Case law

Ernest N. Morial New Orleans Exhibition Hall Authority v. New Limits New Limits, LLC

2016 La.App. 4 Cir. 0706 · Louisiana Court of Appeal · Apr 5, 2017

STANDARD OF REVIEW Appellate courts review confirmation of default judgments under the manifest error/clearly wrong standard of review. Nat’l Collegiate Student Loan Trust 2007-2 v. … Furthermore, unlike the Second Circuit in Ruston and Moore, we find the legislature’s inclusion of the qualifying phrase, “along with any proof required by law,” demonstrates that proof of each element necessary to meet the

Style Craft, Inc. v. Grassin

347 So. 2d 950 · Louisiana Court of Appeal · Jun 30, 1977

Edward Jemison, who was qualified as an expert in architecture, was of the opinion that the work was of poor quality and had to be redone in many areas. … Jemison established that the work was of poor quality and was not satisfactorily completed.

State v. Koon

730 So. 2d 503 · Louisiana Court of Appeal · Feb 24, 1999

Hayne was qualified to give his opinion on this matter. Even if Dr. Hayne was not qualified to conclude that the child suffered abuse, the defendant was not prejudiced by this opinion since Dr. … The defendant argues that the reference to the seven-week time period was clearly a reference to him, and therefore, violates his right against self-incrimination.

State v. Searcy

621 So. 2d 83 · Louisiana Court of Appeal · Jun 23, 1993

The test of the competency of an expert is his knowledge of the subject about which he is called upon to express an opinion, and before any witness can give evidence as an expert, his competency must have been established … expert is a question of fact to be determined within the sound discretion of the trial judge, and his rulings on the qualifications of experts will not be disturbed in the absence of manifest error, that is, unless they are clearly

Rener v. State Farm Mut. Auto. Ins. Co.

99 La.App. 3 Cir. 1703 · Louisiana Court of Appeal · Apr 5, 2000

Clearly, Mr. Rener's assertions regarding John Doe's statements and actions are hearsay evidence. … Usually such evidence is inadmissible at trial, unless, among other exceptions, it qualifies under the exited utterance exception to the hearsay rule set forth in La.Code Evid. art. 803(2).

Wherland v. Fastabend

11 La.App. 3 Cir. 903 · Louisiana Court of Appeal · Feb 22, 2012

The Louisiana Medical Malpractice Act requires that all claims against qualified health care providers be instituted by filing a request for review with the Division of Administration. La.R.S. 40:1299.47. … The April 22, 2009 filing was clearly in excess of the fifty-three day limit. The plaintiffs argue in brief that they did not discover their claims for damages until sometime between Mrs.

Regional Transit Authority v. Kahn

99 La.App. 4 Cir. 2015 · Louisiana Court of Appeal · Aug 26, 1999

Thus, the RTA Board called and ordered a special election “for the purpose of submitting to all registered voters, qualified and entitled to vote at said election under the Constitution of the United States” a specific proposition … Thus, the first element for determining the right of the associations to intervene has been established.

State v. McCants

644 So. 2d 752 · Louisiana Court of Appeal · Oct 7, 1994

Defendant's requested special jury charge number one sought the following instruction: IMMUNITY OR REWARD 1. … In weighing the testimony of a witness who testifies under any promise of immunity or award, the jury must consider that such promise of immunity or award of itself is a strong impelling reason for the witness to color and

Edwards v. Alexander

960 So. 2d 336 · Louisiana Court of Appeal · Jun 6, 2007

finder's choice between them cannot be manifestly erroneous or clearly wrong. … clearly wrong.

State v. Butler

2011 La.App. 4 Cir. 0985 · Louisiana Court of Appeal · Oct 3, 2012

While this standard entitles the trial court’s determination to great weight, it will not shield, immunize, or insulate that ruling from an in-depth review. See State v. … Again, the threshold established for a finding of probable cause is neither high nor novel. See Beck v.

State ex rel. P.B.

154 So. 3d 806 · Louisiana Court of Appeal · Dec 17, 2014

Court observed that Brown had failed to establish a stable address because she kept moving back and forth between her husband and boyfriend. … Taylor was qualified as an expert in licensed professional counseling and registered play therapy.

Johnson v. Templeton

99 La.App. 3 Cir. 1274 · Louisiana Court of Appeal · Mar 29, 2000

wrong based on the evidence, or clearly without evidentiary support. … The jury’s finding to the contrary was clearly wrong.

JAG v. Schmaltz

95 La.App. 4 Cir. 2755 · Louisiana Court of Appeal · Oct 23, 1996

Usdin, qualified as an expert in psychiatry. Both Dr. Corwin and Dr. … Usdin, found his claim of memory suppression inconsistent with the research, while the two "better qualified" experts he presented testified more favorably.

Morgan v. City of Shreveport

71 So. 3d 1104 · Louisiana Court of Appeal · Jul 13, 2011

The statute clearly says that any incentive pay plan a civil service board sets up is in addition to any other salary. … The City has clearly shown that the classification suitably furthers an appropriate interest.

Cosmar Co. v. Slaughter

871 So. 2d 646 · Louisiana Court of Appeal · Apr 2, 2004

The Court accordingly concluded that “Vulcan failed to clearly, unequivocally and affirmatively establish that it was entitled to this exemption from sales/use tax.” Vulcan Foundry, Inc., 414 So.2d at 1198 . … It is well-settled that exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively established by the taxpayer. Johnson v.

Blanchard v. Mitchell

146 So. 2d 50 · Louisiana Court of Appeal · Aug 17, 1962

The pertinent facts have been established without controversion. … The wording of the Act clearly indicates that the books are closed for the registration of voters for a period of thirty days prior to any primary or general election.

Detraz v. Banc One Securities Corp.

13 La.App. 3 Cir. 191 · Louisiana Court of Appeal · Oct 9, 2013

Otherwise, and unless the mov-ant establishes grounds for vacating, modifying or correcting the award, a trial court must confirm the arbitration award. Id. … In its award, the arbitration panel determined that: IfiThe claims clearly are erroneous.

United Pentecostal Church International, Inc. v. Sanderson

391 So. 2d 1293 · Louisiana Court of Appeal · Oct 28, 1980

Plaintiffs allege that defendant, Sander-son, has been defrocked or declared to be no longer a minister of United and having lost his status as a minister of United is no longer qualified to be a minister of Apostolic. … which provides: “No law shall be enacted respecting an establishment of religion or prohibiting the free exercise thereof.”

Gurdin v. Dongieux

468 So. 2d 1241 · Louisiana Court of Appeal · Apr 9, 1985

In the malpractice action the burden is on plaintiff to establish defendant's deviation from the standard of care required of others practicing in his same field. La.R.S. 9:2794(C); Wiley v. … Thus, plaintiff clearly states a cause of action based on lack of informed consent, and there is ample evidence to support this claim.

Capital City Press v. East Baton Rouge Parish Metropolitan Council

95 La.App. 1 Cir. 1345 · Louisiana Court of Appeal · Jun 28, 1996

It is in the best interest of the Metro Council to have the largest possible pool of qualified applicants. See Gannett, 557 So.2d at 1159 . … The published job notice immediately following the notice for the Director’s position clearly distinguished the Assistant Director’s job as subordinate and of lesser responsibility.