Case law

Davis v. Kreutzer

633 So. 2d 796 · Louisiana Court of Appeal · Feb 25, 1994

(RTCG) and the City of New Orleans (City) to establish a Riverfront Streetcar Line in the City of New Orleans. … Future medical expenses must be established with some degree of certainty. Mistich v.

Smith v. STATE, DEPARTMENT OF SOCIAL SERVICES AND EDUCATIONAL AND TREATMENT COUNCIL, INC.

806 So. 2d 126 · Louisiana Court of Appeal · Dec 28, 2001

Upon application of the tutor or parent who would otherwise be the proper plaintiff to sue pursuant to Paragraph B or C, the court shall appoint or substitute as the proper plaintiff the best qualified among the tutor, parent … However, the legislature has established two exceptions to the one year prescriptive period for minors in cases of sexual abuse.

State Ex Rel. Hmd

35 So. 3d 426 · Louisiana Court of Appeal · Apr 7, 2010

Additionally, we review the trial court's findings of fact under a manifest error/clearly wrong standard. Id. The eight reasons listed in the state's petition for termination of J.D.' … Having concluded that the trial court was not clearly wrong in determining that a ground for termination exists, we turn to the "best interest" issue.

Richard v. Artigue

2011 La.App. 3 Cir. 1471 · Louisiana Court of Appeal · Apr 4, 2012

that the fact finder is clearly wrong or manifestly erroneous. … Her former job qualifies as sedentary work. The accident occurred in October, 2007, and Richard did not cease working until early in 2010 when she was fired by the Lynd Company.

Glod v. Baker

899 So. 2d 642 · Louisiana Court of Appeal · Mar 23, 2005

There is no qualifying language attached to this [time limit]. … The acts which occurred after January 29, 1997 do not qualify as unfair trade practices as a matter of law.

Sass v. National Union Fire Insurance Co.

689 So. 2d 742 · Louisiana Court of Appeal · Mar 5, 1997

Moreover, the privilege created by the work-produet doctrine is qualified, not absolute. Hodges, 433 So.2d at 131 . Discovery statutes should be liberally construed to achieve their purpose. Hodges v. … In the instant case, clearly neither the statement nor the report sought by the plaintiffs was prepared by the defendants’ attorneys- or investigators in anticipation of litigation or in preparation for trial.

Giamanco v. Giamanco

131 So. 2d 159 · Louisiana Court of Appeal · Jun 19, 1961

The Article of the Code clearly contemplates proof on both sides; and the presumption from the fact above mentioned, if it exists, is certainly a very light one. … Gremillion who was qualified as an expert building contractor. His estimate was that the construction costs of the original restaurant building were $34,500.

Detraz v. Lee

900 So. 2d 1099 · Louisiana Court of Appeal · Apr 13, 2005

Henderson described precisely how difficult, although clearly not impossible, it would be to contract such an infection. … Detraz's inconsistent deposition testimony regarding the date of the pedicure, by the time of trial the date was clearly established. Ms.

Deon Danna v. the Ritz-Carlton Hotel Company, L.L.C., Marriott International, Inc., Russell Miller, and Zachary Curry

Louisiana Court of Appeal · Mar 24, 2021

The Louisiana Code of Evidence allows a witness to qualify as an expert witness by knowledge, skill, experience, training or education. La. … of the trial court, and 2) the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous).

State Farm Mutual Automobile ins.co. A/S/O Jason J. Lopez v. Dustin P. Smith

Louisiana Court of Appeal · Mar 9, 2011

McMannus 3 qualified as a proper witness under the business records exception and that her testimony was adequate to establish a foundation for the introduction of the evidence … fact finder is clearly wrong or manifestly erroneous.

CHASHOUDIAN v. Pate

2008 La.App. 1 Cir. 2111 · Louisiana Court of Appeal · May 26, 2009

Jones, 180 So.2d 803, 804-05 (La.App. 4 Cir.1965), for a qualifying view. The court explained why claims for salary and workers’ compensation benefits could be exempt. … If the exemption applied to “All dogs, cats, and household pets,” clearly all dogs would be covered. The exemption applies, however, to “All dogs, cats, and other household pets.” (Emphasis added.)

Beebe v. Larche

184 So. 3d 729 · Louisiana Court of Appeal · Nov 18, 2015

Ms., Beebe argues that the judgment clearly recognized the validity of the indemnification lease, exonerated Mr. Larche from claims by Ms. Beebe and directed that Mr. … The judgment does not appear clearly contrary to the law or evidence. The trial court did not abuse its discretion when refusing to consider Mr.

State v. Cooper

830 So. 2d 440 · Louisiana Court of Appeal · Oct 23, 2002

I, Section 5, and the guidelines established by Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968) and its progeny. … Upon the approach of clearly-identifiable police officers, a person's presence in a high crime area, late at night, coupled with nervousness or flight or other suspicious actions consistent with criminality is sufficient

ST. TAMMANY PARISH HOSP. SERVICE DISTRICT NO. 2 v. Schneider

808 So. 2d 576 · Louisiana Court of Appeal · May 11, 2001

Such is clearly not the case here. Sugarland, 476 So.2d at 976 . Such is also clearly not the case in the matter we are reviewing. … Although the trial court did not specifically enumerate the factors used in reaching its conclusion, it found there was insufficient evidence to establish SMH acted in bad faith or abused its expropriation authority.

Treadaway v. Plaquemines Parish Democratic Committee

193 So. 609 · Louisiana Court of Appeal · Feb 12, 1940

In his petition, the contestant Treadaway alleges, in substance; as follows: That he is a duly qualified elector of the Ninth Ward of the Parish of Plaquemines; that he is a candidate for the democratic nomination for the … He says that the grounds set forth by him in the amended pleading merely amplify the complaints urged in the original petition and that therefore, under the well established jurisprudence, he should have been permitted to

Exxon Corp. v. Foster Wheeler Corp.

805 So. 2d 432 · Louisiana Court of Appeal · Dec 28, 2001

Clearly, the elbow portion of the pipe spool does not fit into any of the enumerated categories listed in paragraph one of article 466. … Clearly, it was permanently attached and had remained in place indefinitely.

Ashy v. Trotter

888 So. 2d 344 · Louisiana Court of Appeal · Nov 10, 2004

ORAL CONTRACT AND APPARENT AUTHORITY Louisiana Civil Code Article 1927 states: A contract is formed by the consent of the parties established through offer and acceptance. … On appeal, we will not disturb the trial court's vast discretion in determining the admissibility of expert testimony unless it is clearly erroneous. See Mistich v.

Rutherford v. Chiles Offshore Co.

558 So. 2d 263 · Louisiana Court of Appeal · Mar 14, 1990

Exceptions to the general rules of venue are strictly construed because they are in derogation of a common right, and the party claiming such an exception must clearly bring itself within the terms of the exception. … From our analysis hereinabove, it is evident that Sabine Parish did not qualify as a forum where the action might have been properly brought. Therefore, we have no basis to order such a transfer to Sabine Parish.

1100 South Jefferson Davis Parkway, LLC v. Williams

2014 La.App. 4 Cir. 1326 · Louisiana Court of Appeal · May 20, 2015

STANDARD OF REVIEW It is well-established that 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. Howard v. Louisiana Citizens Prop. … As I mentioned to you, this is a state contract and my client has been qualified as the low bidder.

State v. Jackson

523 So. 2d 251 · Louisiana Court of Appeal · Feb 24, 1988

The advice of rights form clearly specifies that the defendant was being questioned about the armed robbery of Mr. Will Ross Henry. … Basically, the defendant objects to going outside the four corners of the form to establish that the defendant signed the form and to establish the date and time the form was signed.