Case law

DeBarge v. LFI of Lake Charles

14 La.App. 3 Cir. 747 · Louisiana Court of Appeal · Dec 23, 2014

The medical reports clearly indicate that he has seen Ms. … TheJ^fact that he had been treating Claimant for over seven years and had run out of options clearly establishes that further delay would be unreasonable. Then, the “immediate” factor is established.

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.

Green v. Cement Products Services, Inc.

526 So. 2d 493 · Louisiana Court of Appeal · May 17, 1988

However, we find the trial court's award of supplemental earnings benefits clearly wrong. … Clearly the court intended to award Supplemental Earnings Benefits under LSA-R.R. 23:1221(3), as it stated in its oral reasons for judgment.

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.

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

Angie Hebert v. Clarendon American Ins. Co.

Louisiana Court of Appeal · Jun 4, 2008

That being the case, we decline to ignore the established law and grant Ms. Hebert the relief she requests on this basis. Ms. … Thus, they did not qualify as “third persons” because they were not legally liable to pay the employee damages because of his work-related automobile accident.

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.

Kaufman v. Sewerage & Water Bd.

762 So. 2d 644 · Louisiana Court of Appeal · May 3, 2000

wrong based on the evidence, or clearly without evidentiary support. … Touchet did not establish that he was qualified to give an opinion as to the distance from which a canal could effect ground water level at a designated property.

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 v. Morvan

725 So. 2d 515 · Louisiana Court of Appeal · Dec 9, 1998

In sentencing defendant, the court clearly articulated its consideration of defendant's personal and family history, including his marital status and family obligations. … Such actions clearly magnify the potential for serious injury or death.

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.

Theresa Nicholson, Jonathan Nicholson; Joshua Nicholson, & Jacquelyn N. Shoemaker v. Steven L. Brown, Kody Brown, Kristopher Brown, & Poverty Point Produce Co.

Louisiana Court of Appeal · Feb 26, 2025

Clearly they have alleged a cause of action for the invalidity of the UCRs, urge the plaintiffs. … Fourth, the second petition specifically alleges facts that, if proven, establish that the plaintiffs are oppressed shareholders under La.

Kimberly Pearson Ruby v. Lyndon Bain Carpenter

Louisiana Court of Appeal · Dec 17, 2025

She also argues that the BBA does not allow a qualified health care provider to charge a 3 patient an amount greater than the contractually agreed-upon amount. … An appellate court may not set aside a trial court’s finding of fact in the absence of manifest error or unless it is clearly wrong. Id.

Afco Credit Corp. v. Rosenthal Agency, Inc.

95 La.App. 4 Cir. 1865 · Louisiana Court of Appeal · Apr 3, 1996

The agreement stated quite clearly that Rosen-thal’s assumption of liability under the agreement was limited. … That was clearly identified on their balance sheet and in the bankruptcy hearings.” Therefore, this argument is without merit.

Robert v. Bayou Bernard Marine, Inc.

514 So. 2d 540 · Louisiana Court of Appeal · Sep 22, 1987

Jack Markowitz, Bayou's general manager, told Jones he did not think that Bayou was qualified to rip out the entire inside of the boat. … We find that the evidence supports these awards and that the trial judge was not manifestly in error or clearly wrong in making these awards.

Matter of Succession of Littleton

391 So. 2d 944 · Louisiana Court of Appeal · Dec 2, 1980

ability to read as an element of testamentary capacity to make a statutory will is that the legislature by Act No. 333 of 1976 amended LSA-R.S. 9:2442 to provide a form of statutory will which a person who could not read was qualified … in Succn. of Arnold, supra, by denominating the ability to read a requirement of testamentary capacity for a statutory will in the form used by decedent is fallacious because the pertinent legislative history referred to clearly

New Orleans Opera Ass'n v. Southern Regional Opera Endowment Fund

2007 La.App. 4 Cir. 1373 · Louisiana Court of Appeal · Aug 27, 2008

The civil law is an a 1 ^priori, rationalistic system that seeks to establish a set outcome, so as to reduce uncertainty. … The record is absolutely devoid of any evidence that the Opera Association consented to revocation of its third party rights. 4 Moreover, the advent of this litigation clearly suggests the contrary.

Succession of Schulz

622 So. 2d 693 · Louisiana Court of Appeal · May 27, 1993

The jurisprudence in this state clearly distinguishes between the procedural requirements for seeking annulment of an absolute nullity, as opposed to the requirements for seeking annulment of a relative nullity. … Although she had herself appointed administratrix based upon relationship, she was not properly qualified as such regarding her brothers' successions.

Coleman v. Touro Infirmary of New Orleans

506 So. 2d 571 · Louisiana Court of Appeal · Apr 9, 1987

Viewing the evidence in its entirety, we conclude that the jury was clearly wrong in finding that Dr. Cherrie's negligence was a proximate cause of the Coleman baby's death. Mrs. … The evidence considered, we conclude that the jury was clearly wrong in finding Touro Infirmary negligent in its medical treatment of Mrs. Coleman.

Haws v. Professional Sewer Rehabilitation, Inc.

98 La.App. 1 Cir. 2846 · Louisiana Court of Appeal · Feb 18, 2000

Factual findings in a workers' compensation case are subject to the manifest error or clearly wrong standard of appellate review. Banks v. … The primary burden is to establish an injury was sustained as a result of an accident occurring in the course and scope of employment. LSA-R.S. 23:1031.