Case law

United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry of the United States & Canada Local 198 v. Myers

488 F. Supp. 704 · District Court, M.D. Louisiana · Mar 31, 1980

The legislative history of the Act very clearly sets forth the congressional intent as is shown in the following quotations: “The Employee Benefit Security Act is designed (1) to establish minimum standards of fiduciary conduct … This legislation is concerned with improving the fairness and effectiveness of qualified retirement plans in their vital role of providing retirement income.

Alleman v. Hanks Pontiac-GMC, Inc.

483 So. 2d 1050 · Louisiana Court of Appeal · Jan 16, 1986

A District Court's findings of fact may not be reversed unless they are clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). … At the trial, Conley was qualified as an expert witness in automotive diagnostic techniques.

Louisiana Ass'n of Educators v. St. Tammany Parish School Board

430 So. 2d 1144 · Louisiana Court of Appeal · Apr 5, 1983

It asserts that, pursuant to LSA-R.S. 17:81, it is the sole authority for establishing teachers’ salaries. … It is only when it is clearly shown that the action of such a board is beyond its authority or is arbitrary, unreasonable, or fraudulent that a court is justified in interfering. ...

Scherer v. PNK (Bossier City), Inc.

112 So. 3d 931 · Louisiana Court of Appeal · Mar 20, 2013

Knox Tumlin (“Tumlin”) was qualified as the plaintiffs’ expert in this case. … Finally, the defense established that no trip and fall accidents had occurred at this location.

Dupre v. Penrod Drilling Corp.

788 F. Supp. 901 · District Court, E.D. Louisiana · Mar 23, 1992

Because the indemnity clause at issue clearly provides for liability insurance coverage, the court must determine the extent of such coverage. … The record clearly establishes that the contract at issue focused on a vessel and, thereby, involved a maritime transaction and maritime commerce.

Greer v. Lammico

779 So. 2d 894 · Louisiana Court of Appeal · Dec 22, 2000

An appellate court may not set aside a jury's findings of fact in the absence of manifest error or unless it is clearly wrong. … According to the plaintiffs, it was established at trial that four factors are necessary in order to make this determination.

Vicksburg, Shreveport & Pacific Railroad v. Scott

52 La. Ann. 512 · Supreme Court of Louisiana · Jan 15, 1900

Pardee, Judge, the said order placing the receivers in possession of all the property, effects or rights of said company, including any and all franchises, rights, immunities, donations, subsidies, etc.; that said receivers … qualified and took possession of all of said property, and that they and their successors have since proceeded with the collection of said subsidies and taxes now in contest, as well as all others; that on October 23rd,

State v. Thomas

10 La.App. 3 Cir. 792 · Louisiana Court of Appeal · Feb 2, 2011

, writ granted on other grounds, 438 So.2d 1113 (La.1983), appeal after remand, 457 So.2d 1251 (La.App. 1 Cir.1984), appeal after remand, 471 So.2d 1041 (La.App. 1 Cir.1985), the supreme court concluded that the statute clearly … Defendant asserts the critical question is whether the State had enough information to establish that he fired the gunshot that hit Perioux.

Liberty Mut. Ins. Co. v. Grant Parish Sheriff's Department

350 So. 2d 236 · Louisiana Court of Appeal · Nov 23, 1977

In this summary judgment proceeding, the facts as recited above were established by the pleadings and the affidavit of Sheriff L. R. Hataway. The stated facts are not disputed. … Clearly, it is the Sheriff, individually, and not the "Parish Sheriff's Department" that is constitutionally designated as the chief law enforcement officer of the Parish.

Simmons v. Clark

8 La.App. 5 Cir. 431 · Louisiana Court of Appeal · Jan 27, 2009

Vivian and Malcolm argue the failure of competent expert evidence to establish the contemporaneous value at the time of the act of sale precludes the finding by the trial court. … Although Vivian testified that she told Malcolm to execute whatever documents were necessary, that is not sufficient to establish a mandate to purchase immovable property in Louisiana.

Commodore v. City of New Orleans

275 So. 3d 457 · Louisiana Court of Appeal · Jun 20, 2019

Plaintiffs, however, claim there is no ambiguity in the last sentence of the provision and that it clearly states that the City Council "shall adopt" the ordinance ratifying the May 24, 2018 decision to grant conditional … Accordingly, neither the state nor its political subdivisions is immune from court costs unless such immunity is statutorily provided. Jefferson Par. Hosp. Dist. No. 1 v.

Dorsett v. Johnson

786 So. 2d 897 · Louisiana Court of Appeal · May 9, 2001

No attorney fees were awarded as no evidence was introduced at trial to establish the amount of attorney fees. … The trial court was not clearly wrong in denying the claim for these damages. Attorney Fees Dorsett argues in her third assignment of error that the trial court erred in denying an award of attorney fees.

In the Matter of Two (2) Canines Seized from Susan Graham, Rayville, Louisiana

Louisiana Court of Appeal · Aug 27, 2025

A court of appeal may not set aside a trial court’s findings of fact in the absence of manifest error or unless it is clearly wrong. … In every case where a dog is established to be a dangerous dog, the court shall enter an order declaring the dog to be dangerous and shall direct the owner of the dog to comply with conditions established for the restraint

Watson v. Franklin Parish School Board

District Court, W.D. Louisiana · Jan 10, 2022

Watson further argues that she has proven pretext by establishing that she was clearly better qualified than Mr. McHand. … She states, therefore, she was clearly better qualified. Finally, she asserts there is “follow-up” evidence that she was clearly better qualified.

George v. Department of Fire

93 La.App. 4 Cir. 2421 · Louisiana Court of Appeal · May 17, 1994

She is qualified to testify that the tests were conducted properly because that is her specific responsibility. Ms. Pizzo further testified to the testing performed and the analytical methods utilized. … Although the facts must be clearly established, they need not be established beyond a reasonable doubt as in a criminal case. Barquet, 620 So.2d at 505 ; Cittadino, 558 So.2d at 1315 .

Schwartz v. Edrington

133 La. 235 · Supreme Court of Louisiana · Jun 9, 1913

have the territory described in said annexed petition incorporated, without having an election to elect the first oficiáis, which will be tantamount to a recommendation to the Governor of this state of the parties whom the qualified … Whilst, however, it is true that the privilege of free publication seems thus to be held paramount, to that extent, to some other rights and “blessings,” to secure which the government was established, it remains, nevertheless

Sanders v. Myers

District Court, W.D. Louisiana · Nov 12, 2024

The Administrative Remedy Procedure does not itself establish any federal right. It is a mechanism for resolving disputes at the institutional level. … Under Louisiana law, an entity must qualify as a “juridical person,” which is an “entity to which the law attributes personality, such as a corporation or a partnership.” La. Civ. Code art. 24.

United States v. State of La.

751 F. Supp. 621 · District Court, E.D. Louisiana · Oct 30, 1990

The board has discretion to make further selectivity distinctions with the remaining institutions, so long as the admissions standards of the five selective schools designated herein clearly distinguish them from the remaining … Moreover, the board shall establish a state-wide other race scholarship program. (b) Other race admissions officers.

Alphonso v. Bridge Terminal Transport

2002 La.App. 4 Cir. 2768 · Louisiana Court of Appeal · Jul 9, 2003

Where two permissible views of the evidence exist, a fact finder’s choice between them can never be manifestly erroneous or clearly wrong. Id. … Under the Code of Federal Regulations Title 49 § 391.41(b)(7), a person is physically qualified to drive a commercial motor vehicle if that person “has no established medical history or clinical diagnosis of rheumatic, arthritic

Darcy Driver, Deann Driver & Danielle Driver-Roussel, Individually and On Behalf of Their Parents, Albert Driver, Jr. and Kathie Driver v. Willis Knighton Pierremont Health Center

Louisiana Court of Appeal · Feb 26, 2025

that the fact finder is clearly wrong or manifestly erroneous. … We find that the jury’s verdict is clearly wrong, manifestly erroneous, and must be reversed. The record reflects testimony that established the standard of care owed by the defendants to Mr. Driver.