Case law

State v. Rousselle

514 So. 2d 577 · Louisiana Court of Appeal · Oct 7, 1987

Although this evidence is circumstantial, it allows for the reasonable inference that the defendant had to be over the age of seventeen to qualify to hold such a job. … The evidence clearly establishes the other elements of this crime. The victim's mother testified that the victim was thirteen months old at the time of the offense.

State v. Lasseigne

464 So. 2d 1097 · Louisiana Court of Appeal · Mar 6, 1985

The defendant asserts that the psychological studies and expert testimony he offers establish that a death-qualified jury is more likely to convict than a nondeath-qual-ified jury. … Assuming for the sake of argument that defendant’s evidence does establish the conviction prone nature of death qualified jurors, we cannot agree that this denies the defendant his right to an impartial jury.

Funderburg v. Superior Energy Services, Inc.

10 La.App. 5 Cir. 517 · Louisiana Court of Appeal · Dec 29, 2011

Funderburg properly raised this issue in the trial court. 9 Clearly, as noted above, Section 10.2 of the Stock Incentive Plan required Mrs. … The deposition testimony attached to the motions for summary judgment clearly establishes that well before she executed the partition agreement, Mrs.

Deshotels v. State Professional Improvement Committee ex rel. Department of Education

430 So. 2d 1198 · Louisiana Court of Appeal · Apr 5, 1983

The jurisprudence of this state requires that a determination that a party is indispensable be made only after the facts clearly establish that no complete and equitable adjudication of the controversy can be made in his … To implement and administer the program on the local level within the guidelines established by the state committee, local professional improvement committees were established. LSA R.S. 17:3617.

Rowan v. Town of Arnaudville

832 So. 2d 1185 · Louisiana Court of Appeal · Dec 11, 2002

Article 2031 clearly states that relative nullity may only be invoked by "those persons for whose interest the ground for nullity was established." Given this clear language, Mr. … The acceptance of rent has clearly been established by jurisprudence as a ratification of *1191 a lease contract.

Nichols Ford Company, Inc. v. Hughes

292 So. 2d 345 · Louisiana Court of Appeal · Mar 19, 1974

The testimony of plaintiff's president, Nichols, and several employees clearly establishes the roof has leaked at numerous and scattered locations throughout the building on a continuing basis since construction was completed … The evidence clearly establishes the existence of several cracks in the concrete floor in both the service and parts areas, the worst cracking being in the parts area.

Bico Enterprises, Inc. v. Cantrell

413 So. 2d 260 · Louisiana Court of Appeal · Apr 14, 1982

(2) Did the trial court clearly err in qualifying Valmore Byles as an expert witness? (3) Did the trial court err in denying defendant's motion to inspect the premises? … Defendant next contends that the trial court erred in qualifying Valmore Byles as an expert witness in the fields of general, commercial, and industrial construction.

Corley v. Childs Big Chain, Division of Kroeger Co.

146 So. 2d 251 · Louisiana Court of Appeal · Oct 26, 1962

Norris, the orthopedist to whom plaintiff was first referred and who kept her under his care and treatment for a long period of time, clearly establishes the fact that he was unable to ascertain any objective basis or make … any diagnosis which would establish a reason for plaintiff’s complaints over such an extended period of time.

Norwood v. Medina

30 So. 3d 1184 · Louisiana Court of Appeal · Mar 26, 2010

LSA-R.S. 9:2794 sets for the burden of proof imposed upon the plaintiff in establishing his malpractice claim. … Clearly, the plaintiffs failed to establish the requisite causation between the nurses' breach and Ms. Norwood's lost chance of survival. Therefore, I respectfully dissent. NOTES [1] Sidney Norwood, Jr., Glory Mae N.

Deal v. Haney

2014 La.App. 1 Cir. 1232 · Louisiana Court of Appeal · Nov 25, 2014

“Proof which establishes only possibility, speculation, or unsupported probability does not suffice to establish a claim.” Todd v. … imposition of sanctions on appeal, an appellate court must apply two standards of review which are explained as follows: A trial court’s determination regarding the imposition of sanctions is subject to the manifest error or clearly

Bazert v. State, Dept. of Public Safety and Corrections

768 So. 2d 279 · Louisiana Court of Appeal · Sep 22, 2000

The medical evidence in the record establishes only that Bazert took medication in an effort to control his asthma. … Because the evidence clearly established that Bazert was unable to work for an extended period of time at the Falcon 1 dormitory, the department contends that he is not a "qualified individual."

Raj v. Louisiana State University

167 So. 3d 1023 · Louisiana Court of Appeal · Apr 24, 2015

It is a rule of fundamental and substantial justice, of public policy and of private peace, which should be cordially regarded and enforced by the courts to the end that rights once established by the final judgment of a … The Claims Clearly Not Barred Dr. Raj argues that the state district court incorrectly dismissed all of the claims in Raj II.

State of Louisiana v. Antonio Wilson

Louisiana Court of Appeal · Aug 27, 2019

A qualified elector may bring an action objecting to the candidacy of a person who qualified as a candidate in a primary election for an office in which the plaintiff is qualified to vote. La. R.S. 18:1401(A). … that the fact finder is clearly wrong or manifestly erroneous.

Ferrell v. Minden Family Care Center

704 So. 2d 969 · Louisiana Court of Appeal · Dec 19, 1997

[P]laintiffs must establish that Dr. … Blell is not entitled to immunity from suit.

State v. Kirkley

470 So. 2d 1001 · Louisiana Court of Appeal · May 29, 1985

The trial court erred in allowing testimony which attempted to establish foundation for the introduction of physical evidence by use of witnesses who were not properly qualified to collect the samples sought to be introduced … The victim's testimony clearly establishes that she was prevented from resisting the acts because the attacker was armed with a dangerous weapon, to wit, a hunting knife, which the victim described. LSA-R.S. 14:42(3).

Smith v. H & E Tugs LLC

258 So. 3d 159 · Louisiana Court of Appeal · Oct 24, 2018

This figure is only a guideline that allows a court to take the question from the jury when a worker has a clearly inadequate temporal connection to the vessel." Id. at 349 , 115 S.Ct. at 2180 . … To support these arguments, CTEH notes Smith worked only one day aboard the Cristo, falling far below the required thirty percent threshold needed to establish seaman status.

McNabb v. Louisiana Medical Mutual Insurance

2003 La.App. 3 Cir. 0565 · Louisiana Court of Appeal · Nov 5, 2003

This issue was clearly the subject of the LPCF’s suspensive appeal and, thus, inappropriate for consideration by the trial court. … “Some” expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence.

Wattigny v. Lambert

408 So. 2d 1126 · Louisiana Court of Appeal · Sep 11, 1981

The trial court found this *1135 to be so and our review of the record establishes that such a finding is not clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978); Canter v. … Defendants to the defamation action plead the existence of a qualified privilege.

Kenner Plumbing Supply, Inc. v. Rusich Detailing, Inc.

14 La.App. 5 Cir. 922 · Louisiana Court of Appeal · Sep 23, 2015

that the fact finder is clearly wrong or manifestly erroneous. … establishing a lease on their property. .

Claddie Savage v. Prator

886 So. 2d 523 · Louisiana Court of Appeal · Oct 6, 2004

The 1974 constitution creates two classes of home rule governments with different levels of immunity from control by the state legislature: (1) preexisting-home rule municipalities may exercise within their boundaries any … To establish that the conflict actually exists, the litigant must show that the state statute and the ordinance are incompatible and cannot be effectuated in harmony.