Case law

STATE DEPT. OF TRANSP. & DEV. v. Scramuzza

95 La.App. 5 Cir. 786 · Louisiana Court of Appeal · Apr 30, 1996

Because we find that the trial judge was clearly wrong in the weight he gave to Evans's testimony, and also clearly wrong in the assessment of Evans's credibility, we find that the trial judge clearly erred in invoking the … Zurawel and Oubre were not qualified as experts, but testified as fact witnesses. As such, they are not entitled to expert fees and therefore we reverse these awards.

Lee v. Constar, Inc.

921 So. 2d 1240 · Louisiana Court of Appeal · Feb 14, 2006

When there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Id. … In 2000, all of the employees hired as operators were qualified to operate, troubleshoot and maintain the equipment.

In Re Basf Corporation's Exemption Permit

765 So. 2d 1171 · Louisiana Court of Appeal · Jul 31, 2000

This language established the effective date of the amendment as the date of signature by the governor, which was July 3, 1997. … It is well-settled that substantive laws either establish new rules, rights, and duties, or change existing ones, while interpretive laws merely establish the meaning the statute had from the time of its enactment.

State v. White

476 So. 2d 1162 · Louisiana Court of Appeal · Oct 10, 1985

Swenson, 498 F.2d 207 (8th Cir.1974), the court established the first inquiry to be whether counsel violated some duty to the client. … Although a defendant's poverty does not immunize him from punishment, a court cannot impose a fine as a sentence and then automatically convert it into a term of imprisonment solely because the defendant is indigent and cannot

State v. Calderon

16 La.App. 5 Cir. 690 · Louisiana Court of Appeal · Apr 12, 2017

Although she was romantically involved with each of these men to varying degrees at various points in time, the evidence suggests Katherine established a steady relationship with Mr. … Laura Oliver, a DNA analyst with the JPSO DNA Laboratory and a qualified expert in the field, conducted DNA analysis in this case. Ms.

Veronica Braggs Versus Simeon Dickerson and Jon A. Gegenheimer, Jefferson Parish Clerk of Court

Louisiana Court of Appeal · Aug 9, 2022

The couple has clearly established 3217 Tulip Court as their matrimonial domicile. E. … Dickerson did not file his Notice of Candidacy on the first day of qualifying, nor did he file the notice of candidacy on the second day of qualifying.

Parish of Ouachita ex rel. Ouachita Parish Police Jury v. Town of Richwood

697 So. 2d 623 · Louisiana Court of Appeal · Jun 18, 1997

As discussed above, contiguity is clearly required by statute for annexation under election and election/ordinanee. … It has long been established that an injunction is available and will be issued against a legislative body which has taken, or is threatening to take, action which is ultra vires. Connell v.

NATIONAL BLDG. v. Alerion Bank & Trust Co.

772 So. 2d 938 · Louisiana Court of Appeal · Nov 8, 2000

By releasing the escrowed amount to Dibidale, the bank clearly breached its fiduciary duty to NBC. … Theriot had incorporated to qualify for lower unemployment and workers compensation charges. [3] Wil Whitmore admitted that closing costs, interest, quitclaim deed, taxes and interim loan reimbursements were a breach of the

Billings v. State

826 So. 2d 1133 · Louisiana Court of Appeal · Jun 13, 2001

The trial judge denied qualifying Mr. Galpin as an expert because he concluded that Mr. Galpin’s testimony would not be based on scientific evidence. … The guidelines establish the conditions which warrant barrier protection, the type of barriers available, and how the barrier should be installed dimensionally or geometrically.”

State v. Taylor

2012 La.App. 4 Cir. 0345 · Louisiana Court of Appeal · Jun 26, 2013

Afterward the victim asked him why he had done it, clearly reflecting the victim’s state of mind that she had not consented to the sexual activity. As noted above, Dr. … In Armstead, we explained that “[o]ur jurisprudence clearly establishes that the testimony of a victim, alone, is sufficient to establish the elements of the offense of forcible rape, even where the state does not introduce

Westerfield v. LaFleur

480 So. 2d 973 · Louisiana Court of Appeal · Dec 11, 1985

All of the evidence clearly shows, as the trial court found in its reasons for judgment, “that the child had been moving towards the school bus, but had not yet reached it when she was hit. … Here, plaintiffs contend that as Angie was in the process of entering the school bus there was a physical relationship established between Angie and the bus.

Smith v. Roussel

809 So. 2d 159 · Louisiana Court of Appeal · Jun 22, 2001

Allstate does not contest on appeal that Smith's injuries qualified as an occurrence under the policy. … Marie Smith says she explained clearly her need for a gentle, docile animal for her and her grandchildren to ride.

State of Louisiana, Board of Ethics v. Maureen Robbins Saunders

Louisiana Court of Appeal · Dec 21, 2015

Stated another way, the party on which the burden of proof rests must establish a prima facie case. … Saunders was unaware had to be paid in full.2 There is no conflict in the evidence or testimony, and the evidence clearly shows that Ms.

Johnson v. Entergy Corp.

827 So. 2d 1234 · Louisiana Court of Appeal · Sep 20, 2002

The mover has the burden of establishing the absence of a genuine issue of material fact. … Unlike the "clear zone" or "shoulder" of the rural road in the present case, the sidewalk is clearly not intended *1239 for any type of vehicular use. [3] While there is some dispute as to whether driver negligence was the

Donald E. O'brien v. Dr. Akbar Rizvi

Louisiana Court of Appeal · Jun 9, 2004

The burden is on a defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the Medical Malpractice Act. … Subsection E of this section provides, in part, that: (1) Financial responsibility of a health care provider under this Section may be established only by filing with the board

Kevin Cavell v. Kevin Patrick Johnson, Jr.

Louisiana Court of Appeal · Mar 4, 2026

Johnson”), also qualified as a candidate for Oakdale Chief of Police on the same date. When qualifying ended on February 13, 2026, Mr. Cavell and Mr. Johnson were the only candidates to qualify. … Cavell introduced a copy of the statute creating the position of Deputy Chief to argue that the position is clearly in the classified service, indicating that it is a “classified competitive position.” Mr.

State v. Jackson

2015 La.App. 4 Cir. 0222 · Louisiana Court of Appeal · Mar 16, 2016

He also argues that L.A.’s 911 statements do not qualify as non-hearsay under La. C.E. art. 801(D)(1)(d) as the initial complaint of sexually assaultive behavior. … Her testimony established that the • defendant committed the offenses of aggravated rape and sexual battery as defined by La.

Graham v. Southern Pacific Transp. Co.

619 So. 2d 894 · Louisiana Court of Appeal · Jun 2, 1993

The Town of Scott and the State, DOTD answered with general denials and asserted the defenses of contributory negligence and immunity. … STIPULATION Finally, plaintiff has argued that the trial judge clearly erred in holding that Southern Pacific was not at fault for the accident since Southern Pacific stipulated to 1% fault.

Champagne & Rodgers Realty Co. v. Henning

6 La.App. 5 Cir. 237 · Louisiana Court of Appeal · Nov 14, 2006

Smith, Sr.; and that the petitioner desired to be qualified in Louisiana as Administrator of the Succession of James C. Smith, Sr. to administer assets in Louisiana. … First, it will not be applied to “supplant the Code of Civil Procedure provision which clearly permits a reconsideration of the overruling of peremptory exceptions.”

Koepp v. Sea-Land Service, Inc.

93 La.App. 4 Cir. 2562 · Louisiana Court of Appeal · Nov 17, 1994

S APPEAL Sea-Land Service, Inc. argues: 1) the plaintiff failed to establish that the SEALAND CONSUMER was the vessel which caused the accident; alternatively, 2) the evidence establishes that the SEALAND CONSUMER was not … In the instant case both plaintiffs' and defendants' experts were qualified and the trial court's reliance on the testimony of plaintiff's experts was a proper exercise of its discretion.