Case law

Young v. JINDAL

2010 La.App. 3 Cir. 283 · Louisiana Court of Appeal · Mar 9, 2010

[A] court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong,” and where there is a conflict in the testimony, reasonable evaluations … Young points to testimony from expert surveyor Stephen Gremillion and City Clerk Mary Pringle establishing that the addresses of these individuals lie outside the boundaries of the Village of Forest Hill.

State of Louisiana v. Jonathon Tyrone Cooper

Louisiana Court of Appeal · Dec 17, 2025

Counsel argued that the defendant had no pretrial notice that the State intended to qualify Ms. Hadley as an expert. However, the trial court ultimately qualified Ms. … The record also clearly reflects that the State requested Ms. Hadley be tendered and accepted as an expert in the field of forensic interviewing. Given Ms.

Thomas v. Drew

240 So. 3d 980 · Louisiana Court of Appeal · Mar 7, 2018

Gros is qualified to offer an opinion as to whether Dr. Drew breached the standard of care regarding Mr. Thomas's post-operative care, we find that Dr. Gros's affidavit is insufficient to establish that Dr. … However, the record in this case clearly shows during the relevant period noted by Plaintiff's expert, the doctor mainly in charge of administering and supervising Thomas' recovery from the drugs listed by Plaintiff's expert

Sibley v. BD. OF SUP'RS OF LA. ST. UNIV., ETC.

446 So. 2d 760 · Louisiana Court of Appeal · May 25, 1984

This language clearly reflects the legislature's intention to provide broad coverage of the statute. … The attorney general shall establish a fee schedule providing for payment of attorneys under contract on an hourly fee basis.

McCrary v. Police Jury of Caddo Parish

66 So. 2d 416 · Louisiana Court of Appeal · May 29, 1953

We are, therefore, of the opinion that this contention of appellants does not establish substantially non-compliance with the local option statute. … The certificates of the Registrar of Voters and the proces verbal of the Police Jury containing the results of the election clearly indicate a large percentage of the total electorate cast their ballots in the election, and

Succession of Fuller

480 So. 2d 754 · Louisiana Court of Appeal · Dec 4, 1985

Baggette was not qualified under the provisions of LSA-C.C.P. 3097. A hearing was held on September 25, 1984. … Not only is this required by law, it is clearly the custom in this state. See for example Form No. 816a, Form No. 816b, Vol. 11, C.C.P. Pleadings and Judicial Forms, page 116, et seq., and footnotes thereto.

Simmons v. State

255 So. 3d 701 · Louisiana Court of Appeal · Aug 29, 2018

Further, the Coroner alleges that it is immune from the Simmons' suit. La. … The Coroner's office qualifies as a cemetery authority pursuant to La. R.S. 8:1(8).

Rhine v. BAYOU PIPE COATING

11 La.App. 3 Cir. 724 · Louisiana Court of Appeal · Nov 2, 2011

And I’m not saying that, if he only establishes probability, he meets the criteria. … And I find that he’s qualified.

Estate of Thomas v. STATE, DOTD

604 So. 2d 617 · Louisiana Court of Appeal · Jun 24, 1992

Under the circumstances of this case, this factual determination is neither manifestly erroneous nor clearly wrong. … Finding causation-in-fact, however, does not establish liability.

In re S.D.

250 So. 3d 1097 · Louisiana Court of Appeal · May 23, 2018

It is not enough for a person challenging a statute to show that its constitutionality is fairly debatable; it must be shown clearly and convincingly that it was the constitutional aim to deny the legislature the power to … The court concluded that the law's disparate treatment may not be perfect or immune from criticism as a policy matter, but it is not unconstitutional.

Bankston v. LSU HEALTH SCIENCES CENTER

8 La.App. 3 Cir. 1334 · Louisiana Court of Appeal · Apr 1, 2009

We evaluate the contractual language in the agreement between UMC and LCOA to determine if UMC qualifies as a statutory employer. … Insofar as UMC provided the work space, this factor gives strength to the defendant’s assertion that the plaintiff qualified as a borrowed employee.

La Workers'comp. Corp. v. Genie Indus.

801 So. 2d 1161 · Louisiana Court of Appeal · Nov 7, 2001

The first factor—selection and engagement, is clearly satisfied in this case. Pace hired Mr. Gibbs, which is why he was at the party venue hanging electrical cables when he was injured. … remedies, and claims for damages, including but not limited to punitive or exemplary damages, unless such rights, remedies, and damages are created by a statute, whether now existing or created in the future, expressly establishing

Alpha Alpha, Inc. v. Southland Aviation

697 So. 2d 1364 · Louisiana Court of Appeal · Jul 9, 1997

Clearly, Southland Field was operating for profit. … Since there was no choice involved, the exception does not apply and there is no immunity. As suggested in Fowler v.

Williams v. Lallie Kemp Charity Hosp.

428 So. 2d 1000 · Louisiana Court of Appeal · Feb 22, 1983

Williams and established the date for expected delivery to be February 20, 1979. … The attorney general shall establish a fee schedule providing for payment of attorneys under contract on an hourly fee basis, except for the claims designated in Subsection F.

Sandra Thomas v. Kevin Griffin-Clark and the Honorable Darren P. Lombard

Louisiana Court of Appeal · Jul 25, 2025

Griffin-Clark qualified for the office of New Orleans City Council, District D, by filing a State of Louisiana – Notice of Candidacy Qualifying Form (“Notice”) with the Clerk of Court for Orleans Parish Criminal … “The party on which the burden of proof rests must establish a prima facie case.” Id., 2024-01005, p. 4, 390 So. 3d at 1285.

Baker v. Harrah's

190 So. 3d 379 · Louisiana Court of Appeal · Mar 9, 2016

The OWC declined;to qualify Roberts-as an expert. … erroneous or clearly wrong.

RHODES STEEL BLDGS. v. Walker Const. Co.

813 So. 2d 1171 · Louisiana Court of Appeal · Apr 3, 2002

Rhodes qualified as a proper witness and that his testimony was adequate to establish a business records foundation for the introduction of the excluded evidence. In concluding otherwise, the trial court erred. … Such a denial qualifies as a deprivation of substantial rights.

Dodd v. Schell

207 So. 2d 807 · Louisiana Court of Appeal · Mar 4, 1968

The plaintiff’s petition clearly indicates that the agreement to do the plumbing work was a verbal contract for $3,009. … From the time plaintiff’s attorney of record was elevated to the District Court bench, there was no attorney of record qualified to enter a preliminary default.

Vanna Darlene McManus, Etc. v. State of La., Dept. of Wildlife and Fisheries

Louisiana Court of Appeal · Mar 10, 2010

Miller, 04-1199 (La.App. 3 Cir. 4/27/05), 900 So.2d 1135], and qualified immunity such as that conferred upon government officials performing discretionary functions [see Jackson v. State ex rel. … The statutes at issue provide “qualified” immunity not “absolute” immunity— thus, whether or not the State was immune from suit called for the trier of fact to make a factual determination: whether, under the facts of

Jackson v. State Farm Mutual Automobile Ins. Co.

235 So. 2d 621 · Louisiana Court of Appeal · Apr 28, 1970

By qualifying or limiting its coverage as hereinabove indicated, Southern Farm has merely protected itself against the eventuality of double recovery by an insured. … That it is qualified or restricted in the manner shown violates neither the letter nor spirit of the controlling legislation.