Case law

Exxon Corp. v. Foster Wheeler Corp.

805 So. 2d 432 · Louisiana Court of Appeal · Dec 28, 2001

Clearly, the elbow portion of the pipe spool does not fit into any of the enumerated categories listed in paragraph one of article 466. … Clearly, it was permanently attached and had remained in place indefinitely.

Hartwig Moss Ins. Agency, Ltd. v. Board of Com'rs

206 La. 395 · Supreme Court of Louisiana · Jun 26, 1944

That is clearly good law, but has no application to the facts presented here. … Such, we think, was never contemplated by the Legislature, for certainly it did not intend to lay down a rule which would’ violate the established public policy of the state.

Muse v. Lane Memorial Hosp. Foundation

916 So. 2d 231 · Louisiana Court of Appeal · May 13, 2005

Unlike the plaintiff's claim in Hutchinson , the *236 Muses' claims clearly arise from the injury to Mr. Muse who, indeed, was a patient of Lane Memorial Hospital. … Thus, from the alleged facts and those established for purposes of summary judgment, the only possible damages sustained by the Muses resulted from a delay in an administration of a bone scan.

Palazzolo v. Mire

2008 La.App. 4 Cir. 0075 · Louisiana Court of Appeal · Jan 7, 2009

Jordan gave the following reasons for his final recommendation: • The legal basis for the adoptive mother has been clearly established and recognized. From a psychological stand point however, Ms. … They use language and expressions that are clearly not their own.

Star Transport, Inc. v. Pilot Corp.

2014 La.App. 4 Cir. 1228 · Louisiana Court of Appeal · Jun 24, 2015

In the same way that Star relies on the 2009 pricing structure agreement to establish its breach of contract claims, Pilot relies on the Note to establish Star’s agreement to arbitration of any claims arising from or relating … That we are dealing with many millions of dollars clearly indicates that the parties have some business sophistication and acumen. .

Glod v. Baker

899 So. 2d 642 · Louisiana Court of Appeal · Mar 23, 2005

There is no qualifying language attached to this [time limit]. … The acts which occurred after January 29, 1997 do not qualify as unfair trade practices as a matter of law.

Allen v. Keeney

442 So. 2d 1171 · Louisiana Court of Appeal · Nov 22, 1983

The jury's findings here were not clearly erroneous. … Thus, the jury's findings here are not clearly erroneous.

Deon Danna v. the Ritz-Carlton Hotel Company, L.L.C., Marriott International, Inc., Russell Miller, and Zachary Curry

Louisiana Court of Appeal · Mar 24, 2021

The Louisiana Code of Evidence allows a witness to qualify as an expert witness by knowledge, skill, experience, training or education. La. … of the trial court, and 2) the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous).

O'Neal v. Newcomb

209 So. 3d 1039 · Louisiana Court of Appeal · Dec 21, 2016

So now, this lay witness certainly is less qualified to come in and testify that the road that’s shown on that map is not the same as Highway 28. … Couvil-lion’s survey, and any new plat required to depict the newly established boundary.

United States v. St. James Parish

792 F. Supp. 1419 · District Court, E.D. Louisiana · May 13, 1992

respect to which funds have been paid under Section 291f of this title, shall, at any time within 20 years after the completion of construction or modernization— *1421 (1) be sold or transferred to any entity (A) which is not qualified … See, Government’s First Amended Complaint; Minute Entry Order of the Court dated April 6, 1992; and Minute Entry Order of the Court dated April 15, 1992 (stating that the Government’s First Amended Complaint "clearly seeks

Badeaux v. St. Charles Parish Sheriff's Office

District Court, E.D. Louisiana · May 12, 2021

Cravero but neglecting to mention a clearly be read to state a baseline constitutional violation. In Steagald v. … Here, the plaintiff alleges no such deprivation. 4 This is to say nothing of the individual defendants’ qualified immunity, or the fact that the Sheriff’s Office is not a suable legal

Smith v. STATE, DEPARTMENT OF SOCIAL SERVICES AND EDUCATIONAL AND TREATMENT COUNCIL, INC.

806 So. 2d 126 · Louisiana Court of Appeal · Dec 28, 2001

Upon application of the tutor or parent who would otherwise be the proper plaintiff to sue pursuant to Paragraph B or C, the court shall appoint or substitute as the proper plaintiff the best qualified among the tutor, parent … However, the legislature has established two exceptions to the one year prescriptive period for minors in cases of sexual abuse.

Gressett v. Southwest Airlines Co.

216 F. Supp. 3d 743 · District Court, E.D. Louisiana · Oct 20, 2016

No rational trier of fact could conclude that this behavior qualified as anything more than regrettably rude and off-putting. … The law clearly provides for a colorable assault claim only when the threat is one of physical violence. In Castiglione v.

Wallace v. Louisiana Citizens Property Insurance Corp.

2010 La.App. 4 Cir. 0647 · Louisiana Court of Appeal · Dec 6, 2010

Section A of article 591 provides that a civil action must first meet five prerequisites to qualify for class certification. … such is the preferred approach), we find that a determination under article 591 B first is sufficient to establish whether a plaintiff will ever be able to establish his right to class certification.

Citizens Sav. and Loan Ass'n v. Kinchen

622 So. 2d 662 · Supreme Court of Louisiana · Aug 2, 1993

Those facts are not sufficiently akin to the facts of the present case to qualify Fuselier as an example that should be followed here. … Under these circumstances, I believe Hart clearly subrogated his right to appoint an appraiser to Ritter and Kinchen, and retained no independent right to appoint an appraiser.

Opinion Number

Louisiana Attorney General Reports · Nov 7, 2008

No. 05-0282 we opined that a wastewater development impact fee established by West Baton Rouge Parish was a tax. … ATTEST: Sharon Zito, Council Clerk CERTIFICATE I, Sharon Zito, hereby certify that I am the duly qualified Council Clerk of the West Baton Rouge Parish Council.

Peart v. Chaze

13 F.2d 908 · District Court, W.D. Louisiana · May 14, 1926

All of this I think clearly indicates a continuing desire that the' money should be paid to his mother. … The intent to designate the niece as residuary beneficiary is explicitly established.

Mariano v. Tanner

497 So. 2d 1066 · Louisiana Court of Appeal · Nov 10, 1986

The testimony at trial established the following facts: On May 28, 1982, Mrs. … We find no merit to this contention as the record clearly reflects that counsel for the hospital, upon realizing his error, joined in the motion for a dismissal, which the trial court granted.

Richard v. Artigue

2011 La.App. 3 Cir. 1471 · Louisiana Court of Appeal · Apr 4, 2012

that the fact finder is clearly wrong or manifestly erroneous. … Her former job qualifies as sedentary work. The accident occurred in October, 2007, and Richard did not cease working until early in 2010 when she was fired by the Lynd Company.

Urda v. Valmont Industries Inc.

District Court, M.D. Louisiana · Sep 21, 2021

Applying Washington law, Aldridge argues that it did not “clearly and specifically” waive its statutory employer immunity because the contract language is too broad. (Id.) … The Brown court ruled that this broad language failed to clearly express a specific intent of the employer to waive its RCW 51 immunity. Id. at 240.