Case law

Succession of Orlando

442 So. 2d 501 · Louisiana Court of Appeal · Nov 9, 1983

We note that it is well established law, an executor who qualifies under the provisions of La.C.C.P. Article 3097 cannot be removed from office except for one of the reasons stated in La.C.C.P. … The parent donors declared and acknowledged the existence ■ of the daughter, Antoinette, and stated “the properties herein donated by them is only a portion of the properties owned by them Clearly the donors’ intention was

State v. Knowles

917 So. 2d 1262 · Louisiana Court of Appeal · Dec 30, 2005

The court held a hearing on the motion on July 25, 2005 establishing the facts as we set out above. … After reviewing the record, we conclude that the initial stop by Agent Clinton was not authorized under the regulatory scheme in Louisiana governing WMAs to make the stop, nor did the stop qualify as a road-block or an investigatory

State v. Berryhill

562 So. 2d 1105 · Louisiana Court of Appeal · May 31, 1990

With exception provided in Art. 405(B), character may not be established by proof of specific instances. … The admission of her testimony was clearly erroneous. The identification of the defendant as the perpetrator of the crime in this case was based solely upon the testimony of Darlene Belton.

Turner v. Murphy Oil USA, Inc.

472 F. Supp. 2d 830 · District Court, E.D. Louisiana · Feb 28, 2007

from direct liability under the doctrine of sovereign immunity. … sovereign immunity); Block v.

Danny Kelly v. State Farm Fire & Casualty Company

169 So. 3d 328 · Supreme Court of Louisiana · May 5, 2015

“The first sentence of Subsection A of the statute recognizes the jurisprudentially established duty of good faith and fair dealing owed to the insured, which is an outgrowth of the contractual and fiduciary relationship … R.S. 1:9 instructs that we may only reach that conclusion 24 if “clearly indicated by the context.”

State v. Lam

837 So. 2d 749 · Louisiana Court of Appeal · Feb 11, 2003

When this direct evidence is viewed in the light most favorable to the prosecution, the facts established by the direct evidence and inferred from the circumstances established by that evidence were sufficient for a rational … A statute *757 is presumed to be constitutional, and the burden of clearly establishing unconstitutionality rests upon the party who attacks the statute. A statute should be upheld whenever possible.

Lucas-Vicks

District Court, E.D. Louisiana · Jul 16, 2026

Defendant is a private person, and Plaintiff does not set forth any allegations to suggest that Defendant is an official who qualifies as a state actor nor does she include any allegations to establish that Defendant conspired … Even if she had, she fails to allege sufficient facts to establish same.

Foreman v. West Calcasieu-Cameron Hosp.

625 So. 2d 1104 · Louisiana Court of Appeal · Oct 6, 1993

If Kennedy did qualify and was accepted for this position, he would have faced a 40 to 50 mile drive, one way, from his home in Eunice to Lafayette. … Appellant contends that the hearing officer erred in failing to clearly limit legal interest awarded in the judgment.

Louisiana Mun. Ass'n v. State

773 So. 2d 663 · Supreme Court of Louisiana · Oct 6, 2000

A party challenging the constitutionality of a statute must establish that the statute violates a specific constitutional provision. Matter of American Waste & Pollution Control Co., 588 So.2d 367 (La.1991). … Moreover, this result is at odds with the purpose of the amendment which, as clearly shown by its legislative history, was not concerned with local taxes.

McCall v. Corning

3 La. Ann. 409 · Supreme Court of Louisiana · Apr 15, 1848

The rule, in a qualified sense, is true. … Story, in his Treatise on Bills, very clearly intimates his dissatisfaction with the dicta in the East India Company’s case.

United States v. State of La.

718 F. Supp. 525 · District Court, E.D. Louisiana · Aug 4, 1989

Thus, Southern's invocation of the clearly erroneous rule is inapposite. … The Court has endeavored to appoint a qualified Monitoring Committee with geographical and racial diversity. As a Louisiana resident and educator, Dr.

Matt v. Agro Distribution, LLC

904 So. 2d 928 · Louisiana Court of Appeal · Jun 1, 2005

Steven Schutz, an agricultural consultant qualified as an expert, testified that the later tasseling date of 115 day corn allowed time for the ears to more fully develop. … A jury's factual determinations are subject to the manifest error standard of review and will not be reversed unless clearly wrong. See Guillory v. Ins. Co. of North America, 96-1084 (La.4/8/97), 692 So.2d 1029 .

Deleon v. WSIS, INC.

728 So. 2d 1046 · Louisiana Court of Appeal · Feb 26, 1999

The agreement provided: Title to the herein described property must be merchantable or must qualify for title insurance. … Also the parties clearly agreed that specific performance could be demanded for a breach of the contract.

Taylor v. Entergy Corp.

816 So. 2d 933 · Louisiana Court of Appeal · Apr 17, 2002

Kewalramani, an orthopedic rehabilitation physician, was qualified as an expert in orthopedics not specializing in surgery. He testified that he first saw Ms. Taylor on October 6, 1999. … Fitzpatrick, who admittedly did not work at this site, regarding the established company policies for safeguarding such work site holes.

Miller v. Commercial Standard Ins. Co.

199 La. 515 · Supreme Court of Louisiana · Feb 2, 1942

The insurance company has “acquired a qualified residence within *259 the state for the purpose of its business, and became domesticated, at least, for all purposes of jurisdiction and legal procedure”. Pittman Bros. … Clearly, if the words “in the parish where the accident or injury occurred, or in the parish where the assured has his domicile” had been left out of the 1930 act these plaintiffs could have brought their suits in any one

State v. Taylor

850 So. 2d 5 · Louisiana Court of Appeal · Jun 11, 2003

Oliver clearly showed that he would require the defendant to bear the burden of proving that he acted in self-defense. … His statement to the 911 operator clearly was one “relating” to that startling event.

Novick v. Textron, Inc.

375 So. 2d 730 · Louisiana Court of Appeal · Sep 11, 1979

He was director of qualify control for that company and a licensed engineer. … Stevens, 3 particularly in that before the appellate court can disturb the type of award made by the trial court here, the record must “clearly ” reveal that the trier of fact abused its discretion in making the award.

Kennedy-Fagan v. Estate of Graves

2007 La.App. 1 Cir. 1062 · Louisiana Court of Appeal · Jul 21, 2008

all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity … Based on these limited facts, I do not believe that the evidence clearly established that Ms. Graves consented to her own death immediately prior to the murder/suicide.

Terral v. LOUISIANA FARM BUREAU CAS. INS.

892 So. 2d 732 · Louisiana Court of Appeal · Jan 26, 2005

Mangum owned the black dog for purposes of establishing liability. … With one exception, the testimony of the residents of the neighborhood clearly established that a medium-size black dog had taken up residence at the Mangum trailer for approximately the two years preceding the accident and

Radcliffe 10, LLC v. Zip Tube Systems

998 So. 2d 107 · Louisiana Court of Appeal · Aug 29, 2008

Burris is a licensed certified public accountant qualified as an expert in the field of certified public accounting. In conjunction with his testimony, Mr. … Appellate courts have a constitutional duty to review facts and have every right to determine whether the trial court finding was clearly wrong based on the evidence or clearly without evidentiary support.