Case law

Florida Gas Transmission Co. v. Dupont

264 So. 2d 708 · Louisiana Court of Appeal · Jun 26, 1972

The great weight of the expert testimony clearly indicates that the pipeline would not interfere with any industrial utilization of the remainder which might be proposed, projected and recommended by the defendants’ appraisers … Hindman, well qualified in the field of industrial complexes, positively stated that the natural gas servitudes would pose no problem in the event a person or corporation should become interested at a later date in constructing

State v. Hodgeson

305 So. 2d 421 · Supreme Court of Louisiana · Dec 2, 1974

This documentary evidence was clearly relevant to establish the relationship between the defendant and victim and defendant's motive for procuring persons to "soften up" victim which resulted in the victim's death. … But to have this effect a prima facie case of conspiracy must have been established."

Theresa Naquin v. Church Mutual Insurance Company, Covenant Christian Academy of Houma, Louisiana, and First Baptist Church of Houma

Louisiana Court of Appeal · Dec 30, 2024

The evidence before the court in this matter clearly established that Naquin was Jani- King' s employee. … the finding is clearly wrong.

Smith v. Smith

615 So. 2d 926 · Louisiana Court of Appeal · Mar 5, 1993

The record does not clearly indicate the disposition of these rules. [2] On January 9, 1991, Mr. … Taylor testified that he ordinarily does not make absolute recommendations unless specifically asked to do so because recommendations should be qualified in terms of the reasons given.

Faustina Pipe Line Co. v. Broussard

450 So. 2d 17 · Louisiana Court of Appeal · Apr 11, 1984

The trial judge's use of this comparable to establish the per-acre value of defendant's property was a reasonable exercise of his discretion. … Clearly, the trial court is empowered to award reasonable attorney's fees even if that means an award greater than 25% of the excess compensation judgment.

Landreaux v. Huntington Ingalls Incorporated

District Court, E.D. Louisiana · Mar 16, 2021

“government contractor immunity,” under Boyle v. United Techs. Corp., 487 U.S. 500 (1988); (2) “derivative sovereign immunity,” under Yearsley v. W.A. … removed,” which would produce an “anomalous result of allowing removal only when the officers had a clearly sustainable defense.”

Bamma Leasing v. Secretary Dept. of Rev.

646 So. 2d 917 · Louisiana Court of Appeal · Nov 16, 1994

LSA-R.S. 47:302 establishes a tripartite scheme of taxation on articles of tangible personal property sold, used, or leased in this state. … In this case, Bamma has clearly had full judicial review of its case, and its invocation of Section 1486 is clearly erroneous.

St. Charles Parish Waterworks District No. 2 v. Point Landing, Inc.

332 So. 2d 517 · Louisiana Court of Appeal · May 18, 1976

The record shows that Fromherz was the only qualified expert to testify on the subject of the two bids and the engineering basis for rejecting Fowler’s. … The contract price did not include an item of $5,549.67 to repair the pumps for which plaintiff is clearly entitled to recovery.

Guillory v. City of Lake Charles

614 So. 2d 165 · Louisiana Court of Appeal · Feb 3, 1993

As a result, his conclusions of fact are afforded great discretion and will not be disturbed unless shown to be clearly wrong. Rosell v. Esco, 549 So.2d 840 (La.1989). … The medical evidence establishes Guillory is still experiencing pain and his shoulder is still "frozen." The evidence does not establish *170 that he could do any of the listed jobs at this time.

State ex rel. J.B.

588 So. 2d 148 · Louisiana Court of Appeal · Oct 15, 1991

She next interviewed the child alone and she clearly, consistently, and repeatedly described the father’s sexual abuse of her with the assistance of an anatomical doll. She refused to discuss it in his presence. … Russell’s testimony establishes much more than a single isolated incident of abuse.

REDAR, LLC v. Rush

10 La.App. 3 Cir. 308 · Louisiana Court of Appeal · Nov 17, 2010

Louisiana Civil Code Article 632 states: The right of habitation is regulated by the title that establishes it. … We find that the trust document clearly establishes the extent of the right in this case, and we need not resort to Articles 633 through 635 to determine the question before us.

Oliver v. Military Department, State of Louisiana

District Court, M.D. Louisiana · Mar 29, 2023

In some specific instances, Plaintiff’s arguments are clearly contrary to applicable law. … allege that she is a qualified individual with a disability, or that she is disabled as defined by the controlling statutes – the first step to establishing any federal or state disability discrimination claim.80 Further

Lind v. United Servs. Auto. Ass'n

242 So. 3d 576 · Louisiana Court of Appeal · Jan 30, 2018

Lind's Maserati would have qualified as a Hagerty Condition # 2 vehicle with a value of $100,000.00 to $125,000.00. … In order to establish a cause of action for penalties and attorney fees, the Linds were required to show that: (1) USAA received satisfactory proof of loss; (2) USAA failed to tender payment within thirty days ( La.

Carter v. Chrysler Motors Corp.

384 So. 2d 838 · Louisiana Court of Appeal · May 13, 1980

An expert’s testimony establishes that the car had been badly wrecked, with evidence of damage in many areas of the car. … We do not find the trial court’s factual findings in this case “clearly wrong,” and in the absence of such a finding we are bound not to disturb them. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).

Opinion Number

Louisiana Attorney General Reports · Dec 14, 2007

You have asked that we address some rather broad questions, and we have tried to answer them as clearly and comprehensively as possible. … Each director shall hold office for the term for which he was named or elected, and until his successor is elected and qualified.

Demars v. Natchitoches Parish School Board

98 La.App. 3 Cir. 1963 · Louisiana Court of Appeal · Jun 2, 1999

In this instance, we are concerned only with those members of the eighteen to twenty-year-old population who are qualified to be school bus operators. … Clearly, if the discrimination found in La.R.S. 17:491 were truly a means of substantially furthering an important governmental interest, no exemption would be available.

State v. Jackson

778 So. 2d 23 · Louisiana Court of Appeal · Dec 13, 2000

Such factual determinations are entitled to great weight and will not be disturbed on appeal unless clearly contrary to the evidence. Id. … The record clearly shows that defendant stood trial and was found guilty by the jury; he did not plead guilty. In State v.

State v. Robinson

563 So. 2d 477 · Louisiana Court of Appeal · May 30, 1990

Barnes' testimony clearly indicates that defendant did not have the weapon concealed. … He's not trying to be an expert and I'm not trying to qualify him. He saw Jerome Grayer later—he saw the scene.

Dartez v. Jefferson Pilot Financial, Inc. (In Re Dartez)

351 B.R. 364 · United States Bankruptcy Court, W.D. Louisiana · Jul 27, 2005

LAW AND ANALYSIS In determining whether the decision of a plan administrator of an ERISA qualified plan should be upheld, a court must review the decision for an abuse of discretion. 2 The Fifth Circuit has stated that a … The initial denial letter sent by Jefferson Pilot clearly stated that the decision was based upon a lack of objective medical documentation.

Lafourche Parish Water Dist. v. Carl Heck Engrs.

346 So. 2d 769 · Louisiana Court of Appeal · May 9, 1977

The law clearly provided that the Commissioners served at the pleasure of the governing authority. … It does not seem in any way extraordinary for a Board of Commissioners, not required to be qualified engineers, to sensibly employ the services of trained experts to assure that the mandate of the governing authority in creating