Case law

Central La. Elec. Co. v. La. Public Service

373 So. 2d 123 · Supreme Court of Louisiana · Oct 18, 1979

Clearly, as mentioned above, the Commission has the power to disallow any unreasonable or unjust operating expense paid by a parent utility in fixing rates. La.R.S. 45:1176. … However, all of the cases cited by the Commission involve telephone companies and are clearly distinguishable.

Shaheen v. Khan

13 La.App. 5 Cir. 998 · Louisiana Court of Appeal · May 21, 2014

the trial court; and 2) The appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). … The appellee first objects to the admission of the translation of the marriage contract as inadmissible hearsay, as the expert/translator provided only an attached affidavit and did not qualify as required under La.

Mejia v. Lafayette Consolidated Government

District Court, W.D. Louisiana · Oct 3, 2024

Kelly also asserts qualified immunity “[t]o the extent Plaintiffs intended to also assert § 1983 claims against [Kelly] in his individual capacity;” (Id. at p. 3) however, as Kelly is named only in his official capacity … , the Court need not address the issue of qualified immunity.

State v. George

855 So. 2d 861 · Louisiana Court of Appeal · Sep 24, 2003

Aggravated kidnaping is the doing of any of the following acts with the intent thereby to force the victim, or some other person, to give up anything of apparent present or prospective value, or to grant any advantage or immunity … Clearly these events constituted one continuing transaction.

Olds v. Ashley

250 La. 935 · Supreme Court of Louisiana · Jun 5, 1967

Tucker, a qualified surgeon practicing in Shreveport. … that the trial judge clearly abused the discretion vested in him by granting her the nominal sum of $250 as compensatory damages for her injuries.

Inzinna v. Guitreau

272 So. 3d 582 · Louisiana Court of Appeal · Feb 22, 2019

Guitreau was acting with reckless disregard for the safety of others and thus not entitled to immunity under La. R.S. 32:24. … Second, this court must determine that the record establishes that the finding is clearly wrong (manifestly erroneous). Id. This test requires this court to review the record in its entirety to determine manifest error.

Rebouche v. Anderson

505 So. 2d 808 · Louisiana Court of Appeal · Apr 1, 1987

The trial court found that she did not and that finding is entitled to great weight and is not to be overturned unless shown to be clearly wrong. … Finally, the court reasoned that if litigants were afforded an adequate supply of highly qualified polygraph experts, extensive procedural safeguards should be established, either by court rule or legislation, before the

Whitney National Bank in Jefferson Parish v. James

189 So. 2d 430 · Louisiana Court of Appeal · Nov 7, 1966

Appellant, Whitney-Holding, is a Louisiana business corporation which owns all the stock in Whitney-New Orleans, excepting director's qualifying shares. … with the approval of the Comptroller of the Currency, establish and operate new branches: (1) Within the limits of the city, town or village in which said association is situated, if such establishment and operation are

U.S. Equal Employment Opportunity Commission v. Council for the Advancement of Social Services and Education d/b/a CASSE Community Health Institute

District Court, W.D. Louisiana · Jan 5, 2026

Chumley’s comment, the third element of the retaliation claim is clearly met. Therefore, the EEOC has established a prima facie case for the retaliation claim. … Therefore, the EEOC has established that Johnson was qualified.

The Munaires

12 F. Supp. 913 · District Court, E.D. Louisiana · Dec 12, 1935

From the language of the exemption in the bill of lading above quoted the shipowner is clearly not liable for any fire occurring without the owner's personal design or neglect, and consequently fully relieves the respondents … In a case such as this where the fire starts on a pier and is communicated to cargo on a ship, the Fire Statute is applicable and, accordingly, the respondents are entitled to complete immunity. Providence & N. Y. S. S.

State v. Johnson

957 So. 2d 833 · Louisiana Court of Appeal · Apr 11, 2007

In Batson , the Court established a three part inquiry for the courts to make in determining whether the prosecution engaged in purposeful discrimination in the exercise of its peremptory challenges in jury selection. … A reviewing court owes great deference to the trial judge's evaluations of discriminatory intent and should not reverse them unless they are clearly erroneous. State v.

Estate of Rice v. Deville

240 So. 2d 379 · Louisiana Court of Appeal · Nov 2, 1970

Rice died, but before plaintiff was formally appointed and qualified as executrix of her estate. … This article accomplishes this result, and the language employed is emphatic enough to indicate clearly the legislative intent to overrule all cases to the contrary.” In Simpson v.

Magee v. Coats

598 So. 2d 531 · Louisiana Court of Appeal · Apr 10, 1992

He was qualified as an expert in accident investigation and accident reconstruction. … Plaintiffs assert that this finding is inconsistent with the jury's finding that Coats was at fault, because once it was established that he was speeding, the role of speeding in causation was also established; causation,

Leitz v. Rosenthal

166 So. 651 · Louisiana Court of Appeal · Mar 23, 1936

The speed limit as established by the municipal ordinance was 30 miles per hour. According to the testimony of Dr. … A number of witnesses were presented by defendant; four in all qualified as expert automobile mechanics, each of whom testified that there was little or nothing that one could do to control the movement of an automobile which

Bullock v. Pizza Hut, Inc.

429 F. Supp. 424 · District Court, M.D. Louisiana · Mar 30, 1977

Oral reasons were assigned at that time, and we here reiterate that although we felt that plaintiff established a prima facie case, it was not established by a preponderance of the evidence that plaintiff’s firing was based … This is clearly an inappropriate factor under the law. Brennan v. Prince William Hospital Corp., 503 F.2d 282 (4th Cir. 1974); Hodgson v. Brookhaven General Hospital, 436 F.2d 719 (5th Cir. 1970).

Industrial Companies, Inc. v. Durbin

837 So. 2d 1207 · Supreme Court of Louisiana · Jan 28, 2003

Proc. art. 641 establishes two sets of circumstance under which a third-party may be considered a party needed for just adjudication. … Moreover, the Connells clearly do not qualify as a party needed for just adjudication under La.Code of Civ.

Parfait v. Transocean Offshore, Inc.

992 So. 2d 465 · Louisiana Court of Appeal · Aug 10, 2007

The factfinder's factual determinations may not be disturbed on appeal unless they are clearly wrong. … clearly wrong or manifestly erroneous.

Inzinna v. Guitreau

272 So. 3d 582 · Louisiana Court of Appeal · Feb 22, 2019

Guitreau was acting with reckless disregard for the safety of others and thus not entitled to immunity under La. R.S. 32:24. … Second, this court must determine that the record establishes that the finding is clearly wrong (manifestly erroneous). Id. This test requires this court to review the record in its entirety to determine manifest error.

State v. Manning

885 So. 2d 1044 · Supreme Court of Louisiana · Oct 19, 2004

The trial court erred when it qualified a State witness with limited experience as an expert in blood spatter analysis. … Paul Ware, who qualified without objection as an expert in forensic psychiatry.

State v. Lewis

125 So. 3d 482 · Louisiana Court of Appeal · Sep 25, 2013

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by the evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … Where the record clearly shows an adequate factual basis for the sentence | ^imposed, remand is unnecessary even where there has not been full compliance with La. C. Cr. P. art. 894.1. State v.