Case law

Cupit v. Grant

425 So. 2d 847 · Louisiana Court of Appeal · Dec 22, 1982

All issues in a jury case must be presented to and decided by the jury. [2] We want it clearly understood that we are making no determination of the relationship between Grant and Louisiana Delta. … Culbertson, possessed of a PhD in economics, qualified as an expert in projected future earnings and testified that Terry Dale's expected loss of income would be $563,537.00. Dr.

State of Louisiana v. Jarrod Perkins

Louisiana Court of Appeal · Feb 4, 2026

However, effective August 1, 2021, the legislature amended the article to allow for people convicted of felonies to qualify to serve on a jury, so long as their imprisonment, probation, or parole was completed five years … Defendant, as the mover, bore the burden of establishing a purposeful discrimination in the selection of the petit jury venire. State v.

Holzenthal v. SEWERAGE & WATER BD. OF NO

950 So. 2d 55 · Louisiana Court of Appeal · Jan 10, 2007

Far from representing any modern trend toward the abolishment of the "artificial" shield of immunity for State agencies, the above decision of this court fully recognizes the constitutional shield of immunity for State agencies … Clearly, the instant case qualifies under subsections (1), (2) and (3). The trial court observed the testimony of the plaintiffs and found that the plaintiffs were credible witnesses.

Guillory v. State Farm Ins. Co.

662 So. 2d 104 · Louisiana Court of Appeal · Sep 28, 1995

The jury verdict was clearly contrary to the evidence or clearly wrong. ATTORNEY'S FEES As Mr. … Plaintiff argues in brief that he established a prima facie case of discrimination: he is a member of the protected class of African-Americans, he was qualified for his position as agent, State Farm took adverse action against

State v. Harvey

649 So. 2d 783 · Louisiana Court of Appeal · Jan 25, 1995

McCormick, who conducted the autopsy *789 on the victim, was qualified as an expert witness in forensic pathology. … The record shows each definition was clearly presented and distinguished.

In re Succession of Lawrence

650 So. 2d 398 · Louisiana Court of Appeal · Feb 1, 1995

Jones, Jr. had established his ownership of the funds by virtue of remunerative and onerous donations. Only the judgment declaring Jones the owner by virtue of remunerative and onerous donations is appealed. We affirm. … The trial judge found as a fact that Catherine Trahan provided services and assistance to Elma Theriot sufficient to qualify the gifts as remunerative donations.

Hill v. Sills

404 So. 2d 1323 · Louisiana Court of Appeal · Sep 29, 1981

Although not then employed, she was a registered X-ray technician, having qualified for this vocation in 1956. … Hill on a parttime basis as soon as she became established back in Jacksonville, at a pay rate of $5.50 per hour.

In re Scott

15 La.App. 3 Cir. 199 · Louisiana Court of Appeal · Oct 7, 2015

That pay was added to the qualifying officer’s salary. … as provided in R.S. 33:2471 or 33:2531 may establish a plan for awarding incentive pay: To classified employees.

David Stanley v. Lafayette Police Department

Louisiana Court of Appeal · Mar 25, 2026

These motions argued that Stanley’s constitutional claims were prescribed, that Stanley had failed to state a claim upon which relief could be granted, and that the individual defendants enjoyed qualified immunity. … federal court clearly would not have had jurisdiction to entertain the omitted state claim, or, having jurisdiction, clearly would have declined to exercise it[.]”

State v. Scott

2013 La.App. 4 Cir. 0321 · Louisiana Court of Appeal · Feb 26, 2014

Four of the convictions, including the 2006 Texas conviction, were qualifying, enumerated offenses for purposes of La. R.S. 14:95.1. … Taylor, and as such, clearly implicate him in the crime. This Court acknowledges that the “jail” tapes show that the defendant told Ms.

State v. Guidry

271 So. 3d 275 · Louisiana Court of Appeal · May 8, 2019

In the case at bar, the State argues that a substantial amount of evidence was presented that established Defendant's guilt. … I think he's more than qualified to do this. He's done over five thousand autopsies, he's done gunshot wounds, and I think he's more than qualified to testify in this area. THE COURT: Objection's overruled.

Reynolds Industrial Contractors v. Fox

935 So. 2d 783 · Louisiana Court of Appeal · Jun 28, 2006

Without proof from the deposition that clearly demonstrates deception and without an incident that would arguably remove the cause of Fox's condition from this work-place accident, forfeiture was not established by this testimony … Majors' deposition clearly establishes Fox's ability to return to light duty sedentary employment with a minor foot restriction, initially at a part-time level for a four to six week period.

Lancon v. Vallot

459 So. 2d 1360 · Louisiana Court of Appeal · Dec 12, 1984

Whether the trial court erred by accepting opinion testimony from witnesses not qualified nor accepted as experts. 4. … There was no survey conducted at the inception of the lease to establish lease boundaries. Mr.

Bunge North America, Inc. v. Board of Commerce & Industry and Dept. of Economic Dev.

991 So. 2d 511 · Louisiana Court of Appeal · May 2, 2008

This court affirmed the trial court's judgment and concluded that by granting an ad valorem tax exemption to a facility that did not qualify as a manufacturing establishment, the Board had clearly exceeded its constitutional … The assessor, as chief executive officer of the district, clearly had standing to bring a declaratory judgment action seeking a declaration of the constitutionality of La.Rev.

Gladys S. Gautreaux Versus West Jefferson Medical Center

Louisiana Court of Appeal · Apr 28, 2021

a qualified expert to testify as to the standard of care as Dr. … Grange is not qualified to 5 Dr.

City of Baton Rouge v. Bridge City Realty Co.

260 So. 2d 131 · Louisiana Court of Appeal · Mar 13, 1972

If the subject bluff land were for sale without the low land very clearly it would be almost comparable to the three properties in question. … Brown was more qualified in this particular industrial area of Baton Rouge. In Florida Gas Transmission Co. v.

Wilton Jones Company v. Liberty Mutual Insurance Company

248 So. 2d 878 · Louisiana Court of Appeal · Jun 21, 1971

Professor McMahon, at 21 La.Law Rev. 1, discussed these questions at length, showing clearly that the matter of abatement of actions was clearly tied in with the problems posed by Art. 2315. … It is well established that technical rules of pleadings no longer *896 obtain and all doubt must be resolved in favor of the pleader to the end that substantial justice will be achieved. Boudreaux v.

Griffith v. Latiolais

9 La.App. 3 Cir. 0824 · Louisiana Court of Appeal · Mar 3, 2010

The record establishes that for the first four years of his life, Cole was a well-adjusted, happy child. … court and the expert witness, La.Code Evid. art. 702 provides: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

State, Department of Highways v. Burden

180 So. 2d 784 · Louisiana Court of Appeal · Nov 16, 1965

In my opinion that establishes the market and a pattern. … Jones et al. (1959), 236 La. 612 , 108 So.2d 528 , the law that damage *790 must not be anticipated was clearly stated by the Supreme Court: "`The general law involved in this case is simply that the owner is entitled to

H. O'CONNOR, INC. v. JR Autenreith, Inc.

343 So. 2d 1090 · Louisiana Court of Appeal · May 5, 1977

From our review of the record we have concluded that the evidence is insufficient to establish that there was such a separate contract between Autenreith and Plumbers. … He qualified this testimony to the extent of the following answer given by him in response to a question as to whether or not there was to be a fee paid to his company at the conclusion of the job: "Well, this is a nebulous