Case law

Stewart v. Rheem Manufacturing Co.

926 So. 2d 90 · Louisiana Court of Appeal · Mar 29, 2006

. |⅞2) The trial court erred in finding that the leaking capacitor at issue qualified as “totally enclosed” under the TSCA regulations. … While the legislature attempted to avoid an excessively onerous financial burden on those who previously manufactured these chemicals, it clearly sought the elimination of the risk of PCB exposure.

Carlin Communications, Inc. v. South Cent. Bell Telephone Co.

461 So. 2d 1208 · Louisiana Court of Appeal · Dec 14, 1984

STATE ACTION Because private conduct is immune from the restrictions of the 14th Amendment, this court must first find "state action" before it may address Carlin's constitutional complaints. … The SCB Dial-It Service is clearly a local service, operating within the 504 area code, although long distance calls are not precluded.

State v. Gray

351 So. 2d 448 · Supreme Court of Louisiana · Oct 10, 1977

The assignment clearly does not reflect reversible error, if it reflects error at all. … No error is shown in the permitting of a qualified expert to testify as to the conclusions he reached through personal examination. The assignment is without merit.

Pesnell v. Sessions

274 So. 3d 697 · Louisiana Court of Appeal · May 22, 2019

XII, § 3, clearly authorizes the legislature to establish laws that provide exceptions to the right to observe the deliberations of public bodies and examine public documents. La. … Unless the fundamental rights, privileges and immunities of a person are involved, there is a strong presumption that the legislature in adopting a statute has acted within its constitutional powers.

Barriere Constr. Co. v. Parish of Tangipahoa

259 So. 3d 458 · Louisiana Court of Appeal · Sep 24, 2018

Once the public entity establishes a requirement, that requirement must be uniformly followed by all bidders. Subsections (C) and (D) of LSA-R.S. 38:2214 provide: C. … Such errors must be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the bid sought to be withdrawn.

City of New Orleans v. Scramuzza

507 So. 2d 215 · Supreme Court of Louisiana · May 18, 1987

Clearly we believe it must be so classified. Income tax, as demonstrated, may be understood both technically and in more general terms. … Chehardy, supra. [5] Evidence in this record establishes the income of a vast majority of the people in this state consist only of wages, salaries, and commissions.

Richardson v. Kansas City Southern Railway Co.

731 So. 2d 1017 · Louisiana Court of Appeal · Apr 1, 1999

Further, the record clearly documents where and when |nthe number was used. … a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified

In re Dauterive

251 So. 3d 1204 · Louisiana Court of Appeal · Jul 18, 2018

Thus, the electronic withdrawal of "funds" qualified as a corporeal movable. … Ricks, both of whom were intimately acquainted with the facts and offered unique insights into the family relationships, was clearly more credible than that of Mrs. Vairin.

U-Finish Homes, Inc. v. Lanzl

202 So. 2d 339 · Louisiana Court of Appeal · Jun 30, 1967

mean that, where a contractor sues on a building contract and it is shown that the work delivered is defective or unfinished, the contractor is, nonetheless, entitled to recover the contract price if the defendant fails to establish … Lobdell, a well qualified architect, appraiser and building contractor, whose testimony was fully corroborated by that of Mr. James H. Heap, a contractor in the 'Covington area.

Williams v. Trinity Med. Mgmt., L.L.C.

331 F. Supp. 3d 557 · District Court, E.D. Louisiana · Jul 18, 2018

Specifically, Hyperion contends that the phrase, "any and all claims," clearly and unequivocally encompasses claims for contractual indemnity. … Simply because Plaintiff chose not to admit to the existence of the parallel litigation does not entitle him to immunity from the agreements he entered.

Shuff v. Liberty Mutual Insurance Company

134 So. 2d 707 · Louisiana Court of Appeal · Nov 6, 1961

Schneider, a highly qualified orthopedic specialist, who examined the plaintiff on March 28, 1960. Dr. … Following the formula established by our Supreme Court in Carrington v.

State v. Duplissey

550 So. 2d 590 · Supreme Court of Louisiana · Oct 23, 1989

As to the improper conduct by the bailiff, the court noted that the record clearly established defendant knew of the bailiff's conversation before the verdict was rendered, but failed to object or move for a mistrial. … This court held that the improper communication was clearly prejudicial to the defendant and presumptively influential on the verdict. In State v.

Plummer v. Marriott Corp.

654 So. 2d 843 · Louisiana Court of Appeal · Apr 26, 1995

This well established principle was again explained and reiterated by our Supreme Court in the recent case of Ferrell v. … Where there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. * * * In applying the manifestly erroneous—clearly wrongstandard to the findings

Southern Snow Manufacturing Co. v. Snowizard Holdings, Inc.

921 F. Supp. 2d 548 · District Court, E.D. Louisiana · Jan 31, 2013

(holding “an insurer’s duty to defend exists until the insurer can establish by undisputed facts that the insured's conduct is not covered.”); West v. … The Advisory Committee Notes of 1946 state that "[t]he addition of the qualifying word 'final' emphasizes the character of judgement, orders or proceedings from which Rule 60(b) affords relief; and hence interlocutory judgments

Santos v. Sacks

697 F. Supp. 275 · District Court, E.D. Louisiana · Sep 30, 1988

Rose’s only recognized that the requisite minimum contacts to sustain “general jur *282 isdiction” 8 are established where a foreign corporation is qualified under Florida law to transact business in Florida and has appointed … Plaintiffs do not allege that John Massicot guaranteed a specific result and, clearly, he performed work on the case. Therefore, plaintiffs’ complaint fails to state a claim in contract against the Massicot defendants.

Castellanos-Contreras v. Decatur Hotels, L.L.C.

488 F. Supp. 2d 565 · District Court, E.D. Louisiana · May 16, 2007

As a part of the application for obtaining certification to bring H-2B guestworkers to New Orleans, the Defendants certified to the U.S. government that qualified persons in the United States were not available to fill the … The FLSA Applies to H-2B Guestworkers While the historical development and fragmentation of the H-2 program clearly demonstrates Congress’s special concern for agricultural laborers, it does not suggest that nonagricultural

United Gas Pipe Line Company v. Landry

228 So. 2d 565 · Louisiana Court of Appeal · Nov 17, 1969

As stated before, however, the Court is clearly convinced that the taking here is clearly and without doubt for a public purpose and hence will be allowed. * * * "In support of their contention that the proposed line is not … We are also satisfied that the record establishes the required public purpose and public necessity and that the trial court was correct in its conclusions. Defendants cite United Gas Pipe Line Company v.

Brown v. Pelican State Mutual Insurance Co.

93 La.App. 1 Cir. 0340 · Louisiana Court of Appeal · Nov 10, 1994

Section 904(B) directs the Commissioner to establish rules and regulations “for the implementation and administration” of the filing requirement, giving “due consideration of the establishment of a proper phase-in period. … Although the trial court found that Pelican was insolvent, the evidence clearly supports the conclusion that Pelican’s continued business would have been hazardous to its policyholders or its creditors or the public.

United States v. Bradford

148 F. 413 · District Court, E.D. Louisiana · Dec 23, 1905

Even if it were true that to sustain the indictment in this case it was requisite to show that the carrying out of the conspiracy was to cause pecuniary loss, to the United States, I am satisfied the proof established that … But, conceding, arguendo, what is clearly untrue, viz., that a collateral attack was permitted in this cause, what then ?

Trotter v. Ruff

District Court, W.D. Louisiana · Jul 9, 2025

Courts are also afforded the unusual power to pierce the veil of the factual allegations and dismiss those claims whose factual contentions are clearly baseless. … Here, Shreveport Police Department does not qualify as a juridical person. See Cozzo v.