Case law

DaimlerChrysler Services of North America, L.L.C. v. Secretary, Department of Revenue

2007 La.App. 1 Cir. 0010 · Louisiana Court of Appeal · Sep 14, 2007

. *619 The BTA denied DaimlerChrysler’s appeals, and DaimlerChrysler petitioned the Nineteenth Judicial District Court for judicial review. 1 The district court concluded that DaimlerChrysler did not qualify as the dealer … However, exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively established by the taxpayer. Whitten Foundation v.

Mut v. Newark Insurance Company

289 So. 2d 237 · Louisiana Court of Appeal · Mar 15, 1974

proof of loss, and also fails to establish Newark's right to subrogation. … Owners' petition clearly charges Contractor with negligence in performing the work and breach of contractual warranty of workmanship.

C.M. Thibodaux Co. v. United States

723 F. Supp. 367 · District Court, E.D. Louisiana · Oct 10, 1989

Because the state court had decided that title had passed from the state to private owners, the Group No. 1 court found the private owners were not immune from federal income tax. Likewise in Burnet v. … The Maniscalco facts, like those of Blair , are clearly distinguishable from this case. Maniscalco involved a federal gambling tax lien on real property.

State v. Jacobs

7 La.App. 5 Cir. 887 · Louisiana Court of Appeal · May 24, 2011

In reversing the judgment of the Court of Appeals, the Supreme Court held that no decision of the United States Supreme Court clearly established the categorical rule on which the Court of Appeals relied. Id. at 1175. … She was qualified as an expert at defendant’s first murder trial. Ms. Walzer testified that the crime lab follows the rules established by the Association of Firearm and Toolmark Examiners (AFTE).

State v. Howard

751 So. 2d 783 · Supreme Court of Louisiana · Apr 23, 1999

Thus, no error is perceived in his sharing his opinions and inferences, without qualifying as an expert. … See Rule IV, Part 2, Section 3. [1] Several assignments of error were not discussed in this opinion because they do not represent reversible error and are governed by clearly established principles of law.

Sutherlin Sales Co. v. UNITED MOST WORSHIPFUL, ETC.

127 So. 2d 253 · Louisiana Court of Appeal · Feb 20, 1961

Harris, a salesman in the advertising and specialty business since 1938, was qualified as an expert in this field by the defendant for the purpose of evaluating damage. … property therein and are not due to fire: "(1) the discharge, leakage or overflow of water or steam from plumbing * * * *260 We are of the opinion that the contract of insurance existing between the third party litigants clearly

Winter v. Eon Production, Ltd.

433 F. Supp. 742 · District Court, E.D. Louisiana · May 21, 1976

Justice Frankfurter himself clearly repudiated such notions in his concurrence in Pope & Talbot v. Hawn, 1953, 346 U.S. 406, 414 , 74 S.Ct. 202 , 98 L.Ed. 143 . 7 . Although under Louisiana law Mrs. … Winter could not have sued her husband as a joint tortfeasor, La.R.S. 9:291, the defense of inter-spousal immunity is strictly personal and does not bar a claim for contribution against a spouse whose fault has contributed

Bunge North America, Inc. v. Board of Commerce & Industry and Dept. of Economic Dev.

991 So. 2d 511 · Louisiana Court of Appeal · May 2, 2008

This court affirmed the trial court's judgment and concluded that by granting an ad valorem tax exemption to a facility that did not qualify as a manufacturing establishment, the Board had clearly exceeded its constitutional … The assessor, as chief executive officer of the district, clearly had standing to bring a declaratory judgment action seeking a declaration of the constitutionality of La.Rev.

Stupp Bros., Inc. v. Alexander

243 So. 3d 22 · Louisiana Court of Appeal · Feb 20, 2018

Moreover, the employee must establish her disability and its causal relation with her employment accident by a preponderance of the evidence. Walton v. … The OWC hearing officer clearly found Mrs. Alexander to be a credible witness.

Independent Turtle Farmers of Louisiana, Inc. v. United States

703 F. Supp. 2d 604 · District Court, W.D. Louisiana · Mar 30, 2010

‘[w]e must look at the decision not as a chemist, biologist, or statistician that we are qualified neither by training nor experience to be, but as a reviewing court exercising our narrowly defined duty of holding agencies … July 15, 1999) ("Although the Supreme Court has indicated that the record should be the 'focal point for judicial review’, it has refrained from establishing an absolute record rule in all cases.

State v. January

993 So. 2d 375 · Louisiana Court of Appeal · Oct 1, 2008

trial court for the trial court to establish a payment plan. … a payment plan be established.

State ex rel. Department of Highways v. Hayes

150 So. 2d 667 · Louisiana Court of Appeal · Mar 5, 1963

. * * * ” The defendant’s experts were not as well qualified by training or experience with this type of property as the State’s witnesses. The one comparable they used was actually not comparable. … We think clearly that this spur track, constructed on the property by the owners for its service and improvement, was immovable by destination under the provisions of L.S.A.-C.C. Article 468. See Coguenhem v.

Molden v. Georgia Gulf Corp.

465 F. Supp. 2d 606 · District Court, M.D. Louisiana · Nov 14, 2006

by some Plaintiffs. 22 The toxicology of phenol is well established in the scientific literature and in the industry. … b) the chances of members of the public at large of developing the disease; (4) A monitoring procedure exists that makes the early detection in the disease possible; (5) The monitoring procedure has been prescribed by a qualified

Hunt v. Mississippi Central Railroad

29 La. Ann. 446 · Supreme Court of Louisiana · May 15, 1877

that by error double receipts were given for these bales, once on the eighteenth of December, 1869, and again on the first of January, 1870, by including them in the receipt for thirty-three bales, and, we think, evidence establishes … their employ for issuing false bills of lading or receipts, and the latter by putting such bills or receipts upon the same footing as commercial paper, and protecting the holder in good faith with all the privileges and immunities

Hill v. Sills

404 So. 2d 1323 · Louisiana Court of Appeal · Sep 29, 1981

Although not then employed, she was a registered X-ray technician, having qualified for this vocation in 1956. … Hill on a parttime basis as soon as she became established back in Jacksonville, at a pay rate of $5.50 per hour.

State ex rel. A.W.

2003 La.App. 4 Cir. 1180 · Louisiana Court of Appeal · Oct 22, 2003

Defatta believed that the injuries clearly resulted from someone beating the child severely for a long period of time. … Furthermore, a child has an interest in the termination of rights that prevent adoption and inhibit that child’s establishment of secure, stable, long term, continuous family relationships.

Shelly Benoit v. City of Lake Charles

Louisiana Court of Appeal · Jul 20, 2005

His testimony establishes that the park has both soccer and baseball fields open to the public. … Considering these established facts, we conclude that La.R.S. 9:2795 is applicable to the City.

Hoyt v. LeBlanc

District Court, M.D. Louisiana · Feb 17, 2023

the cost of litigation; (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing … immunity.

Gulf States Util. v. La. Pub. Serv. Com'n

689 So. 2d 1337 · Supreme Court of Louisiana · Feb 25, 1997

or qualifying facilities, such utility would generate itself or purchase from another source." … Unless and until the "merged" fuel clause recovery is less than the market cost of purchased power, ratepayers would clearly be better off if River Bend did not operate.

City of Baton Rouge v. Bridge City Realty Co.

260 So. 2d 131 · Louisiana Court of Appeal · Mar 13, 1972

If the subject bluff land were for sale without the low land very clearly it would be almost comparable to the three properties in question. … Brown was more qualified in this particular industrial area of Baton Rouge. In Florida Gas Transmission Co. v.