Case law

Baker v. Stanley Evans Logging

960 So. 2d 351 · Louisiana Court of Appeal · Jun 20, 2007

Baker eventually supplied American Interstate with his tax returns in an effort to establish that he qualified for higher indemnity benefits. … R.S. 23:1208 is governed by the manifest error/clearly wrong standard of review. Freeman v. Triad Builders, supra .

Holy Cross Neighborhood Ass'n v. United States Army Corps of Engineers

774 F. Supp. 2d 806 · District Court, E.D. Louisiana · Mar 29, 2011

Therefore, to establish jurisdiction over a claim against the United States, a plaintiff must identify a Congressional waiver of immunity or consent to be sued that is clearly and unequivocally expressed. … A claim against the United States under the CWA citizen-suit provision operates as a waiver of sovereign immunity from suit. See id.

Veronica Braggs Versus Simeon Dickerson and Jon A. Gegenheimer, Jefferson Parish Clerk of Court

Louisiana Court of Appeal · Aug 9, 2022

The couple has clearly established 3217 Tulip Court as their matrimonial domicile. E. … Dickerson did not file his Notice of Candidacy on the first day of qualifying, nor did he file the notice of candidacy on the second day of qualifying.

Collins Pipeline Company v. New Orleans East, Inc.

250 So. 2d 29 · Louisiana Court of Appeal · Jun 7, 1971

By examining the exhibits, it can be clearly seen that there is an existing drainage canal running in a north-westerly direction through defendant's property. … The trial judge properly refused evidence which would have established a "final offer" by Collins because unless there was a tender Collins could not avoid court costs.

State ex rel. H.M.D.

9 La.App. 3 Cir. 0508 · Louisiana Court of Appeal · Apr 7, 2010

Additionally, we review the trial court’s findings of fact under a manifest error/clearly wrong standard. Id. … Having concluded that the trial court was not clearly wrong in determining that a ground for termination exists, we turn to the “best interest” issue.

State v. Ripley

889 So. 2d 1214 · Louisiana Court of Appeal · Dec 15, 2004

Redden is clearly a savvy businessman. … It is paramount that criminal intent, one of the several essential elements the state must prove for the crime of theft, be clearly established by the evidence.

Parish of Ouachita ex rel. Ouachita Parish Police Jury v. Town of Richwood

697 So. 2d 623 · Louisiana Court of Appeal · Jun 18, 1997

As discussed above, contiguity is clearly required by statute for annexation under election and election/ordinanee. … It has long been established that an injunction is available and will be issued against a legislative body which has taken, or is threatening to take, action which is ultra vires. Connell v.

State v. Piazza

94 La.App. 1 Cir. 1841 · Louisiana Court of Appeal · May 5, 1995

Thus defendant failed to establish that the fish seized by the Department were acquired by him from Louisiana domestic fish farms. … Defendant failed to establish where he obtained the fish seized by the Department. The evidence is, therefore, clearly sufficient to support the conviction. Hence, defendant’s assignments of error lack merit.

State v. Holmes

258 La. 221 · Supreme Court of Louisiana · Feb 24, 1971

If the cause of death has not been established, the Court must, as a matter of law, grant defendant’s motion for a directed verdict on both the charge of murder and manslaughter. … WHALEN: We object to this, Your Honor, as not being an official document, not qualifying under the provisions of Article 105 as to what may be admitted to prove death. Further * * * “THE COURT: Is that 15:105? “MR.

Tugendhaft v. Gehbauer

227 La. 830 · Supreme Court of Louisiana · Mar 21, 1955

The plaintiff is a 36-year-old qualified medical technician, and their marriage on May 17, 1943, was the outgrowth of their mutual professional and personal interests. There were no children born of this union. … Plaintiff had a seemingly unlimited charge account in practically every department and jewelry store and exclusive ladies’ ready-to-wear establishment in this city.

Favalora v. Police Jury

112 La. 384 · Supreme Court of Louisiana · Feb 29, 1904

taxation herein fixed; and such districts shall be prohibited from levying contributions under the provisions of existing laws, and provided further that nothing herein contained shall prevent drainage districts from being established … The language of article 291 of the Constitution of 1898 indicates clearly that the convention intended to provide and provided for increase of taxation for road and bridge purposes, not only for the roads and bridges of particular

Reeder v. Succession of Palmer

623 So. 2d 1268 · Supreme Court of Louisiana · Sep 3, 1993

If however, the court in the first action would clearly not have had jurisdiction to entertain the omitted theory or ground (or, having jurisdiction, would clearly have declined to exercise it as a matter of discretion), … More recently, however, the Court has made clear that this statement does not establish a mandatory rule to be applied inflexibly in all cases.

Bettison v. Avoyelles Land & Improvement Co.

120 La. 498 · Supreme Court of Louisiana · Jan 9, 1908

Gunstream ever qualified in any capacity that would authorize them to represent the two separate sets of minors named. (3) Urged that the pretended donation from Thomas P. Frith to Mrs. E. S. … “We have now clearly established as evidencing the intention of the parties the number of acres expressed in the donation correspond *503 ing with the number of acres taken possession of by the donee and her heirs, and we

Harrison v. State, Dept. of Pub. Safety, Driv. Lic. Div.

298 So. 2d 312 · Louisiana Court of Appeal · Oct 4, 1974

Clearly this order is invalid because plaintiff was not notified or given the opportunity to be heard prior to the administrator's action. … But to successfully urge a denial of procedural due process, the complainant must establish an actual deprivation of a right. She Smith v. Department of Public Safety, 254 So.2d 515 (La.App. 4th Cir. 1971).

Ly v. State Through Dept. of Public Safety and Corrections

633 So. 2d 197 · Louisiana Court of Appeal · Nov 24, 1993

Thus, Delatte was clearly exceeding the posted speed limit at the time of the accident. … is clearly wrong.

State v. Taylor

2012 La.App. 4 Cir. 0345 · Louisiana Court of Appeal · Jun 26, 2013

Afterward the victim asked him why he had done it, clearly reflecting the victim’s state of mind that she had not consented to the sexual activity. As noted above, Dr. … In Armstead, we explained that “[o]ur jurisprudence clearly establishes that the testimony of a victim, alone, is sufficient to establish the elements of the offense of forcible rape, even where the state does not introduce

Billings v. State

826 So. 2d 1133 · Louisiana Court of Appeal · Jun 13, 2001

The trial judge denied qualifying Mr. Galpin as an expert because he concluded that Mr. Galpin’s testimony would not be based on scientific evidence. … The guidelines establish the conditions which warrant barrier protection, the type of barriers available, and how the barrier should be installed dimensionally or geometrically.”

Chamberlain v. State Through DOTD

633 So. 2d 871 · Louisiana Court of Appeal · Mar 11, 1994

DOTD's liability for those injuries has been previously established. Chamberlain v. … This court upheld the $500,000.00 general damage award, finding that the evidence clearly established that the claims, taken together, exceeded the liability limitation.

Scarborough v. Clemco Industries

264 F. Supp. 2d 437 · District Court, E.D. Louisiana · May 16, 2003

Thus, for actions sounding in substantive maritime law the available damages are well established to preclude non-peeuniary damages. … by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable.”

State of Louisiana, Board of Ethics v. Maureen Robbins Saunders

Louisiana Court of Appeal · Dec 21, 2015

Stated another way, the party on which the burden of proof rests must establish a prima facie case. … Saunders was unaware had to be paid in full.2 There is no conflict in the evidence or testimony, and the evidence clearly shows that Ms.