Case law

Silk v. Silk

691 So. 2d 97 · Louisiana Court of Appeal · Apr 2, 1997

The decision of the WCHO, in my opinion, is clearly wrong, factually and legally, and should be reversed. Before MARVIN, C.J., and WILLIAMS, STEWART GASKINS and PEATROSS, JJ. ON REHEARING MARVIN, Chief Justice. … The contribution required by the statute is not qualified or limited to a monetary contribution. Neither should the contribution be required to have been made concurrently or closely to the contributing spouse's death.

Succession of Harvey v. Dietzen

716 So. 2d 911 · Louisiana Court of Appeal · Jun 24, 1998

Harvey as administratrix of the succession but she never qualified for that position. … In that case the bank allowed the husband to mortgage the property without the wife's consent where the wife's signature was clearly necessary.

State v. Cardinale

251 La. 828 · Supreme Court of Louisiana · Jan 15, 1968

It was established that the diagram had been drawn by the witness according to the things he had actually seen while he was at the locale. … Defendant urges that the short time taken “clearly indicates a lack of serious deliberation upon a matter so serious as the life or death of the accused, and for this factor alone [this bill] should be the basis of a mistrial

McClanahan v. Lakeside National Bank (In Re RDC Corp.)

88 B.R. 97 · United States Bankruptcy Court, W.D. Louisiana · Mar 22, 1988

Defendant agrees that the payments were preferential transfers described in Bankruptcy Code section 547(b), but maintains that the transfers were immune from the trustee’s avoidance powers under section 547(c)(2) as payments … Ranier (In re Fulghum Construction Corp.), 45 B.R. 112, 116 , 11 C.B.C.2d 1378, 1382-83 (Bankr.M.D.Tn. 1984) (emphasis added) aff’d, 78 B.R. 146 (M.D.Tn.1987). 2 Repayment of a working capital loan clearly diminishes the

Phyllis J. Green v. Evangeline Parish Police Jury

Louisiana Court of Appeal · Oct 9, 2013

Upon qualifying as a candidate for other public office, a registrar shall forfeit his office. … Our review of the evidence in the record reveals that it contains a reasonable factual basis for the trial court’s conclusion, and the record does not establish that the trial court’s findings were clearly wrong or manifestly

Isla Resources, LLC v. Frey

931 So. 2d 1233 · Louisiana Court of Appeal · May 31, 2006

Clearly, the testimony of Ms. King-Pa-tin and Mr. Vegas as to whether a background check was performed prior to Ms. Frey’s hiring is not consistent. … Clearly, there is a dispute over the issue of whether Rhino Referral is the industry standard.

Bourgeois v. United States Coast Guard

151 F. Supp. 3d 726 · District Court, W.D. Louisiana · Dec 17, 2015

Co., 1995 WL-110593 (E.D.La.1995) (“[a]s a person of Cajun descent, [the plaintiff] qualified as minority under the statute proscribing discrimination based on national origin.”). … The plaintiff further argues the foregoing evidence is clearly related to thé employment decisions at issue and, also, constitutes direct evidence of discrimination.

Schiro v. STATE THROUGH DEPT. OF TRANSP. & DEVELOPMENT

99 La.App. 4 Cir. 2754 · Louisiana Court of Appeal · Apr 11, 2001

The two-part test for the appellate review of a factual finding is: (1) whether there is a reasonable factual basis in the record for the finding of the trial court, and (2) whether the record further establishes that the … In this case, because Trooper Ogle was not qualified as an expert in accident reconstruction, the trial court expressly *509 discounted his testimony as to how and where the impact occurred.

Christina James Worms, Julien Georges Pierre Worms, and Picardie Timber Frame, LLC v. Toni Denise Barnard and Douglas Barnard

Louisiana Court of Appeal · Jun 20, 2024

“Thus, we review this matter to determine whether the trial court’s ‘finding of fact ... is clearly wrong in light of the record reviewed in its entirety.’” Id. … been made certifying that the sheriff has been unable to make service, whichever is earlier, on motion of a party the court shall appoint a person over the age of majority . . . whom the court deems qualified

First Nat. Bank of Vicksburg v. Drexler

184 So. 607 · Louisiana Court of Appeal · Jun 30, 1938

convinced that to designate a litigant as a nephew of a deceased person meets all the requirements of the law and sufficiently informs defendant of the nature of plaintiff’s claim and of what he intends to prove in an effort to establish … This article of the Code of Practice clearly has no application to an attachment of a right, such as in the case at bar. It applies to tangible property taken into possession by the sheriff.

Mark Patout v. Underwriters at Lloyd's London

Louisiana Court of Appeal · Mar 1, 2017

The Louisiana Supreme Court and this court have addressed this situation. 1 The LPLA “establishes the exclusive theories of liability for manufacturers for damage caused by their products. … The first Louisiana case that clearly adopted the doctrine of contributory negligence was Fleytas v.

Jordan v. Ryan

95 La.App. 4 Cir. 2259 · Louisiana Court of Appeal · Nov 27, 1996

Before a fact-finder’s verdict may be reversed, the reviewing court must find from the record that a reasonable factual basis does not exist for the verdict, and that the record establishes the verdict is manifestly wrong … wrong based on the evidence, or clearly without evidentiary support.

Howell Constr., Inc. v. Andry Lerner, L.L.C.

258 So. 3d 125 · Louisiana Court of Appeal · Oct 24, 2018

Clearly, inherent in qualifying for economic loss damages is an implicit requirement that a business owner show an economic loss. … Ciolino offered no explanation as to how a business with tax returns indicating that it had been operating for at least two years prior to the oil spill qualified as a "Start-Up Business." Similarly, Mr.

Union Oil & Gas Corp. of Louisiana v. Broussard

237 La. 660 · Supreme Court of Louisiana · Apr 27, 1959

The declaration of codal Article 491, supra, is necessarily qualified thusly: “ * * provided it is not used in any way prohibited by law or ordinances.” … The language contained in the instrument, clearly and expressly acknowledged the existence of the real obligation, •granting to the then owners, now claimed by Waggoner and Hugh A.

Sinclair v. Beacon Gasoline Co.

447 F. Supp. 5 · District Court, W.D. Louisiana · Jun 14, 1976

. § 201 , et seq., had a two-pronged purpose of establishing a minimum wage and setting forth a maximum workweek beyond which overtime compensation would be due to qualifying employees. 29 U.S.C. §§ 206 , 207. … Clearly, then, drivers of motor vehicles of private carriers of property by motor vehicle are not entitled to overtime compensation under 29 U.S.C. § 207 (a)(1).

Ducote v. Perry's Auto World, Inc.

98 La.App. 1 Cir. 1972 · Louisiana Court of Appeal · Nov 5, 1999

On review, we find that there is a reasonable basis for the court's factual conclusions, and that they are not clearly wrong. Mart v. Hill, 505 So.2d 1120, 1127 (La.1987). … C.C. art. 2548 in 1993, has established three criteria for such a waiver to be effective: 1) The waiver must be written in clear and unambiguous terms; 2) The waiver must be contained in the sale document; 3) The waiver must

Clark v. Manuel

463 So. 2d 1276 · Supreme Court of Louisiana · Feb 25, 1985

The department shall establish appropriate standards with interpretative guidelines and establish monitoring procedures. … The classification of mental retardation may well be relevant in some cases, such as the types of school programs to which a child is assigned or the types of employment for which an adult is qualified.

Krupp v. Pan Air Corp.

183 So. 2d 403 · Louisiana Court of Appeal · Feb 7, 1966

The record is devoid of evidence which would establish any negligence on the part of Hertz, since on this occasion it leased the vehicle to Pan Air through Fergeson, ostensibly a capable driver, who produced a valid driver … The jurisprudence is rather well settled to the effect that in order to qualify as an omnibus insured under the above policy provision, the driver of an automobile must be operating it with either the express or implied consent

Brumfield Towing Service, Inc. v. City of Baton Rouge

911 F. Supp. 212 · District Court, M.D. Louisiana · Jan 4, 1996

Clearly, however, the anti-trust laws are in no way implicated in such transactions. … City of Eau Claire, 471 U.S. 34 , 105 S.Ct. 1713 , 85 L.Ed.2d 24 (1985), the City of Baton Rouge is immune from federal antitrust liability for its activities in this area (assuming those activities could be so characterized

Renfro v. Burlington Northern Santa Fe Railway Co.

15 La.App. 3 Cir. 372 · Louisiana Court of Appeal · May 11, 2016

Therefore, an appellate court should only disturb the trier of fact’s allocation of fault when it is clearly wrong or manifestly erroneous. … Renfro’s petition in this matter lacks any factual allegations sufficient to establish a bystander claim under La.Civ.