Case law

Doucette v. Barthelemy

598 So. 2d 600 · Louisiana Court of Appeal · Apr 14, 1992

Clearly, any claims plaintiffs may have against the defendants based on 42 U.S.C. Section 1981 have prescribed. … R.S. 38:2241(0) expressly provides that “[sjureties and contractors executing payment bonds for public works contracts under this Part shall be immune from liability for payment of any claims *603 not required by this Part

Duplessis v. Tulane University Medical Center

2010 La.App. 4 Cir. 0267 · Louisiana Court of Appeal · Aug 25, 2010

DISCUSSION In a workers’ compensation case, the appropriate standard of review applied to the OWC’s factual findings is the manifest error-clearly wrong standard. Dean v. … Duplessis did not believe he could perform any type of work. *997 Finally, Tulane presented the testimony of Kathleen Riche, who was qualified as an expert in the field of vocational rehabilitation. Ms.

State ex rel. E.K.

766 So. 2d 661 · Louisiana Court of Appeal · Aug 23, 2000

Glen Fontenot, a supervisor with the fire marshal’s office, was qualified as an expert in fire investigation origin and causes. … 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

Kavanagh v. Hebron

266 So. 3d 338 · Louisiana Court of Appeal · Jan 24, 2019

STANDARDS OF REVIEW An appellate court may not set aside a trial court's findings of fact in the absence of manifest error or unless it is clearly wrong. Stobart v. … date of La.Const. art. 1, § 10.1, on December 12, 2018, and slightly over one year from the date in January 2019 that Hebron would be required to assume and hold the office of mayor, well under the five-year limitation established

Mouton v. New York Insurance

5 Pelt. 614 · Louisiana Court of Appeal · Dec 11, 1922

Testimony'by de-' positions taken on behalf of the defendant, is found upon examination to be of little value save to establish the dates upon which certain premium payments were made by George Clinton Mbutoji, the insured … trial court dismissing plaintiff's petition is justified hy abundant authority found in the jurisprudence of the highest courts of other states, where similar notes under like conditions have been construed as in no manner qualifying

Hill v. Commission on Ethics for Public Employees

442 So. 2d 592 · Louisiana Court of Appeal · Nov 22, 1983

The Commission views these expressions of the Legislature literally and opines that the qualifying requirement is antecedent in nature.” We disagree with the Commission’s interpretation of this statutory provision. … Clearly, Ms. Hill’s dual positions violated this defined “spirit” of the Ethics Code. ASSIGNMENT OF ERROR NO. 4 Lastly, appellant argues that the Commission erred in finding that Ms.

State v. Lambert

749 So. 2d 739 · Louisiana Court of Appeal · Nov 17, 1999

Patricia Daniels, a medical technologist with the Orleans Parish Coroner's Office, was qualified by stipulation as an expert in the field of medical technology. Ms. … The testimony of a rape victim alone is sufficient to establish the elements of the offense of aggravated rape. State v.

Elliott v. Eaves

476 So. 2d 388 · Louisiana Court of Appeal · Sep 25, 1985

In the first place, he neither witnessed the accident nor qualified as an expert in accident reconstruction; as a result, his explanation lacks any reliable, factual basis. … Therefore, the appellate review is not complete until the record establishes that any finding of facts by the judge or jury is not clearly wrong (manifestly erroneous). Arceneaux, supra.

State v. Henton

682 So. 2d 777 · Louisiana Court of Appeal · Sep 25, 1996

Armstrong qualified as an expert witness and criminalist in the field of identification of controlled dangerous substances. … In this case, the testimony of the law enforcement officials clearly established a proper foundation for the introduction of the cocaine.

Sanders v. Silverthorn

906 So. 2d 518 · Louisiana Court of Appeal · Feb 11, 2005

Thus, according to the general prevailing meaning of the terms used and considering that the documents expressly outline the construction to be given Sanders' signature thereon, [3] we cannot say that the trial court clearly … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor

Spears v. American Legion Hosp.

780 So. 2d 493 · Louisiana Court of Appeal · Jan 31, 2001

Simply, if the petition alleges sufficient facts to establish a case cognizable in law, an exception of no cause of action must fail. Rebman v. Reed, 286 So.2d 341 (La. 1973). … Plaintiffs' petition clearly states that Mr. Spears' contract was entered into with and terminated by the Board of Directors of American Legion Hospital.

Yolanda Taylor, Catina Smith, Cynthia Smith, and Vernaon Taylor, Individually and On Behalf of Delores Jean Bogan (D) v. Nexion Health at Pierremont, Inc., D/B/A Pierremont Healthcare Center – Shreveport, University

Louisiana Court of Appeal · Dec 14, 2022

As noted in the judgment, Pierremont, as a qualified healthcare provider, is not liable for an amount in excess of $100,000 plus interest and costs, pursuant to La. … that the factfinder is clearly wrong or manifestly erroneous.

Kavanagh v. Hebron

266 So. 3d 338 · Louisiana Court of Appeal · Jan 24, 2019

STANDARDS OF REVIEW An appellate court may not set aside a trial court's findings of fact in the absence of manifest error or unless it is clearly wrong. Stobart v. … date of La.Const. art. 1, § 10.1, on December 12, 2018, and slightly over one year from the date in January 2019 that Hebron would be required to assume and hold the office of mayor, well under the five-year limitation established

Berry v. STATE THROUGH DHHR

625 So. 2d 600 · Louisiana Court of Appeal · Oct 6, 1993

Part of the program includes the providing of "medically necessary nonemergency transportation" services to qualified recipients. … Although plaintiff herself was not the patient, her presence was clearly necessary.

Regan v. Gore

95 La.App. 3 Cir. 998 · Louisiana Court of Appeal · Jan 31, 1996

that the finding is clearly wrong (manifestly erroneous). … Morgan, abundantly qualified in pharmacology, with a Ph.D. and much teaching experience in that field, negated the probability that the Sulfatrim could have caused Regan’s stroke.

Display South, Inc. v. GRAPHICS HOUSE SPORTS PRO., INC.

992 So. 2d 510 · Louisiana Court of Appeal · Jun 6, 2008

Such is clearly the case here. In its answers to interrogatories, GH stated that it bought fax numbers from a database company, Info USA. Daniel J. … Display South established through the testimony of its sole owner and president, Jean Whitaker Denman, that it received two faxes from GH during 2003.

State of Louisiana v. Casey Lejeune

Louisiana Court of Appeal · May 2, 2024

Calogero testified that the State had informed him that Defendant qualified as a “triple lifer.” … LeJeune was a “triple lifer” if he went to trial, I clearly, forcefully and in terms that left nothing to the imagination, repeatedly informed Mr.

Moore v. Conagra Poultry Co.

893 So. 2d 137 · Louisiana Court of Appeal · Jan 26, 2005

We further hold that such evidence can qualify as "competent evidence," provided that the evidence has some degree of reliability and trustworthiness and is of the type that reasonable persons would rely upon. … By virtue of the July 1, 2002 order from her doctor preventing Moore from working until she had surgery, Moore established by clear and convincing evidence that she was disabled from employment.

Redmond v. City of Lafayette

594 So. 2d 566 · Louisiana Court of Appeal · Feb 12, 1992

Louisiana jurisprudence on the issue of the reasonableness of a municipal annexation is well established. … On the other hand, the reasonableness of the annexation at issue herein was clearly established in the trial court by the affidavits of Clyde M.

Alexander v. Toyota Motor Sales, U.S.A.

2011 La.App. 1 Cir. 1259 · Louisiana Court of Appeal · Mar 6, 2013

Lakeside does qualify as a “seller” under the LPLA. … The plaintiffs clearly failed to meet this burden.