Case law

Franklin v. Fountain Grp. Adjusters, L.L.C.

249 So. 3d 84 · Louisiana Court of Appeal · Jun 6, 2018

We review a trial court's granting or denial of a motion for summary judgment de novo according to well established appellate principles. … of it as is true and qualify or deny the remainder.

State of Louisiana v. Jermaine Brisco

Louisiana Court of Appeal · Jan 20, 2026

Anthony’s testimony established a clear motive for the murder—financial gain through the life insurance policy. … Although he was ultimately unsuccessful in preventing the police from discovering his involvement, the evidence clearly establishes that Defendant attempted to disrupt the investigation into Ms. Veal’s murder.

Stop the Destruction of St. Bernard, Inc. v. Board of Commissioners for the Port of New Orleans and St. Bernard Port, Harbor, and Terminal District

Louisiana Court of Appeal · Oct 26, 2023

The Court determined that the consequences of failure to exercise great care to prevent the escape of poisonous material were so serious that it directed the issuance of a qualified injunction. Id. … The facts of Salter are clearly distinguishable from the instant matter as to prematurity in one important aspect.

Ella Rogers v. Louisiana Dept. of Public Safety & Corrections

Louisiana Court of Appeal · Jan 30, 2008

In their sole assignment of error, Defendants assert that the trial court erred in denying their peremptory exception of no right of action where there was no evidence in the record establishing that plaintiffs possessed … to rely on the immunity statutes to defeat Plaintiffs’ claims.

State v. Flowers

509 So. 2d 588 · Louisiana Court of Appeal · May 1, 1987

Alvaro Hunt, pathologist for the Jefferson Parish Coroner's Office, was also qualified as an expert at trial. He testified that he performed the autopsy of the victim. … A trial court's determination of the admission of gruesome photographs will not be disturbed on appeal unless the prejudicial effect of the photographs clearly outweighs the probative value. State v.

Jackson v. Winn Dixie Stores, Inc.

439 So. 2d 1147 · Louisiana Court of Appeal · Oct 6, 1983

Plaintiffs' burden is to establish by a preponderance of evidence that the meat was in a deleterious condition when purchased and caused their illnesses. English v. … Brobson Lutz, an eminently qualified expert in internal medicine with expertise in public health and infectious diseases. [1] Dr.

Joe Oliver v. Magnolia Clinic

Louisiana Court of Appeal · Aug 31, 2011

Additionally, in some cases, “a Plaintiff’s right to recover damages at all is barred by legislative grants of immunity from suit.” See La. R.S. 9:2795. … This burden, as was clearly set forth in Sibley, rests with the State.

Ristroph v. Public Facilities Authority

943 So. 2d 492 · Louisiana Court of Appeal · Sep 14, 2006

By Resolution dated May 18, 2006, the Louisiana State Bond Commission (Bond Commission) granted final approval to the issuance of the bonds and designated the bonds as "qualified Gulf Opportunity Zone Bonds." … Lege is clearly factually distinguishable. In Lege the Third Circuit did not dismiss the case for failure to follow the requirements of L.R.S. 13:5125 in obtaining the court order and publishing the notice.

State of Louisiana v. Carlos Dewayne Wade

Louisiana Court of Appeal · Jan 15, 2020

In that writ order, it was determined that Wade qualified for application of the 2001 ameliorative provisions of La. R.S. 15:529.1. … Thus, the legislature “clearly stated its intent to diminish the penalties for certain habitual offenders, but equally clearly stated its intent not to reopen or relitigate cases that arose before the effective date.”

Cheshire v. City of Minden

83 So. 2d 526 · Louisiana Court of Appeal · Nov 2, 1955

Citizens and taxpayers of an area annexed to a municipal corporation possess and enjoy the same rights, privileges and immunities as are enjoyed by the citizens of the former municipality. LSA-R.S. 33:179. … If this is true, there was not, therefore, nor could there be, any exception so as to eliminate a portion from within the corporate limits which was otherwise clearly and with certainty and precision described.

Mooers v. Sosa

798 So. 2d 200 · Louisiana Court of Appeal · Sep 25, 2001

Accordingly, the defendant's argument with regard to this issue is without merit. *206 The defendant contends that even if the affidavit were sufficient to qualify as an enforceable contract for the sale of immovable property … Furthermore, even if it had been established that Mr.

Union Bank v. Baudin

598 So. 2d 689 · Louisiana Court of Appeal · Apr 16, 1992

Nevertheless, the intention to dedicate must be clearly established. Banta v. Federal Land Bank of New Orleans, 200 So.2d 107 (La.App. 1 Cir.1967), writ denied, 251 La. 46 , 202 So.2d 657 (La.1967). … Our Louisiana Supreme Court qualified that holding of Conrad in Garrett v. Pioneer Corp., supra.

In Re Succession of Jones

8 La.App. 3 Cir. 1088 · Louisiana Court of Appeal · Mar 4, 2009

An existing marriage qualifies as such an impediment. La.Civ.Code art. 88. … With regard to the search for a divorce judgment, Harriett clearly established that she and David were married a second time on April 12, 1978, and that she remained domiciled in Harris County, Texas, from that day forward

Broussard v. Andersson

921 So. 2d 128 · Louisiana Court of Appeal · Nov 30, 2005

whether a physician possesses the requisite degree of knowledge or skill or whether he exercised reasonable care or diligence, the court is guided by expert witnesses who are members of the medical profession and who are qualified … He clearly recognized that this condition was outside the realm of his specialty.

Yuspeh v. Koch

840 So. 2d 41 · Louisiana Court of Appeal · Mar 24, 2003

Clearly Boudreaux had serious reservations about the propriety of the Kochs' actions. … Despite testimony that each man was emotionally devastated by the merger, the rest of the evidence clearly shows that their interest in CSS was financial and that their loss was financial. [7] The evidence clearly shows that

State of Louisiana v. Sean Bernard Newton

Louisiana Court of Appeal · Feb 13, 2013

Defendant argues in brief that ―[t]he fact that Joshua Lambert exculpated Sean Newton in a police interview with Officer Chatham [sic] is clearly a Brady violation. … Defendant asserts that Watson ―clearly believed that he would receive immunity in exchange for his testimony.‖ Defendant asserts had he known about this inducement, ―defense investigators could have investigated Watson‘

Rodney v. Crown Zellerbach Corp.

470 So. 2d 538 · Louisiana Court of Appeal · May 29, 1985

Thus, the trial court's determination that the plaintiff suffered a work related injury is clearly correct. … In the instant case, plaintiff's educational background and mental ability is such that he might not ordinarily qualify as an odd-lot worker.

State v. Washington

606 So. 2d 838 · Louisiana Court of Appeal · Sep 23, 1992

The record clearly indicates that the prosecutor objected contemporaneously to the challenged questioning. Furthermore, a new basis for an objection cannot be raised for the first time on appeal. State v. … When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable

Gobert v. Aetna Casualty & Surety Co.

509 So. 2d 544 · Louisiana Court of Appeal · Apr 8, 1987

It is well established that positive findings of medical experts are to be afforded greater weight than negative findings as to the existence or not of a particular condition. Alexander v. … An odd-lot claimant need not be absolutely helpless to qualify for total disability status.

State v. Rains

12 La.App. 3 Cir. 615 · Louisiana Court of Appeal · Nov 7, 2012

Jay [Piland] was qualified as an expert in forensic psychology where he only took [an] eight (8) hour online course. [22. … Piland was qualified to serve as a member of that sanity commission.