Case law

State v. Williams

458 So. 2d 1315 · Louisiana Court of Appeal · Oct 9, 1984

The standard established by La.C. … Furthermore, the remarks were clearly an appeal to the emotions of the jurors.

Beno's, Inc. v. Professional Gaming Technology

1 La.App. 3 Cir. 0436 · Louisiana Court of Appeal · Oct 3, 2001

(PGT), a corporation in the business of placing and operating video poker devices in qualified commercial establishments, wherein it gave PGT the exclusive right to place and operate video poker devices in Beno’s “business … The renewal agreement at issue in this litigation clearly and explicitly provides for a five-year term “commencing on the date [the renewal agreement] is signed.” (Emphasis added).

State v. Housley

117 So. 3d 1288 · Louisiana Court of Appeal · Jun 26, 2013

Olivia Thornhill Jones was qualified as an expert “sexual assault examiner.” … Monnie Malakhai was qualified as an expert in the field of DNA analysis.

Mrs. Salvatore Paul Provenza, Sr., Salvatore Paul Provenza, Jr., Victoria C. Provenza, and the Unopened Succession of Salvatore Paul Provenza, Sr. v. The City of Bossier City, Louisiana, Bossier Parish, Louisiana, Pam Glorioso, Individually and in her Official Capacity as an Employee of the City of Bossier City, Louisiana, and H & W Demolition, Inc.

Louisiana Court of Appeal · Jun 30, 2021

Abandonment functions to relieve courts and parties of lingering claims by giving effect to the logical inference that a legislatively designated extended period of litigation inactivity establishes the intent to abandon … The plaintiffs also argue that they “clearly” did not intend to abandon the action because they “engaged in discovery pre-trial motion practice.”

ENTERGY LOUISIANA, INC. v. James

974 So. 2d 838 · Louisiana Court of Appeal · Jan 23, 2008

Did the Trial Court err in its determination that there was a prior trim point established by or on behalf of Entergy Louisiana, Inc.? 5. Did the Trial Court err in dismissing Paul R. … them cannot be manifestly erroneous or clearly wrong.

Montgomery v. C & C SELF ENTERPRISES, INC.

10 La.App. 3 Cir. 705 · Louisiana Court of Appeal · Mar 30, 2011

To reverse the trial court's judgment, this court must conclude: (1) that the record contains no reasonable factual basis for the trial court's finding; and, (2) that the record establishes trial court's finding clearly wrong … Therefore, the record contains a reasonable factual basis for the trial court's conclusion, and the record does not establish that the trial court's findings were clearly wrong.

Frank Alaimo v. Racetrack at Evangeline Downs, Inc.

Louisiana Court of Appeal · Feb 2, 2005

or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity … Here, the plaintiff established that the horse was lost. 1 The plaintiff explained that, in a race won by the horse, the successful jockey is paid ten percent of the horse’s earnings.

State v. Ramirez

2013 La.App. 4 Cir. 1554 · Louisiana Court of Appeal · Nov 12, 2014

The reviewing court shall not disturb the fact-finder’s determination concerning the credibility of witnesses when reviewing sufficiency of the evidence | ^claims unless it is clearly contrary to the evidence. State v. … . 14:37.1 defines assault by drive-by shooting as an “assault committed with a firearm when an offender uses a motor vehicle to facilitate the assault.” *640 The defendant only challenges the sufficiency of the evidence establishing

Crooks v. Department Of Natural Resources

263 So. 3d 540 · Louisiana Court of Appeal · Dec 28, 2018

The district court erred in its application of the multi-factor test established by the Louisiana Supreme Court in State v. … Michael Mayeaux was qualified as an expert in the field of land surveying.

Abraham v. Richland Parish Hospital Service District 1-B

938 So. 2d 1163 · Louisiana Court of Appeal · Aug 23, 2006

In order to establish a cause of action for monopoly, the pleadings must state facts sufficient to show that defendant (1) possessed monopoly power in a clearly defined economic and geographic market (the relevant market) … However, the federal court dismissed the federal antitrust claim on the grounds that the defendants were entitled to immunity from federal antitrust suits.

State v. Monette

758 So. 2d 362 · Louisiana Court of Appeal · Mar 22, 2000

. *364 New Orleans Police Department Criminalist Corey Hall was qualified by stipulation as an expert in the field of forensic chemistry. Mr. … Finally, the State did not provide evidence establishing that the defendant had in any way attempted to obtain cocaine.

Quinn v. State, Through Dept. of Highways

464 So. 2d 357 · Louisiana Court of Appeal · Feb 1, 1985

3) Was Sylvanus Walker qualified as an expert in accident reconstruction and was his explanation based on the evidence? … The State devoted some eleven pages of its brief in an attempt to establish that Mr. Walker's conclusions were not valid.

King v. Mason

95 So. 2d 705 · Louisiana Court of Appeal · Jun 28, 1957

We are of the opinion that the facts in this case bring it clearly within the exception to the rule * * *." … The authority cited is clearly inapplicable to the situation here. As pointed out heretofore, Mason handled no products.

Proshee v. Shree, Inc.

893 So. 2d 939 · Louisiana Court of Appeal · Feb 2, 2005

This exclusion applies to all individuals or entities qualifying as an insured under Section II — Who Is An Insured, including any and all Additional Insureds." EXCLUSION — ASSAULT AND BATTERY 1. … exclusion would apply regardless of who committed the battery, the Court found that the insurer was required to show the lack of a genuine factual dispute that plaintiff's injuries resulted from an intentional tort in order to establish

Deville v. LaGrange

379 So. 2d 37 · Louisiana Court of Appeal · Mar 21, 1980

The evidence clearly preponderates, then, in favor of plaintiff being the father of the child." … Donald Ray admitted that he collaborated with Marie (by helping her rent an apartment) in order that Marie and the child would qualify for welfare payments as support.

Spiers v. Consolidated Companies, Inc.

125 So. 2d 795 · Louisiana Court of Appeal · Mar 21, 1960

The rule established in the Rottman case was extended in Jackson v. … Such statements had been made without qualification, and what we held in the Rottman case was 'that such statements were too broad, and we qualified the rule by holding that, when a defendant sees another in peril of which

Pousson v. United Parcel Service

2005 La.App. 3 Cir. 460 · Louisiana Court of Appeal · Dec 30, 2005

abuse policy which requires employer-administered drug testing prior to employment or return *614 to work, upon the employee’s failure to meet the requirements of such employer’s established policy and inability to qualify … “In applying the manifest error-clearly wrong standard, the appellate court must determine not whether the trier of fact was right or wrong, but whether the factfinder’s conclusion was a reasonable one.” Id. at 556 .

Istre v. Meche

916 So. 2d 307 · Louisiana Court of Appeal · Nov 2, 2005

They argued that Officer Buchanan was not negligent and that he and the City of Rayne were immune from liability pursuant to La.R.S. 9:2798.1(B). Plaintiffs opposed the motion. … I find that there are clearly genuine issues of material fact that must be determined by a trier of fact at a trial on the merits and that summary judgment is not appropriate at this stage of the proceedings.

State v. Monk

454 So. 2d 421 · Louisiana Court of Appeal · Aug 10, 1984

BY THE COURT: I rule that he's qualified." Defendant contends that the refusal of the challenge for cause by the trial judge of Mr. Steadman was in error. … BY THE COURT: I think the Voir Dire examination speaks clearly for itself on the relationship and how she will act as a juror.

Waller v. State, Department of Health & Hospitals

11 La.App. 3 Cir. 643 · Louisiana Court of Appeal · Nov 9, 2011

and, 2) does the record indicate that the finding was clearly wrong? Id. … “A contract is formed by the consent of the parties established through offer and acceptance.” La.Civ.Code art. 1927.