Case law

Darvin Castro-Santos v. State of Louisiana

Louisiana Court of Appeal · Dec 19, 2025

As the Louisiana Supreme Court has stated, “[A] court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of ‘manifest error’ or unless it is ‘clearly wrong,’ and where … Brooks was qualified to testify only on line-up identification procedures and not on conditions that can give rise to mistaken eyewitness identifications.

Domino v. CROWLEY CITY POLICE DEPT.

10 La.App. 3 Cir. 1244 · Louisiana Court of Appeal · May 25, 2011

The remaining issues were fixed for trial, and the court subsequently granted a directed verdict dismissing Nickel and Deville, finding they were judicially immune from suit for the conduct alleged. … P. art. 220] The test precludes “clearly inappropriate force.” LSA-C.Cr.P. Art. 220, Official Revision Comment(b). The use of force when necessary to make an arrest is a legitimate police function.

Burnett v. East Baton Rouge Parish School Board

2011 La.App. 1 Cir. 1851 · Louisiana Court of Appeal · May 3, 2012

An employee claiming discrimination or retaliation has the initial burden of proof and must establish a prima facie case under the burden-shifting framework established in McDonnell Douglas Corp. v. … To establish a prima facie case of discrimination, an employee must establish by a preponderance of the evidence that: (1) he was a member of a | ^protected *60 class such as a racial minority; (2) he was qualified for the

Doe v. University Healthcare Systems, L.L.C.

145 So. 3d 557 · Louisiana Court of Appeal · Jul 9, 2014

In order to qualify for class certification, there are seven general requirements that need to be met. See La. C.C.P. art. 591. … Clearly the court erred in making blanket presumptions regarding the size of the plaintiffs’ claims, as well as their ability to seek individual counsel.

State v. Harris

540 So. 2d 1226 · Louisiana Court of Appeal · Mar 15, 1989

Rogers, the canine officer, established how he tracked the suspect's path to the house where he was found. … Harris' attorneys defended him by attempting to establish an alibi.

Rodriguez Fontentot v. Ryan Leday Williams

Louisiana Court of Appeal · Aug 11, 2022

length of residency or domicile as of the date of qualifying[.]” … Much discretion is given to a trial court’s ruling on a motion for involuntary dismissal, and a reviewing court may not reverse a ruling on a motion for involuntary dismissal unless it is manifestly erroneous or clearly

Inzinna v. Walcott

868 So. 2d 721 · Louisiana Court of Appeal · Nov 21, 2003

To reverse a factual determination, the appellate court must find that a reasonable factual basis for the finding of the trial court does not exist in the record and that the record establishes that the finding is clearly … Otherwise, the supreme court stated that absent a qualifying privilege, any provocative or aggressive conduct on the part of the plaintiff should be incorporated into the allocation of fault by the trier of fact.

Justin H. Moore v. Centralized Management Services, LLC and Episode Solutions, LLC

Louisiana Court of Appeal · Aug 4, 2021

Responding to Moore’s inquiry regarding his bonuses, Eadie explained to Moore, in a November 6, 2017 letter, that “your work time with the company did not qualify you for a bonus. … The evidence presented at trial clearly reveals that Moore produced no work after September 20, 2021.

Waddell v. State ex rel. Louisiana Gaming Control Board

98 La.App. 1 Cir. 1014 · Louisiana Court of Appeal · Sep 24, 1999

Accordingly, the applicant has failed to prove by clear and convincing evidence that he is qualified to receive a gaming permit. … Louisiana Revised Statutes 27:76 became effective on May 1, 1996, under the aegis of Acts 1996, 1st Ex.Sess., No. 7, § 3, which established the Louisiana Gaming Control Board as the successor to the Louisiana Riverboat Gaming

La. Workers' Comp. Corp. v. Indus. Helicopters, LLC

248 So. 3d 350 · Louisiana Court of Appeal · Jul 26, 2017

Hebert was not in the course and scope of his employment with Industrial at the time of the accident and (2) after reviewing all of the admissible evidence, including Industrial's confession, "the evidence overwhelmingly establishes … In Perry , however, while the father ran both companies, we made it clear that each company "maintained separate equipment" and that the injured son "clearly acquiesced" in the exchange of services.

Gremillion v. Rinaudo

240 So. 2d 237 · Louisiana Court of Appeal · Sep 21, 1970

The Supreme Court also noted that since appeals are favored in law, they should be maintained unless a legal ground for dismissal is clearly shown, citing Portier v. … Qualified registered voters were not permitted to vote due to omission from the voting rolls."

East Tangipahoa Development Co. v. Bedico Junction, LLC

2008 La.App. 1 Cir. 1262 · Louisiana Court of Appeal · Dec 23, 2008

Barbier granted the Corps’ motion to involuntarily dismiss Plaintiffs’ claims based on a lack of waiver of sovereign immunity. … The record establishes that Edwards had inherited the 527-acre tract at issue.

Raney v. Wren

722 So. 2d 54 · Louisiana Court of Appeal · Nov 6, 1998

The appellate court determines that the record establishes that the finding is clearly wrong (manifestly erroneous). Stobart v. State, Through Department of Transportation and Development, 617 So.2d 880, 882 (La.1993). … Taylor, who was qualified as an expert in the field of clinical psychology, testified at length about the testing process and his interviews with the parties.

Danos v. Waterford Oil Company

225 So. 2d 708 · Louisiana Court of Appeal · Jul 2, 1969

Initially we note it clearly contemplates a prior administration by an executor or administrator. Here there has been no such previous administration. … Next we observe the provisions of the statute to be clearly and unmistakably permissive, not mandatory.

Brashers v. Shreveport Ambulance Service, Inc.

424 So. 2d 409 · Louisiana Court of Appeal · Nov 29, 1982

On October 1, 1980, the corporation became qualified and began operating as a full service ambulance company with an increased volume of calls and the acquisition of additional equipment. Mrs. … The trial court concluded that some of the checks clearly established a corporate expenditure because of the description of the payee, the explanation on the check, and the unlikelihood that such an expenditure would normally

McCook v. Rebecca-Fabacher

10 So. 2d 512 · Louisiana Court of Appeal · Nov 18, 1942

If, as is maintained, Johnson made the condition so bad that a driver could not see more than twenty feet ahead of him, then that of itself would seem to establish Profitt's negligence in not having his car under proper control … convinced that, as the employee of the plaintiff, acting within the course and scope of his employment, the negligence of Profitt which contributed to the accident which was the cause of the injury of the plaintiff, is clearly

Central Louisiana Electric Co. v. Brooks

201 So. 2d 679 · Louisiana Court of Appeal · Jul 27, 1967

The facts contained in the record clearly bear out the almost emergency need for additional transmission lines serving the Alexandria-Pineville area. … These same experts, both eminently qualified in the handling and sale of agricultural properties, testified further that the remaining 99.4 acres would suffer i severance damages to the extent of 25% of its value.

State v. Collins

9 La.App. 5 Cir. 283 · Louisiana Court of Appeal · Dec 8, 2009

Additionally, evidence of previous attempts to distribute narcotics may be considered in establishing intent. State v. … Defense counsel objected to the intent to qualify the officer as an expert, but the trial judge stated that the officer could testify as to his knowledge and ordinary experience as a narcotics officer without being qualified

State v. Canada

838 So. 2d 784 · Louisiana Court of Appeal · May 10, 2002

Such an approach has been looked upon with approval in the federal jurisprudence, especially where a promise of immunity from prosecution is at issue. See e.g., Rowe v. Griffin, 676 F.2d 524, 528 (11th Cir.1982). … This comment shows the legislature clearly intended for 881.2(A)(2) to preclude review of all plea bargains that are set forth in the record.

In re Med. Review Complaint By Daron Downing

272 So. 3d 55 · Louisiana Court of Appeal · May 8, 2019

as to some qualified defendants. … Therefore, joint liability has clearly been alleged. This triggers the suspension of the running of prescription against all joint obligors, as set forth in LSA-R.S. 40:1299.39.1(A)(2)(a).