Case law

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.

Shanika Renee Green v. Wal-Mart Louisiana, LLC

Louisiana Court of Appeal · Jul 17, 2024

The record clearly establishes that neither Crime Stoppers nor KMSS stated that Green committed a theft at Wal-Mart. … Finally, Green has not been able to establish falsity or malice.

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

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.

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.

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.”

Seagers v. Pailet

656 So. 2d 700 · Louisiana Court of Appeal · May 10, 1995

Next, the defendant contends that the trial court erred in not qualifying him as an expert in general surgery. (The defendant was qualified as an expert in obstetric/gynecology only). … The record also establishes that Dr. Pailet's attempted hernia repair in 1989 failed because he was not qualified to repair a hernia that size, and misused the Marlex Mesh.

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.

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. Sheppard

466 So. 2d 493 · Louisiana Court of Appeal · Feb 26, 1985

Under the Gates test, this established probable cause for the search. This assignment lacks merit. ASSIGNMENT OF ERROR NO. 12 Defendant argues that the chain of possession of the drugs was not clearly shown. … ASSIGNMENT OF ERROR NO. 15 In this assignment, defendant objects to the admission of expert testimony without first requiring the witnesses to be qualified as experts.

State v. Hechavarria

575 So. 2d 444 · Louisiana Court of Appeal · Jan 31, 1991

Officer Michael Glasser was qualified as an expert in packaging and distribution of controlled substances. … The warrant was clearly based on probable cause, and the motion was correctly denied. This assignment is without merit.

Lambert v. Delcarpio

272 So. 3d 112 · Louisiana Court of Appeal · Apr 24, 2019

Louisiana has granted absolute immunity in judicial proceedings to a non-litigant, or a non-party witness. Lauga v. McDougall , 463 So.2d 754 , 755 (La. App. 4th Cir. 1985), citing Moity v. … First, it must be determined whether the attending circumstances of a communication occasion a qualified privilege. Id .

State v. Irving

818 So. 2d 289 · Louisiana Court of Appeal · May 8, 2002

Of course, it is well established that the entry of a guilty plea must be a free and voluntary choice. … Such emotional conflict fails to qualify as the type of coercion or intimidation necessary to invalidate a plea.

Fogal v. Boudreaux

497 So. 2d 366 · Louisiana Court of Appeal · Nov 5, 1986

The issue before us is whether the owner-seller can qualify as a broker and escape liability in redhibition. … The existence of a redhibitory defect is a question of fact which cannot be disturbed unless the record as a whole establishes that the finding is clearly wrong. Red Arrow Sales, Inc. v.

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.

Nelson v. Walker

189 So. 2d 54 · Louisiana Court of Appeal · Jun 13, 1966

Sanction of the Prohibition The sanction is the nullity of the sale, which, although not expressly established by the text, necessarily results from it * * 1439. … The distinction between absolute and relative nullities was clearly recognized by the Supreme Court in Whitney Nat. Bank of New Orleans v. Schwob, 203 La. 175 , 13 So.2d 782 , with Fournet, C.

Great Southern Dredging, Inc. v. FedEx Corporate Services, Inc.

2012 La.App. 1 Cir. 0357 · Louisiana Court of Appeal · Nov 2, 2012

The FedEx Airbill at issue clearly qualifies its service and states only that FedEx Priority Overnight service delivers packages the next business morning “[t]o most | locations.” 2 There is no guarantee whatsoever on the … Although we agree with the trial court that the language on the face of airbill is clear and unambiguous, we additionally note that FedEx established that by the terms of its Service Guide, FedEx Priority Overnight delivery

State v. Prejean

24 So. 3d 1033 · Louisiana Court of Appeal · Oct 27, 2009

We do not find the trial court abused its wide discretion in finding that the State established a prima facie showing of discriminatory strikes. … The Daubert court was clearly not concerned with whether the expert is qualified solely by education to give opinion testimony concerning a particular matter.

Hall v. Babin

506 So. 2d 658 · Louisiana Court of Appeal · Apr 9, 1987

We will not indulge in the hypothesis that the supporting documents were verified and attached, when the record does not clearly show this.” Vassallo, Inc., supra, at 927. … This allegation alone, for purposes of summary judgment, should serve to qualify plaintiff’s admission of having assigned her interest and raises a genuine issue of material fact concerning the nature and continuance of the

Allums v. Dixie Metals Co.

369 So. 2d 1204 · Louisiana Court of Appeal · Mar 26, 1979

He is an expert in environmental health research and is particularly qualified in the area of heavy metals in industry. … The trial judge excluded the testimony because defendants indicated they would try and elicit a clearly inadmissible medical opinion from Dr. Lynam.