Case law

Pinsonneault v. Merchants & Farmers Bank

738 So. 2d 172 · Louisiana Court of Appeal · Jul 21, 1999

that the finding is clearly wrong (manifestly erroneous). … Hence, metaphorically again, negligent tortfeasors and intentional tortfeasors are like apples and oranges which are not always susceptible of comparison simply because they both qualify as fruit.

Smith v. Cajun Insulation, Inc.

392 So. 2d 398 · Supreme Court of Louisiana · Dec 15, 1980

It is well established that statutes are to be construed in such a manner as to effectuate their purpose. J. M. Brown Construction Co., Inc. v. … C.C. art. 3071 and qualify as a judgment having the authority of the thing adjudged, La.C.C. art. 3078, thereby sufficing as grounds for the peremptory plea of res judicata. Bielkiewicz v.

Billy Joe Harrington, in His Official Capacity as District Attorney for the 10th Judicial Court, Natchitoches, Louisiana v. Mozella Jeanetter Bell

Louisiana Court of Appeal · May 3, 2019

Bell asserts that no statute sets the time for establishing residence. … Based upon our analysis, the date for meeting residency requirements is already established as one year prior to qualifying to run for office, pursuant to La.R.S. 33:384, which comports with the requirements in the Election

Buras v. Orleans Parish Democratic Executive Committee

248 La. 203 · Supreme Court of Louisiana · Jul 28, 1965

Section 22, of the Louisiana Constitution of 1921; paragraph 6 of this section provides: “The Legislature is hereby prohibited, subsequent to the Regular Session of 1950, from amending, modifying or repealing the herein established … Gatlin, 241 La. 321 , 129 So.2d 4 ), and that it is the duty of the Court to uphold a statute unless it clearly violates the organic law, any doubt being resolved in favor of the validity of a solemn expression of the legislative

D & O CONTR., INC. v. Terrebonne Parish Sch. Bd.

545 So. 2d 588 · Louisiana Court of Appeal · May 16, 1989

Factual findings of a trial court will not be disturbed unless clearly wrong or manifestly erroneous. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). … surface will qualify for their warranty-guarantee.

Babin v. Caddo East Estates I, Ltd.

496 B.R. 804 · District Court, E.D. Louisiana · Aug 9, 2013

If Congress had intended this result — a significant curtailment of traditional remedies commonly available — it would have spoken more clearly. The Trustee’s claim is not preempted. II. … Loss distribution and financial protection rules involve issues like immunity from suit, whether liability is joint and several, contribution rules, and the like.

Office Center, Inc. v. Tanenbaum

225 So. 2d 740 · Louisiana Court of Appeal · Jul 31, 1969

During the course of the trial the defendants attempted to introduce parole testimony to establish that the motivating consideration for the agreement was the fact that the property formed the corner of Sandford Street and … It clearly described the property as lots 12, 13, and 14, of Square No. 31, Unit #2, Section A, Pontchartrain Garden Subdivision.

Dufrene v. Gautreau Family, LLC

980 So. 2d 68 · Louisiana Court of Appeal · Feb 22, 2008

At the trial, Bhola Dhume, an architect, who was employed by the City of New Orleans as Deputy Director of Department of Public Safety and Permits was qualified *74 as an expert in building codes and designs. … clearly wrong.

Segura v. Frank

630 So. 2d 714 · Supreme Court of Louisiana · Jan 14, 1994

Under the amended definition, the insured of an insolvent insurer is immune to subrogation claims asserted by a claimant's UM insurer to the extent of the applicable policy limits previously provided by the insolvent insurer … In the present cases, we note the legislature addressed this concern in Act 105 of 1990 by amending the definition of a "covered claim" in La.R.S. 22:1379(3) to immunize policyholders of insolvent insurers against subrogation

Succession of Henry

287 So. 2d 214 · Louisiana Court of Appeal · Nov 30, 1973

This is correct, but clearly not the situation when one comes in alleging they are entitled to the marital portion. This marital-fourth is not a bequest. … Townsend is in that he was not qualified as an expert, nor is there any designation as to his occupation or profession.

West v. Bruner Health Group, Inc.

3 La.App. 3 Cir. 152 · Louisiana Court of Appeal · Oct 29, 2003

West traveled to Oklahoma, attended J.A.B. training classes and qualified as a J.A.B. sales agent. While in Oklahoma, she met the Bruners. On December 1, 1997, J.A.B. retained Mrs. … Clearly, the evidence was sufficient to establish with reasonable certainty the J.A.B. profits from the sale of the wheelchairs and therefore was sufficient to establish the appropriate commissions.

State v. Morgan

2002 La.App. 4 Cir. 1489 · Louisiana Court of Appeal · Mar 12, 2003

The question here is whether this decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. … It is patent that the state court’s determination of this issue was not contrary to clearly established Supreme Court law, but in fact follows it. Thus, plaintiffs claim of cruel and unusual punishment fails.

Purvis

District Court, W.D. Louisiana · May 7, 2026

dismissal of the complaint, or any portion thereof, if the Court finds it is frivolous or malicious, if it fails to state a claim on which relief may be granted, or if it seeks monetary relief against a defendant who is immune … A plaintiff must establish that a prison official “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard for

State v. Morehead

870 So. 2d 428 · Louisiana Court of Appeal · Apr 2, 2004

The state clearly established that the gun in question was the murder weapon. The salient portions of Clarissa's testimony was borne out by other evidence, particularly as to motive and time frame. … The trial court found the state had clearly established that the murder *441 had occurred in Ouachita Parish, and denied the defendant's motion.

State v. Green

52 So. 3d 253 · Louisiana Court of Appeal · Nov 17, 2010

The victim, J.D., was leaning on the front of the patrol car. 2 Kessler interviewed the victim whom he described as clearly distraught. He observed that she had lacerations and bruises to her face, head, and back. … Mollie Bride, a DNA forensic Scientist at the Louisiana State Police Crime Lab, was qualified as an expert in the field of Forensic DNA analysis. Ms.

Averna v. INDUSTRIAL FABRICATION AND MARINE SERVICE

562 So. 2d 1157 · Louisiana Court of Appeal · May 31, 1990

First, it argues that the trial court admitted summaries of deposition testimony when Averna had not qualified under the statutory exceptions requiring the original depositions. LSA-C.E. articles 1002 and 1004. … For an appellate court to disturb a general damage award by a trial court, the record must clearly reveal an abuse of discretion by the trier of fact in making the award. Coco v.

Bossier Elec. v. Cubley

821 So. 2d 685 · Louisiana Court of Appeal · Jun 14, 2002

A work injury subsequent to a known permanent partial disability qualifies an employer to seek reimbursement for worker's compensation benefits from a statutorily designated second injury fund under certain circumstances. … Thus, BEC failed to establish that it was prejudiced on the basis that the excluded medical information either directly related to the injury that is the subject of the claim or affected BEC's ability to recover from the

Broussard v. Dillard Department Stores, Inc.

16 La.App. 3 Cir. 134 · Louisiana Court of Appeal · Feb 15, 2017

Defendants also make the alternative argument that they have technically complied with the provisions of La.R.S. 23:1161.1(A) because, in addition to having a qualified claims adjuster in Tennessee, they also have a claims … Therefore, as clearly set forth in the statute, the definitions found in La.R.S. 23:1176 do not apply to terms found in La.R.S. 23:1161.1.

Core v. Winn-Dixie of Louisiana, Inc.

471 So. 2d 240 · Louisiana Court of Appeal · May 29, 1985

After reviewing the proffered evidence, we find it insufficient to establish that plaintiff had recovered from his injuries *246 prior to trial. … He had previously qualified as an expert in the field of professional economics.

Darlene Ward Pellecer, Individually and as the Administrator of the Estate of Carlos F. Pellecer, and Cynthia Pellecer Keppler, Linda Pellecer Seward, and Bonnie Pellecer Perez v. Werner Co., a Corporation of Delaware

Louisiana Court of Appeal · Oct 16, 2024

Pellecer purchased the ladder, and from what source, was never established. Mr. … Ricks was qualified as an expert in marketing and branding. His opinion, that the Werner Defendants held themselves out as the manufacturers of Mr.