Case law

Bank of Coushatta v. Coats

170 La. 163 · Supreme Court of Louisiana · Dec 2, 1929

Drangent executor without bond, and he was duly qualified as such. On January 26,1923, Mrs. Coats executed a power of attorney in notarial form duly authorized by her husband, in which she appointed H. W. … All debts contracted by the husband under such circumstances are his debts or debts of the community, for which the wife cannot be made liable, unless it is clearly shown that such debt inured to her benefit or the special

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.

Kirkland v. Marriott International Inc.

416 F. Supp. 2d 480 · District Court, E.D. Louisiana · Feb 21, 2006

The party offering the testimony bears the burden of establishing its reliability by a preponderance of the evidence. See Moore v. Ashland Chemical Inc., 151 F.3d 269, 276 (5th Cir.1998). … Evidence of work performed on the brakes in May 2003, to the extent it tends to show that the pads may have been changed after the accident and before Luxemburg’s inspection, is clearly admissible for this purpose. III.

Bradley v. Hunter

413 So. 2d 674 · Louisiana Court of Appeal · Apr 14, 1982

It is, however, clearly distinguishable from the case at hand. In Brasseaux, the plaintiff and defendant were involved in a boundary dispute. … As a factual determination we cannot reverse the trial court's ruling absent manifest error or the decision being clearly wrong. No such error appears in this record.

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.

Alarcon v. Aetna Cas. and Sur. Co.

538 So. 2d 696 · Louisiana Court of Appeal · Jan 18, 1989

United Gas Pipe Line Co., 517 So.2d 145, 167 (La.App. 4th Cir.1987), where the court concluded that, "... the rule seems quite beyond dispute that the existence of a contract does not confer tort immunity." … Comeaux held that the action clearly fell within the jurisdiction of the insurance commissioner and was exempt from the Unfair Trade Practices And Consumer Protection Law.

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

Sawyer v. Parish of Concordia

12 F. 754 · U.S. Circuit Court for the District of Louisiana · Jun 15, 1882

Such a right, privilege, or immunity makes up a federal question, and if his suit involves such a question he may begin it in this court. … Y. 259;) but the act must be clearly subversive of the constitution, (Turner v. Alihaus, 6 ISteb. 54; Central 0. R. Co. v. Twenty-Third Street R. Co. 54 ITow. Pr. 168; Remington v.

Tommie Hebert, Et Ux. v. J. Oran Richard

Louisiana Court of Appeal · Jun 17, 2015

Thus, Industrial must have produced factual support sufficient to establish that it would be able to meet its burden of proof at trial on this issue. … from tort. . . both the lending and borrowing employers are immune from suit in tort.”

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.

Vermilion Parish Police Jury v. Williams

2002 La.App. 3 Cir. 12 · Louisiana Court of Appeal · Jul 3, 2002

We have spoken very clearly and decisively. … Williams, who appears to be headed in a direction of permanent total disability, established on SEB which is limited to 520 weeks. While Mr.

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.

Warren v. Shelter Mutual Insurance Co.

15 La.App. 3 Cir. 838 · Louisiana Court of Appeal · Jun 29, 2016

It was established by the expert testimony from Mr. … Glen Vamvoras certainly knew that there were qualified boat mechanics located just a short distance from his home as he had used two of them for general maintenance.

Harry B. Brown v. Marcelo Olvera, Olvera's Concrete, Inc.; Olvera's Concrete Louisiana, Inc.; State Farm Mutual Automobile Insurance Company; and Endurance American Specialty Insurance Company

Louisiana Court of Appeal · Nov 15, 2021

Plaintiff failed to produce factual support sufficient to establish the existence of a genuine … He does not qualify as an insured under the 1 Judge William J.

Warren v. Shelter Mutual Insurance Co.

15 La.App. 3 Cir. 1113 · Louisiana Court of Appeal · Jun 29, 2016

It was established by the expert testimony from Mr. … Glen Vamvoras certainly knew that there were qualified boat mechanics located just a short distance from his home as he had used two of them for general maintenance.

JR Watkins Co. v. Stanford

52 So. 2d 325 · Louisiana Court of Appeal · Apr 30, 1951

Section 2 of said Act further provides: "The burden of proof shall rest upon such foreign corporation to establish that it has complied with the laws of this State for doing business herein * * *." … a substantial business in Louisiana and not authorized to do so, and that therefore it is not entitled to sue in the courts of Louisiana upon matters arising out of its doing business in Louisiana until it has properly qualified

Juneau v. Avoyelles Parish Police Jury

482 So. 2d 1022 · Louisiana Court of Appeal · Feb 5, 1986

The defense of a qualified privilege must be specially pleaded. Trahan v. Ritterman, 368 So.2d 181 (La.App. 1st Cir. 1979). … R.S. 42:3 by interpretation or counter authority, perhaps Sherwin Juneau will be able to establish a claim for wages due from March 13, 1984 until June 13, 1984.

O'Bannon v. Moriah Techs., Inc.

248 So. 3d 392 · Louisiana Court of Appeal · Mar 29, 2018

Exclusions must be clearly stated. See La. C.C. art. 2057 ; see also La. Maint. Servs. Inc. v. Certain Underwriters at Lloyd's of London , 616 So.2d 1250 (La. 1993). … Furthermore, as noted in our prior opinion, it is well established that where the parties stipulate the state law governing the contract, Louisiana conflict of laws principles require that the stipulation be given effect,

State v. Alexander

430 So. 2d 621 · Supreme Court of Louisiana · Apr 4, 1983

The remaining assignments of error involve legal issues governed by clearly established principles of law. They will be treated in an unpublished appendix which will comprise part of the record of this case. … In other Louisiana cases, absent dialogue as in Rodman , where the judge completely avoided any qualified language (such as "at this time" in the case under consideration), reversible error has not been found when the judge