Case law

Sportsman Store v. SONITROL SEC. SYSTEMS

725 So. 2d 74 · Louisiana Court of Appeal · Dec 23, 1998

that the finding is clearly wrong (manifestly erroneous). … Such broad overreaching language which is clearly used to take advantage of unsophisticated purchasers is not favored by this court and will be condoned, if at all, only when it is shown that all requisites are clearly met

Eakin v. Eakin

973 So. 2d 873 · Louisiana Court of Appeal · Dec 19, 2007

In April 2002, Hoffman Consulting filed Article of Incorporation qualifying to do business in Louisiana. On June 3, 2002, Samuel executed a promissory note borrowing $250,000.000 from Farmer's (the Farmer's note). … "An agency relationship is never presumed; it must be clearly shown. The burden of proving apparent authority is on the party seeking to bind the principal." Id. at 509 .

Riley Leblanc v. City of Abbeville

Louisiana Court of Appeal · Oct 17, 2018

the finding is clearly wrong. … The evidence in the record clearly establishes that the subject storm grate has been in use for many years, as no storm grates made of the same material as the one at issue were installed in either Mr. Sysak’s or Mr.

Carpenters District Council v. Dillard Department Stores, Inc.

778 F. Supp. 297 · District Court, E.D. Louisiana · Oct 17, 1991

The evidence clearly establishes that the decision *306 to lay off employees and/or close stores was made by Dillard and was dependent upon the actual merger taking place. … Defendants do not qualify for the exemptions set forth in § 2102(b).

State v. Barnes

597 So. 2d 1109 · Louisiana Court of Appeal · Apr 8, 1992

Honeyman, 565 So.2d 961, 966 (La.App. 2d Cir.1990): Before any witness can testify as an expert, his or her competence must be established to the satisfaction of the court. State v. … A person may qualify as an expert based on experience alone. State v. Smith, supra.

Mouton v. We Care Homes, Inc.

915 So. 2d 971 · Louisiana Court of Appeal · Nov 2, 2005

Although this presumption is usually relied upon by an alleged employee seeking workers' compensation benefits, it is likewise available to a party in We Care's position, who seeks to interpose the immunity of La.R.S. 23: … We Care has clearly failed to meet its burden as the mover on summary judgment as to this issue.

State v. Ourso

438 So. 2d 1239 · Louisiana Court of Appeal · Oct 12, 1983

Schell was qualified, based on his training and experience, as an expert in the fields for which he was tendered. … We hold that the verdict of guilty of attempted distribution of a substance falsely represented to be a C.D.S. is clearly supported by the evidence.

State of Louisiana v. Maya Jones

Supreme Court of Louisiana · May 1, 2026

The opponent must establish clearly and convincingly that the constitutional aim was to deny to the legislature the power to enact the legislation.” Id. … The OSPD’s autonomy is clearly evident in the designation of its powers and duties, set forth in La. R.S. 15:147.

Capital City Press, L.L.C. v. Louisiana State University System Board of Supervisors

168 So. 3d 727 · Louisiana Court of Appeal · Dec 30, 2014

However, we find no reasonable basis in the record to find that the individual who took another position qualified as an applicant. … the fact finder is clearly wrong or manifestly erroneous.

State v. Corey

339 So. 2d 804 · Supreme Court of Louisiana · Nov 8, 1976

This clearly distinguishes Hodgeson from Launey and the instant case. … Unquestionably, certain exceptions to the hearsay rule are clearly desirable.

Emoakemeh v. Southern University

654 So. 2d 474 · Louisiana Court of Appeal · Apr 7, 1995

However, Southern contends that its employees' acts were clearly outside the scope of their employment responsibilities. … *478 that the finding is clearly wrong.

Landry v. Department of Children and Family Services State of Louisiana

District Court, E.D. Louisiana · Jun 10, 2021

Once removal jurisdiction is challenged, the removing defendant has the burden of establishing facts that would show federal jurisdiction. Allen v. … The court later exercised its discretion to estop the defendants from removing plaintiff’s state action in view of defendants’ clearly inconsistent jurisdictional argument.

Andrus v. Scully's Metal Fabrication, Inc. (In Re Scully's Aluminum Crafts, Inc.)

352 B.R. 783 · United States Bankruptcy Court, W.D. Louisiana · Aug 10, 2006

Andrus (“Trustee”) is the duly appointed and qualified chapter 7 trustee. … When fraud or deceit is absent, however, other circumstances must be so strong as to clearly indicate that the corporation and shareholder operated as one. Kingsman Enterprises, Inc. v.

Burney v. Madison Parish Hospital Service District

District Court, W.D. Louisiana · Oct 16, 2024

sovereign immunity. … The Eleventh Amendment prohibits individuals from suing a state in federal court “unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity.” Pequeño v.

Hicks v. BP Exploration & Prod., Inc.

310 F. Supp. 3d 754 · District Court, E.D. Louisiana · Apr 19, 2018

Hicks has confirmed to the Court that he is not arguing that he qualifies for such status. See R. Doc. No. 85. R. Doc. No. 78-1, at 1-2. R. Doc. No. 80. R. Doc. No. 78-1, at 1. R. Doc. No. 91. … No. 78-1, at 17 ("Here, the contract between BP and Ensco...clearly sets forth that Ensco's relationship to BP is that of an independent contractor."); id. at 18 ("Similarly, Bishop Lifting was also an independent contract

Gulling v. EI Du Pont De Nemours and Company

228 So. 2d 750 · Louisiana Court of Appeal · Dec 1, 1969

Plaintiff has sought to overcome this burden by testimony to the effect that following the accident he was paid full wages for doing a job that he was not qualified to do, i. e., reading blueprints. … Clearly when the above cited jurisprudence is applied to his factual conclusions there is no manifest error in his judgment, and the same must be and is hereby affirmed.

Gordon v. LSU BD. OF SUP'RS

669 So. 2d 736 · Louisiana Court of Appeal · Mar 1, 1996

However, the court found that the evidence failed to establish that this delay caused any damage or injury to Katherine Gordon. … The trial court's finding is not manifestly erroneous or clearly wrong and, accordingly, is affirmed.

Jones v. State Board of Education

219 La. 630 · Supreme Court of Louisiana · May 28, 1951

He alleges himself to be a duly qualified elector and tax payer, residing in the City of Ruston, Louisiana, and that as such he is entitled to have the functions of the State Government carried out according to, and within … the Legislature unconstitutional unless it is shown that it clearly violates the terms of the articles of the Constitution.

Stephenson v. Van Vleit

693 So. 2d 858 · Louisiana Court of Appeal · Apr 30, 1997

We find that the record and the documents filed in support of Zurich's motion for summary judgment are sufficient to resolve any material issues of fact and that State Farm did not present sufficient evidence to establish … There is scant jurisprudence concerning what qualifies as a "substitute" policy. Cases have held that it is possible to have a substitution of insureds and/or vehicles without effecting a new policy. Id.

State v. Pearson

939 So. 2d 568 · Louisiana Court of Appeal · Sep 8, 2006

Though we find no manifest error in the trial court's conclusion that Pearson intended to be domiciled at the Parkwood Street residence, we hold that the trial court clearly erred in concluding that Pearson actually resided … CONCLUSION For the reasons set forth above, we hereby reverse the trial court's decision and hold that Ricky Don Pearson is not qualified to seek the Office of Chief of Police of the Town of Arcadia.