. 3, 114 So.3d at 501 .

Daigle v. Shelby J. Gaudet Contractors, Inc.

835 So. 2d 554 · Louisiana Court of Appeal · Sep 27, 2002

As further discussed, the October 19, 1993 accident is clearly cognizable under the LHWCA. In order to qualify for coverage under the LHWCA, a claimant must meet a two-part status and situs standard. Bienvenu v. … employee’s accident in Pankratz , the state workers’ compensation act expressly provided that the “filing of a claim or suit pursuant to any federally enacted worker’s compensation plan shall suspend the prescription periods established

United States v. Cotton Baking Co.

513 F. Supp. 223 · District Court, M.D. Louisiana · Apr 15, 1981

334 U.S. 110 , 68 S.Ct. 947 , 92 L.Ed. 1245 (1948) the Court noted that “the concerted action of the parent company, its subsidiaries, and the named officers and directors in that endeavor was a conspiracy which was not immunized … Clearly a vertical combination or combination of non-competitors may conspire to restrain unreasonably the interstate trade and commerce of third parties and thereby subject themselves to the prohibitions of the Sherman Act

Wooden v. Louisiana Tax Com'n

650 So. 2d 1157 · Supreme Court of Louisiana · Feb 20, 1995

, to own any immovable property he has purchased and is occupying under bond for deed, and may be eligible for the homestead exemption provided in Article VII, Section 20(A) of the Constitution of Louisiana if otherwise qualified … Rather, the Legislature enacted a special statute defining ownership solely for the purpose of the homestead exemption, and thereby indirectly established an exemption from ad valorem taxes for bond for deed buyers.

JC Trahan Drilling Contractor, Inc. v. Cockrell

225 So. 2d 599 · Louisiana Court of Appeal · Jul 2, 1969

Numerous witnesses, eminently qualified, so testified. … Moreover, plaintiff has not established it was not in a position to know or establish the cause of the loss.

Sherrick v. Marindino

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

A claim is factually frivolous if the alleged facts are “clearly baseless, a category encompassing allegations that are ‘fanciful,’ ‘fantastic,’ and ‘delusional.’” , 504 U.S. 25, 32-33 (1992). … immunity) (internal quotations and citations omitted).

Coffin v. Bd. of Sup'rs of La. Univ.

620 So. 2d 1354 · Louisiana Court of Appeal · Jun 23, 1993

that the finding is clearly, wrong (manifestly erroneous). … As discussed above regarding the issue of causation, this finding is not clearly wrong.

State v. Smith

47 La. Ann. 432 · Supreme Court of Louisiana · Jul 1, 1895

.: “If the word 1 embezzle’ is qualified in the statute by 1 fraudulently’ or-any other, the. qualifying word should, of course, be also used in the indictment.” 2 Bish. Crim. Proceedings, Sec. 323. … Thompson, 32 An. 796, very clearly illustrates the question of intent as a factor in this kind of embezzlement.

Hamilton v. Business Partners, Inc.

938 F. Supp. 370 · District Court, E.D. Louisiana · Sep 12, 1996

That issue didn’t rise since in both eases, the plaintiffs were in fact competitors and clearly within the range of the statute. In Morris v. … The court then concluded that the statute established two different categories of consumers; one which involves consumer transactions, limited to natural persons obtaining items for personal or household use and the other

Ross v. Sheriff of Lafourche Parish

479 So. 2d 506 · Louisiana Court of Appeal · Nov 19, 1985

The jurisprudence further establishes that the physical attack of a private citizen by a police officer absent a valid arrest constitutes a battery. Norrell v. … In the case sub judice, the record clearly indicates that Molyneaux did not participate in plaintiff's arrest or restraint.

State Ex Rel. Aum

62 So. 3d 185 · Louisiana Court of Appeal · Feb 16, 2011

The testimony clearly shows that Leticia Clark was given the child by its mother who was in prison for murder and by the court appointed nonparent temporary managing conservator, Emilio Rodriquez. … The state through the DSS, having established one of the statutory grounds for adjudication as a child in need of care as set forth in La. Ch.

Rodriguez v. Claassen

207 So. 3d 490 · Louisiana Court of Appeal · Dec 21, 2016

Moreover, the standard of review applicable to fact findings of the trial court has been clearly enunciated by our Supreme Court in Rabalais v. … is clearly wrong.