district court committed legal error in Louisiana

2009Ourso v. Wal-Mart Stores, Inc., XXXX-XXXX (La.App. 1st Cir.11/14/08), 998 So.2d 295, 298 , writ denied, 2008-2885 (La.2/6/09), 999 So.2d 785 .

2009Ourso v. Wal-Mart Stores, Inc., 2008-0780 (La.App. 1st Cir.11/14/08), 998 So.2d 295, 298 , writ denied, 2008-2885 (La.2/6/09), 999 So.2d 785 .

2009Ourso v. Wal-Mart Stores, Inc., XXXX-XXXX (La.App. 1st Cir.11/14/08), 998 So.2d 295, 298 , writ denied, 2008-2885 (La.2/6/09), 999 So.2d 785 .

2009Ourso v. Wal-Mart Stores, Inc., 2008-0780 (La.App. 1st Cir.11/14/08), 998 So.2d 295, 298 , writ denied, 2008-2885 (La.2/6/09), 999 So.2d 785 .

2023Relying on Burton v. Foret, 498 So.2d 706 (La.1986), UCC maintains that because the Stauders’ claim against UCC does not arise out of a “single tortious occurrence” with the six original defendants it should not have to pay judicial interest dating back to the filing of the Stauders’ original petition.

2022Accordingly, it remanded the case for a “full trial on all issues[.]” Alfred Conhagen, Inc. of Louisiana, 2018-0414, p. 8, 262 So.3d at 311 . for a full trial on all issues to include only the issue of Nelson’s negligence; 2) the District Court committed legal error when it held Ruhrpumpen liable to Conhagen for its alleged damages based on an expired budget quote; 3) the District Court committed manifest error in holding Ruhrpumpen liable for detrimental reliance; 4) the District Court committed manifest error in holding that Ruhrpumpen was liable for negligence; 5) the District Court committ

2017HARMLESS ERROR ANALYSIS This Court has explained harmless error as follows: An error is harmless when the verdict is “surely unattributable to the error.” State v. Williams, 05-318, p. 4 (La.App. 5 Cir. 1/17/06), 921 So.2d 1033, 1036 .

2016Const. Co., 245 So.2d 414 (La.App. 2nd Cir. 1971), which the district court found inapplicable to pierce the corporate veil of the ARC as to hnMr.

2016In its appeal, Durr identifies two assignments of error/issues for review: (1) whether the district court erred in | concluding that a requirement stated in the bidding documents was waivable; and (2) whether under the Public Bid Law, the City has any discretion to waive a stated requirement for “good reason.” DISCUSSION When a petitioner seeks to enjoin conduct in direct violation of a prohibitory law, it must demonstrate the following: “first, that the conduct violates a prohibitory law (ordinance or statute) or the constitution; second, that the injunction seeks to restrain conduct, not ord

2012The district court committed legal error by finding negligence on the part of the Appellants based on circumstan tial evidence alone even though Mr. Richard’s injury was of a kind which can occur in the absence of negligence in contradiction to the Supreme Court’s holding in Cangolosi [Cangelosi ] v. Our Lady of the Lake Regional Medical Center, 564 So.2d 654 (La.1989); 8.

2012The district court committed legal error by finding negligence on the part of the Appellants based on circumstan tial evidence alone even though Mr. Richard’s injury was of a kind which can occur in the absence of negligence in contradiction to the Supreme Court’s holding in Cangolosi [Cangelosi ] v. Our Lady of the Lake Regional Medical Center, 564 So.2d 654 (La.1989); 8.

2011Taking the fourth assignment of error first, i.e. that plaintiffs’ claims for long-term occupational hearing loss are barred by the exclusivity provision of the Louisiana Worker’s Compensation Act (“LWCA”), we note that this Court addressed this same issue in its recent decision of Becker v. Murphy Oil Corp., 2010-1519 (La.App. 4 Cir. 6/2/11) , 70 So.3d 885 .

2011Taking the fourth assignment of error first, i.e. that plaintiffs’ claims for long-term occupational hearing loss are barred by the exclusivity provision of the Louisiana Worker’s Compensation Act (“LWCA”), we note that this Court addressed this same issue in its recent decision of Becker v. Murphy Oil Corp., 2010-1519 (La.App. 4 Cir. 6/2/11) , 70 So.3d 885 .

2008Overton v. Shell Oil Co., 05-1001, p. 8 (La.App. 4 Cir. 7/19/06), 937 So.2d 404, 410 .

2005It is apparent the lower courts relied heavily on this court's opinion in Dixon v. Hughes, 587 So.2d 679 (La.1991), in ruling in favor of the candidate.

2004This Court dealt with insurance policies and policy exclusions in Michelet v. Scheuring Security Services, Inc., 95-2196 (La.App. 4 Cir. 9/4/96) , 680 So.2d 140 , 147 and stated, in pertinent part, as follows: An insurance policy is a contract between parties and should be construed according to contract principles.

2003Wallmuth v. Rapides Parish School Bd., 01-1779, p. 7 n. 2 (La.4/3/02), 813 So.2d 341 , 345 n. 2 ("Where the trial court commits legal error by applying an incorrect legal standard, this court is required to determine the facts de novo from the entire record and render a decision on the merits.").