Case law

State v. Martin

543 So. 2d 1020 · Louisiana Court of Appeal · Apr 19, 1989

In the present case the three loaded handguns were clearly relevant and material to the issue of intent to distribute. … The record reflects that the State did not qualify Detective Faglie as an expert on direct examination.

Guidry v. Boston Old Colony Ins. Co.

540 So. 2d 543 · Louisiana Court of Appeal · Mar 15, 1989

However, the jury clearly found Meaux's testimony the more credible and we cannot say, in light of the evidence in this case, that the jury's findings of credibility and fact are clearly wrong. … The testimony of these two disinterested witnesses clearly establishes that they each independently observed the yellow caution light immediately after the accident. This light was found to be functioning normally.

State v. Friday

2010 La.App. 1 Cir. 2309 · Louisiana Court of Appeal · Jun 17, 2011

The prosecutor sought to have Caruso qualified as an expert in the field of child *931 | Mand family counseling and sought to establish, as part of Caruso’s expertise, her experience in counseling and treating children who … She is an expert, she’s qualified by reason of her education, training and background in that field, or she is not, and I believe that the State has set forth sufficient background to establish her qualifications in the field

State v. Valdetero

93 La.App. 1 Cir. 1807 · Louisiana Court of Appeal · Dec 22, 1994

Although the defendant indicated his intent to call Ballard and Simmons as defense witnesses, we note that it never was established on the record that these witnesses, if called to the stand, would have claimed their privilege … The cases cited above clearly hold that Louisiana does not recognize defense witness immunity. Our decision is reinforced by the trial court’s specific finding of no prosecutorial misconduct in this situation.

City of Lafayette v. Cason

393 So. 2d 424 · Louisiana Court of Appeal · Dec 17, 1980

The defendant's position is supported by the testimony of two qualified real estate appraisers. … They can be established by expert opinion, corroborated by the facts in the record, especially where accepted by the trier of fact.

State Ex Rel. Lw

11 So. 3d 1225 · Louisiana Court of Appeal · Jun 3, 2009

Adkins, Ph.D., as an expert qualified to offer an opinion in this case? 2. … The first element of Article 1015(5) is clearly established based on facts in the record revealing that the children were in State custody for more than one year when the termination trial was held and the judgment granting

Dyess v. Caraway

190 So. 2d 666 · Louisiana Court of Appeal · Sep 27, 1966

Bryson, both qualified and competent veterinarians practicing in Caddo Parish, Louisiana. All three of these expert witnesses testified that in their opinion the treatment as given by Dr. Caraway was not improper. … Caraway was justified in assuming that Sonja, who was two years old or over, had been immunized; that distemper is an air-borne disease and can be contracted anywhere; that plaintiff has not established the puppies actually

State v. Robins

499 So. 2d 94 · Louisiana Court of Appeal · Aug 19, 1986

Defendant objected to any opinion testimony because he had not been qualified as an expert. The State then established the doctor's qualifications and tendered him as an expert witness. … The State never established its connexity to defendant at the time in question, and it was clearly irrelevant.

Shaquana Harvey, Individually and in Her Capacity as the Natural Tutrix of Jaden Harvey v. Eric Wayne Hamby, Plaquemines Parish Sheriff's Office, Through Gerald A. Turlich, Jr., Sheriff, and American Alternative Insurance Corporation

Louisiana Court of Appeal · Oct 4, 2023

The standard for determining whether a witness is qualified to testify in a matter as an expert is governed by Daubert v. … Winkler for the purpose of having him qualified as an expert, Defendants’ counsel failed to do so and objected to Mr. Winkler being qualified as an expert solely based on not knowing the content of his testimony.

State v. Davis

445 So. 2d 163 · Louisiana Court of Appeal · Feb 1, 1984

We find no error in the trial court's acceptance of Rasliff as an expert qualified to testify as to the value of the typewriter. Opinion testimony by a witness is generally inadmissible. LSA-R.S. 15:463. … Based on the qualifications established by the record, we are unable to conclude that the trial court was clearly wrong in accepting Rasliff as an expert witness. This assignment lacks merit.

Richard v. Workover & Completion

774 So. 2d 361 · Louisiana Court of Appeal · Dec 6, 2000

Richard was not a sudden, identifiable, precipitous event, which would qualify as an accident, but *365 more akin to a gradual deterioration. … We have considered the numerous qualifiers inserted by the legislature into the definition of what may be considered an accident.

Cooper v. Borden, Inc.

709 So. 2d 878 · Louisiana Court of Appeal · Feb 25, 1998

At no time during the trial or in any pleading did Borden argue that it was immune from liability due to its compliance with the federal regulation. … Before an appellate court may disturb such an award, the record must clearly reveal that the trier of fact abused its broad discretion in making the award, based on the facts and circumstances peculiar to the case and the

Jennings v. Allstate Insurance Company

273 So. 2d 534 · Louisiana Court of Appeal · Feb 1, 1973

Peppler qualified to answer questions regarding the effect of electrical shock on a fetus because he had no personal experience on the subject. … established.

Street v. Louisiana Pacific Corp.

829 So. 2d 450 · Louisiana Court of Appeal · Sep 18, 2002

R.S. 9:2800.10 established conditional immunity from liability for injury, death or loss sustained by perpetrators of felonies while committing the offense or while fleeing the scene of the offense, thereby altering legal … duties owed from one person to another, as established under our codal scheme.

Manuel v. STATE, OFF. OF ALCOH. AND TOBACCO

982 So. 2d 316 · Louisiana Court of Appeal · Apr 30, 2008

That case involved, on the Federal side, not the Commerce Clause, but rather the intergovernmental immunity doctrine. … As such, they, and actions taken pursuant to them, do not qualify as concerted action.

LaFleur v. Roberts

157 So. 2d 340 · Louisiana Court of Appeal · Oct 30, 1963

On the other hand, charter provisions limiting or qualifying the authority of municipal officials cannot be disregarded as if not written. … Nevertheless, there must be a judicial review of actions of such public officials and public bodies when they are called in question as exceeding their authority or being arbitrary or otherwise violating the provisions *344 of established

King v. SECRETARY, DEP. OF HEALTH AND HOSP.

956 So. 2d 666 · Louisiana Court of Appeal · Apr 4, 2007

The Medicare Catastrophic Coverage Act of 1998 ("MCCA"), 42 U.S.C. § 1396r-5, amended the Medicaid Act to establish a mechanism to protect couples from being forced to deplete their assets to qualify for Medicaid. … It is a loophole apparently discerned by lawyers and exploited by issuers who advertise such annuities as a means to qualify for Medicaid benefits. . . .

Gettys v. Wong

2013 La.App. 4 Cir. 1138 · Louisiana Court of Appeal · May 7, 2014

C.C.P. art. 1972 specifies three peremptory grounds upon which a new trial “shall” be granted, namely: (1) when the verdict or judgment appears clearly contrary to the law and the evidence; (2) when a party has discovered … The filing of a request for review of a claim shall suspend the running of prescription against all joint or solidary ob-ligors, including but not limited to health care providers, both qualified and not qualified, to the

In Re Succession of Edwards

2009 La.App. 3 Cir. 175 · Louisiana Court of Appeal · Jun 3, 2009

The standard of review applicable to this assignment of error has been firmly established. … ,” is clearly mis-stated.

Norman McQuirter, Brandon Mastos, & Jerome Tubbs v. Louisiana Department of Public safety & corrections, Master Sergeant Jimmie Holloway, Louisiana State Penitentiary, and Office of Risk Management

Louisiana Court of Appeal · Sep 18, 2020

establishes that the DPSC was engaged in emergency preparedness or emergency management activities at the time of the accident. … Sandbagging during a flooding event clearly qualified as a response to" the state of emergency unfolding at the time of the accident herein.