acceptance doctrine in Louisiana

1949In reaching its conclusion this court reasoned [ 143 La. 164 , 78 So. 434 ] : “There is really no dispute as to the facts, the question being as to whether under the foregoing circumstances the turntable o? attractive appliance doctrine is applicable.

1949P. Railway Co. et al., 143 La. 164 , 78 So. 433 , upon which authority defendant's counsel plainly relies in support of this point, are so clearly at variance with the facts alleged in the instant case as to be irreconcilable and, consequently, inapplicable with respect to the acceptance of the rule of law therein enunciated.

2009In Aguillard, 908 So.2d 1 , the supreme court questioned the issue of consent to a written arbitration agreement by considering whether it was contained on a standard form, whether it was in a smaller font than the remainder of the agreement, and whether the parties were on an equal footing in the acceptance of the clause.

2009In Aguillard, 908 So.2d 1 , the supreme court questioned the issue of consent to a written arbitration agreement by considering whether it was contained on a standard form, whether it was in a smaller font than the remainder of the agreement, and whether the parties were on an equal footing in the acceptance of the clause.

2004In Simoneaux v. Amoco Production Co., 02-1050 (La.App. 1 Cir.2003), 860 So.2d 560 , writ denied, 04-1 (La.3/26/04), 871 So.2d 348 , the defendants argued that, in granting a JNOV, the trial court "ignored the jury's acceptance of the defense witnesses' testimony, improperly substituted [its] own judgment for that of the jury, [made its] own credibility determinations" and increased the damages award from $375,000.00 to $12,000,000.00.

2004In Simoneaux v. Amoco Production Co., 02-1050 (La.App. 1 Cir.2003), 860 So.2d 560 , writ denied, 04-1 (La.3/26/04), 871 So.2d 348 , the defendants argued that, in granting a JNOV, the trial court "ignored the jury's acceptance of the defense witnesses' testimony, improperly substituted [its] own judgment for that of the jury, [made its] own credibility determinations" and increased the damages award from $375,000.00 to $12,000,000.00.

1997Next, the court asked defendant his educational background, whether he could read and write and whether he understood "the nature of this procedure." Defendant replied, "Yes." The appellate court held that: while we strongly encourage and find it clearly preferable for a trial court to inquire into factors bearing on the validity of the waiver of the right to counsel before eliciting a waiver of the right to counsel, the validity of the waiver of the right must be determined on the basis of the entire record and not just factors that may have been brought out by the trial court prior to the co

1968For an excellent discussion of the acceptance of this doctrine by American courts, see the celebrated case of Farrell v. United States, 336 U.S. 511 , 69 S.Ct. 707 , 93 L.Ed. 850 (1949).

1968For an excellent discussion of the acceptance of this doctrine by American courts, see the celebrated case of Farrell v. United States, 336 U.S. 511 , 69 S.Ct. 707 , 93 L.Ed. 850 (1949).

1949The following comment in the Jackson case, supra, [ 143 La. 21 , 78 So. 139 ], clearly evidences a recognition and an acceptance of the doctrine: “The counsel for defendant cites authority to the effect that it is not the duty of an occupier of land to exercise care to make it safe for infant children who come upon it without invitation, and merely by sufferance, which is sound enough doctrine when properly applied, but it has no application to a case where the occupier has taken no steps to inform the public of his occupancy, but, having established something which is at once attractive and d

1949P. Railway Co. et al., 143 La. 164 , 78 So. 433 , upon which authority defendant's counsel plainly relies in support of this point, are so clearly at variance with the facts alleged in the instant case as to be irreconcilable and, consequently, inapplicable with respect to the acceptance of the rule of law therein enunciated.