Case law

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

Schulingkamp v. Ochsner Clinic

813 So. 2d 524 · Louisiana Court of Appeal · Mar 13, 2002

a)(i) provides, however: No action against a health care provider covered by this Part, or his insurer, may be commenced in any court before the claimant's proposed complaint has been presented to a medical review panel established … malpractice, LSA-R.S. 40:1299.41(G) allowed the suspension of prescription with regard to certain solidary obligors as follows: ... the running of prescription against a health care provider who is answerable in solido with a 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.

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.

State v. Tucker

591 So. 2d 1208 · Louisiana Court of Appeal · Dec 6, 1991

To make a Batson contention, a defendant is required to establish a prima facie case of purposeful discrimination. … From a total 238-year exposure, the imposition of 120 years qualifies as a proper sentencing *1219 choice.

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).

Jaffarzad v. Jones Truck Lines, Inc.

561 So. 2d 144 · Louisiana Court of Appeal · Mar 14, 1990

Since defendants failed to establish Jaffarzad's conduct was a cause-in-fact of the accident, we find the jury clearly erred in concluding he was 9% negligent. B. … Trooper Langlinais, who also testified, was not qualified as an accident reconstruction expert.

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

Dewenter v. Mott

27 So. 2d 444 · Louisiana Court of Appeal · Oct 9, 1946

Clearly, in our opinion, under such facts, no consideration for an extension was due by the plaintiff nor was a formal tender of the purchase price necessary. [2] When we come to consider that phase of the case on the merits … It was not until November 30, 1942 that the judgment for separation between the defendant and his wife was signed and even then that judgment did not establish the status of the property because that was done only in the

Opinion Number

Louisiana Attorney General Reports · Apr 8, 2009

In so holding, we note that the parish or municipality should establish objective eligibility requirements to ensure that the activity truly serves only the needy. … On the other hand, the Town would not be prohibited from adjusting a water bill that is clearly incorrect, such as in the case of a misread meter.

Dettenhaim Farms, Inc. v. GreenPoint AG, LLC, Nationwide Insurance Company, Wesley Emmett Sanchez, and ABC Insurance Company

Louisiana Court of Appeal · Nov 17, 2021

clearly wrong. … The trial court’s finding that plaintiffs established by a preponderance of the evidence that Greenpoint caused damage to the unharvested soybean crops was not clearly wrong. 15

Miller v. Roger Miller Sand, Inc.

646 So. 2d 330 · Supreme Court of Louisiana · Nov 30, 1994

An employee in a worker's compensation action has the burden of establishing a causal link between the work-related accident and the subsequent disabling condition. Peveto v. … The hearing officer was clearly wrong to terminate disability payments due to the stroke.

Water Craft Management, L.L.C. v. Mercury Marine

638 F. Supp. 2d 619 · District Court, M.D. Louisiana · Jul 21, 2009

While the Watermeier court found fraud to be present as a threshold matter, the court also held that “the plaintiffs failed to establish the cause of their losses. … Also, the testimony plaintiffs wanted to give as lay opinions is testimony which is usually given by experts qualified under Rule 702 of the Federal Rules of Evidence.

State v. Cortez

687 So. 2d 515 · Louisiana Court of Appeal · Dec 18, 1996

Glenn Borne to testify regarding whether immunizations were received by defendant's child and regarding the type of injury incurred by the defendant's son. B. The court erred in allowing Dr. … Accordingly, the state has failed to establish that Ms.

Marigny v. Union Bank

5 Rob. 354 · Supreme Court of Louisiana · Jul 15, 1843

exclusively on their finding of those facts, would not perhaps be disturbed by us, unless clearly and manifestly erroneous. … the defendants created or continued the above belief and impression, with an intention or design of obtaining the endorsement of the plaintiff, and thereby procured an unjust advantage for themselves, it was what the law qualifies

Montgomery v. Montgomery

2011 La.App. 3 Cir. 1223 · Louisiana Court of Appeal · Apr 11, 2012

In Brown v. 6Drillers Inc., supra, the Supreme Court held that “substantiating evidence” must establish: either (1) that the releaser was mistaken as to what he or she was signing, even though fraud was not present; or (2 … If this qualified as a valid dispute over the scope of a compromise settlement, compromise settlements would have to be the length of novels in order to cover every possible injury that might arise out of any given accident

State v. Wells

2011 La.App. 4 Cir. 0744 · Louisiana Court of Appeal · Jul 11, 2014

Instead, he is a person who shot and killed another person under circumstances which clearly permit a reasonable factfinder to conclude that Mr. … R.S. 14:20 reveals that the entire statute is clearly written to distinguish between those who are acting lawfully and those who are not.