Case law

Albright v. Southern Trace Country Club

879 So. 2d 121 · Supreme Court of Louisiana · Jul 6, 2004

This same conclusion may be reached through a manifest error-clearly wrong standard of review. … that the finding is clearly wrong (manifestly erroneous).

Kirshner v. Johnson

521 So. 2d 697 · Louisiana Court of Appeal · Feb 23, 1988

The facts indicate that there was a fence around this establishment, the fence had a lock on it. … This evidence established a prima facie case of liability against Johnson.

Opinion Number

Louisiana Attorney General Reports · Sep 26, 2003

Terrebonne Parish Communications District and the Bayou Cane Fire Protection District to provide direct dispatch for fire service response calls accomplishes the objective of providing fire and health protection and would qualify … Thus, Section 9105(1) is, by definition, clearly limited to the receipt of emergency telephone requests for the dispatch of appropriate emergency service units.

National Fire Ins. v. Board of Assessors

121 La. 108 · Supreme Court of Louisiana · Mar 16, 1908

very greatly receded from the advanced position it once occupied on the question of the taxability of credits, and the constantly recurring cases, both in the Supreme Court of the United States and in this court, show very clearly … Ed. 179 , qualified the doctrine of the Barber Asphalt Co.

St. Martin Parish Police Jury v. Iberville Parish Police Jury

212 La. 886 · Supreme Court of Louisiana · Apr 21, 1947

The writer of this opinion has obtained a translation of this French clause into English 'by competent and qualified French scholars, which translation reads as follows: “thence it [the line] shall follow the aforesaid fork … This clearly indicates to us that the majority of the property owners in the disputed area were of the opinion and belief that the property which they owned was situated in the Parish of Iberville.

Martinez v. Schumpert Medical Center

655 So. 2d 649 · Louisiana Court of Appeal · May 10, 1995

Evidence further establishes that, despite the admitted negligence of the hospital in accessing Martinez, there was nothing that could have been done to prevent the stroke or the damage caused. Mr. … This argument by the plaintiff is clearly unfounded.

Tri-South Mortgage Investors v. Forest & Waterway Corp.

354 So. 2d 588 · Louisiana Court of Appeal · Dec 13, 1977

This suffices to preserve the rank of his claim, and render it immune to a plea of prescription predicated upon failure to file a notice of lis pendens.” … Clearly, Drennan obligated himself to furnish all tools and transportation necessary to perform the work.

State v. Richey

13 La.App. 5 Cir. 228 · Louisiana Court of Appeal · Oct 30, 2013

fact was right or wrong, but whether the fact-finder’s conclusion was a reasonable one. 22 Thus, where two permissible views of the evidence exist, the fact-finder’s choice between them cannot be manifestly erroneous or clearly … the value of the stolen property if it is clear and uncontradict-ed. 29 The owner does not need to be qualified as an expert in order to testify as to the value of the thing owned by him. 30 Theft is a crime of specific

State v. Morgan

673 So. 2d 256 · Louisiana Court of Appeal · Apr 17, 1996

The Court recognized sentence review as an established function of the judicial branch, citing State v. … The trial court clearly abused its discretion by sentencing the defendant below the minimum under LSA-R.S. 15:529.1." Hyorth, pg. 4-5, 661 So.2d at 1062. In State v.

Cazalas v. United States Department of Justice

569 F. Supp. 213 · District Court, E.D. Louisiana · Apr 15, 1983

Mentz, Jr., to decide the case based upon the record established during the trial and in pre-trial proceedings. … The Fifth Circuit held that official immunity protected the director from liability for defamation and that the plaintiff had no cause of action for damages under the First Amendment for retaliatory demotion in view of remedies

Breeden v. Valencia, Inc.

557 So. 2d 302 · Louisiana Court of Appeal · Jan 16, 1990

As detailed above, plaintiff failed to establish that the steering mechanism of the ski was unreasonably dangerous and constituted a defect. … After reviewing the record, we cannot say that the trial court was clearly wrong.

Lake Charles Dodge v. LeBlanc

640 So. 2d 358 · Louisiana Court of Appeal · Mar 9, 1994

Appellate courts are not bound by the “manifest error or clearly wrong” rule in reviewing assigned errors of law. … Even a quadriplegic may not qualify if this rigorous test is applied because the employer might argue his ability to see allows employment as a screen reader for a publishing company.

Metoyer v. AMERICAN EAGLE AIRLINES, INC.

806 F. Supp. 2d 911 · District Court, W.D. Louisiana · Apr 18, 2011

His profane, abusive, and disrespectful behavior — even the limited amount he admitted to in his deposition, much less the more extreme conduct Defendant alleges he actually engaged in— was clearly inappropriate, and sufficiently … the communications are protected by this qualified privilege.

Irsch v. Argonaut Great Cent. Ins. Co.

841 So. 2d 831 · Louisiana Court of Appeal · Jan 28, 2003

Joseph Lafranca, a forensic engineer, was qualified as an expert in the field of construction. … A reviewing court may only disturb the lower court's holding upon a finding that the trier of fact was clearly wrong or manifestly erroneous.

Arriaga v. Reliance Ins. Co. of Illinois

564 So. 2d 832 · Louisiana Court of Appeal · Jul 13, 1990

Clearly, the trial court gave great weight to a videotape introduced into evidence which shows plaintiff performing chores and engaging in other physical activities outside his house. … The medical testimony previously reviewed establishes that plaintiff has a partial disability rating of approximately 30% to his left lower extremity.

Opinion Number

Louisiana Attorney General Reports · Aug 2, 2006

The foregoing statutory framework clearly authorizes the LAA to enter into contracts in furtherance of its statutory purposes. … In a definition also adopted herein for general application to this issue without limitation to election campaigns, Godwin ruled that for the expenditure of public funds to qualify for the public information exception to

McFarland v. Brotherhood of Locomotive Firemen & Enginemen

193 La. 337 · Supreme Court of Louisiana · Jun 26, 1939

belonging to it; provided, however, that upon presentation of evidence which clearly indicates that an error has been committed by a subordinate lodge officer, after specific action upon the question has been taken by the … Mayo has not been shown to possess any such authority, but, on the contrary, his testimony and the provision of the Constitution with respect to officers and governing authority of the International appear to me to establish

State v. Kelly

639 So. 2d 888 · Louisiana Court of Appeal · Jul 8, 1994

Deviation from the Guidelines was clearly justified. We determine that the defendant's sentence is not unconstitutionally excessive. This assignment has no merit. … Even where the evidence demonstrates a probability of guilt, yet, if it does not establish it beyond a reasonable doubt, you must acquit the accused.

Reeves v. International Telephone & Telegraph Corp.

357 F. Supp. 295 · District Court, W.D. Louisiana · Apr 27, 1973

These regulations establish certain basic criteria which an employee must meet to be considered exempt under the Act. … Clearly Reeves in no way was a white-collar employee.

Rogers v. Read

355 So. 2d 46 · Louisiana Court of Appeal · Jan 16, 1978

Judgment was rendered declaring the sale lesionary, establishing the market value at the date of sale as $24,000, giving defendant the election of either retaining title by paying the difference between the sale price and … Clearly, plaintiff is entitled to credit for these amounts in the event the defendant elects to return title to the property to plaintiff. The judgment of the district court is affirmed at appellant's cost. Affirmed.