Case law

Jones v. Hawkins

708 So. 2d 749 · Louisiana Court of Appeal · Apr 9, 1998

The plaintiffs amended their petition to allege that R.S. 9:2800 is unconstitutional, as it conflicted with the waiver of sovereign immunity of La. Const. Art. 12, § 10(A). … However, he did not establish that the experience caused him "severe, debilitating, and foreseeable" emotional distress. La. C.C. art. 2315.6.

Craft v. Ports Am. Gulfport, Inc.

273 So. 3d 517 · Louisiana Court of Appeal · May 8, 2019

Moreover, before a Court of Appeal can disturb an award made by a [factfinder,] the record must clearly reveal that the trier of fact abused its discretion in making its award. … In Louisiana, it is a well-established rule that, "[b]efore a Court of Appeal can disturb an award made by a [fact finder], the record must clearly reveal that the trier of fact abused its discretion in making its award.

Maxwell v. Maxwell

217 So. 3d 1227 · Louisiana Court of Appeal · Apr 5, 2017

Maxwell had poor credit and Rcould not qualify for any type of mortgage. He explained that he purchased properties on his line of credit in his name and then refinanced them and added Mrs. … He states that the use of the OIB Line was clearly for the common interest of the spouses and was, therefore, a community obligation. Mrs.

Mobile-One Auto Sound, Inc. v. Whitney National Bank

2011 La.App. 4 Cir. 0535 · Louisiana Court of Appeal · Nov 9, 2011

Mobile One argues that there is no qualifying term in the agreement giving Whitney any |7more rights than those listed, and that before any remedy can be pursued by Whitney, it must make a formal declaration of default, which … Mobile One maintains that the establishment and operation of its ZBA account at Wachovia Bank is separate and apart from the credit agreements.

Commodore v. City of New Orleans

275 So. 3d 457 · Louisiana Court of Appeal · Jun 20, 2019

Plaintiffs, however, claim there is no ambiguity in the last sentence of the provision and that it clearly states that the City Council "shall adopt" the ordinance ratifying the May 24, 2018 decision to grant conditional … Accordingly, neither the state nor its political subdivisions is immune from court costs unless such immunity is statutorily provided. Jefferson Par. Hosp. Dist. No. 1 v.

In the Matter of Two (2) Canines Seized from Susan Graham, Rayville, Louisiana

Louisiana Court of Appeal · Aug 27, 2025

A court of appeal may not set aside a trial court’s findings of fact in the absence of manifest error or unless it is clearly wrong. … In every case where a dog is established to be a dangerous dog, the court shall enter an order declaring the dog to be dangerous and shall direct the owner of the dog to comply with conditions established for the restraint

Tyler v. Rapid Cash, LLC

930 So. 2d 1135 · Louisiana Court of Appeal · May 17, 2006

Hampton estimated that he enters into between five and ten similar transactions per month with potential Rapid Cash customers who do not qualify for loans from Rapid Cash. … The trial court was also clearly wrong in rejecting Tyler's unfair trade practices demand. The UTPCPL, La.

State v. Williams

442 So. 2d 740 · Louisiana Court of Appeal · Nov 22, 1983

The burden is on the defendant to establish a prima facie showing of such exclusion. … The defense clearly waived any objection that he might have had in the court below. This assignment is wholly without merit.

Alphonso v. Bridge Terminal Transport

2002 La.App. 4 Cir. 2768 · Louisiana Court of Appeal · Jul 9, 2003

Where two permissible views of the evidence exist, a fact finder’s choice between them can never be manifestly erroneous or clearly wrong. Id. … Under the Code of Federal Regulations Title 49 § 391.41(b)(7), a person is physically qualified to drive a commercial motor vehicle if that person “has no established medical history or clinical diagnosis of rheumatic, arthritic

Linton v. Bossier City Mun. Fire & Pol. Bd.

428 So. 2d 515 · Louisiana Court of Appeal · Feb 22, 1983

Linton pointed his gun at the guest and cocked it, although this particular fact was not clearly established. Mr. Linton testified that he was angry at the man for "trying to make advances toward" his fiancee. Mr. … A judicial rule prohibiting such review would clearly frustrate the intent of LSA-R.S. 33:2500(A)(15).

Sportsman Store v. SONITROL SEC. SYSTEMS

725 So. 2d 74 · Louisiana Court of Appeal · Dec 23, 1998

that the finding is clearly wrong (manifestly erroneous). … Such broad overreaching language which is clearly used to take advantage of unsophisticated purchasers is not favored by this court and will be condoned, if at all, only when it is shown that all requisites are clearly met

Guillory v. Union Pacific Corp.

2001 La.App. 3 Cir. 0960 · Louisiana Court of Appeal · May 15, 2002

addition: (1) The prosecution of separate actions by or against individual members of the class would create a risk of: (a) Inconsistent or varying adjudications with respect to individual members of the class which would establish … To qualify for certification under Rule 23(b)(3), a class must meet two requirements beyond the Rule 23(a) prerequisites: Common questions must "predominate over any questions affecting only individual members"; and class

Riley Leblanc v. City of Abbeville

Louisiana Court of Appeal · Oct 17, 2018

the finding is clearly wrong. … The evidence in the record clearly establishes that the subject storm grate has been in use for many years, as no storm grates made of the same material as the one at issue were installed in either Mr. Sysak’s or Mr.

State v. Barnes

597 So. 2d 1109 · Louisiana Court of Appeal · Apr 8, 1992

Honeyman, 565 So.2d 961, 966 (La.App. 2d Cir.1990): Before any witness can testify as an expert, his or her competence must be established to the satisfaction of the court. State v. … A person may qualify as an expert based on experience alone. State v. Smith, supra.

Mouton v. We Care Homes, Inc.

915 So. 2d 971 · Louisiana Court of Appeal · Nov 2, 2005

Although this presumption is usually relied upon by an alleged employee seeking workers' compensation benefits, it is likewise available to a party in We Care's position, who seeks to interpose the immunity of La.R.S. 23: … We Care has clearly failed to meet its burden as the mover on summary judgment as to this issue.

Commodore v. City of New Orleans

275 So. 3d 457 · Louisiana Court of Appeal · Jun 20, 2019

Plaintiffs, however, claim there is no ambiguity in the last sentence of the provision and that it clearly states that the City Council "shall adopt" the ordinance ratifying the May 24, 2018 decision to grant conditional … Accordingly, neither the state nor its political subdivisions is immune from court costs unless such immunity is statutorily provided. Jefferson Par. Hosp. Dist. No. 1 v.

Davidson v. Broadhead

94 La.App. 3 Cir. 97 · Louisiana Court of Appeal · Nov 2, 1994

Davidson supported its motion with seven affidavits establishing diversity. … Jack Keith was qualified as an expert in the handling insurance claims. He said that he had never seen a case where onejgon a contingency fee basis.

Capital City Press, L.L.C. v. Louisiana State University System Board of Supervisors

168 So. 3d 727 · Louisiana Court of Appeal · Dec 30, 2014

However, we find no reasonable basis in the record to find that the individual who took another position qualified as an applicant. … the fact finder is clearly wrong or manifestly erroneous.

State v. Ourso

438 So. 2d 1239 · Louisiana Court of Appeal · Oct 12, 1983

Schell was qualified, based on his training and experience, as an expert in the fields for which he was tendered. … We hold that the verdict of guilty of attempted distribution of a substance falsely represented to be a C.D.S. is clearly supported by the evidence.

Alleman v. Hanks Pontiac-GMC, Inc.

483 So. 2d 1050 · Louisiana Court of Appeal · Jan 16, 1986

A District Court's findings of fact may not be reversed unless they are clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). … At the trial, Conley was qualified as an expert witness in automotive diagnostic techniques.