Case law

State Ex Rel. Ieyoub v. Bordens, Inc.

684 So. 2d 1024 · Louisiana Court of Appeal · Nov 27, 1996

The civil petition does not clearly set out the time periods. The federal complaint, which arose pursuant to a federal grand jury investigation, stated that Borden's activities continued at least until June, 1989. … The petition erroneously declares that "antitrust liability is established, leaving only damages to be proven at trial."

State of Louisiana v. Charles Williams

Louisiana Court of Appeal · Jul 16, 2025

A suspension lasts from the date a qualifying motion is filed until the date the trial court rules on the motion. … Because Williams’ plea agreement was clearly set forth in the record at the time of his plea, he is statutorily precluded from review.

Freeman v. Best Western Richmond Suites Hotel

97 La.App. 3 Cir. 1462 · Louisiana Court of Appeal · Apr 22, 1998

Robbins has been practicing medicine since 1952, is board qualified in surgery and emergency medicine, and has performed operative orthopaedics as a part of his surgical practice since the 1950s. Dr. … Further, the court clearly stated that it did not believe Freeman deliberately intended to deceive anyone, and also added that her final determination was almost wholly based upon the testimony and demeanor of the witnesses

Alvin Fairburn & Associates, LLC v. Marshall Henry Harris and Cindy Wale

Louisiana Court of Appeal · Oct 18, 2021

He contended that Kistler could not establish that his statement was either defamatory per se or susceptible of a defamatory meaning. … In opposition to the motion, Kistler contended that she established factual support for the elements of her claim.

Smith v. W. Horace Williams Company

84 So. 2d 223 · Louisiana Court of Appeal · Jan 3, 1956

Newman found evidences of the limited fractures, but very clearly stated that the plaintiff could return to work if he was willing to do so. … From what we have already said it clearly appears that in our opinion there was nothing capricious or arbitrary about the refusal to make payment in this case.

Miller v. City of New Orleans

95 La.App. 4 Cir. 1005 · Louisiana Court of Appeal · Dec 14, 1995

or unless it is clearly wrong. … In order to establish entitlement to these benefits, a claimant must show that because of his injury, he is no longer able to earn wages equal to 90% or more of the wages earned prior to the injury. Schmitt v.

Atkinson v. Harbor Homeowners Ass'n

2016 La.App. 4 Cir. 1141 · Louisiana Court of Appeal · May 24, 2017

Thereafter, if the adverse party fails to produce factual support sufficient to establish that it will be able to satisfy its evidentiary burden of proof at trial, no genuine issue of material fact exists, and the movant … The text clearly states that the proxy “shall be valid only for the particular meeting designated therein.” The alleged proxy does not contain a meet *190 ing date on its face, or . anywhere else in the document.

Compte v. Rateau

242 So. 2d 82 · Louisiana Court of Appeal · Dec 7, 1970

Plaintiffs’ suit against Rateau and Texaco was clearly an action in tort based on Rateau’s alleged negligence. … We simply hold that plaintiffs have failed to establish any right to recovery of damages against the defendant Leson under the facts of this case.

State v. Rodgers

202 So. 3d 1187 · Louisiana Court of Appeal · Oct 26, 2016

Ann Troy, a forensic nurse practitioner qualified as an expert in child maltreatment, physical abuse, and sexual abuse, interviewed and examined Jane at the Audrey Hepburn Care Center at Children’s Hospital. Ms. … Clearly, the jury chose to accept the uncontroverted, consistent portions of Jane’s testimony in spite of any alleged inconsistencies therein.

Natchitoches Parish Port Commission v. Deblieux & Kelley, Inc.

760 So. 2d 393 · Louisiana Court of Appeal · Mar 22, 2000

Those powers included doing anything necessary to establish, operate, and maintain a public port. See La.R.S. 34:3153. … All four experts who valued the property are eminently qualified as real estate appraisers.

Gravois v. Succession of Trauth

498 So. 2d 140 · Louisiana Court of Appeal · Nov 10, 1986

Assumption of the risk and contributory/comparative negligence are well-established affirmative defenses to other automobile torts. … He qualified Dr. McGary's conclusions to some extent by stating that individuals show variable signs of intoxication at different levels of alcohol consumption.

Martinez v. Schumpert Medical Center

655 So. 2d 649 · Louisiana Court of Appeal · May 10, 1995

Evidence further establishes that, despite the admitted negligence of the hospital in accessing Martinez, there was nothing that could have been done to prevent the stroke or the damage caused. Mr. … This argument by the plaintiff is clearly unfounded.

First Page v. Network Paging Corp.

628 So. 2d 130 · Louisiana Court of Appeal · Nov 30, 1993

It is the conclusion drawn from the uncontroverted facts that we find to be manifestly erroneous/clearly wrong. Canter V. … Laws in derogation of established rights of long-standing are to be strictly construed. Touchard v.

Brown v. Homer-Doyline Bus Lines

23 So. 2d 348 · Louisiana Court of Appeal · Jun 29, 1945

Aided by the skillful questioning of his counsel, an attempt was made by the defendant, Lowe, to qualify his testimony to such extent as would leave the impression that all the zig-zagging maneuvers of the truck occurred … Lowe's testimony as to the last second development of the zig-zagging course of the truck appears to us to have been clearly the result of afterthought, and is directly in conflict with his statement that the possibility

Pitts v. Bailes

551 So. 2d 1363 · Louisiana Court of Appeal · Oct 4, 1989

Robert Lipp was qualified for the Pitts as an expert in the field of accident investigation, highway design, maintenance, and standards. … After carefully reviewing the evidence, we find the jury was clearly wrong in attributing 3% fault to Ray Pitts, Jr.

State v. Lynch

655 So. 2d 470 · Louisiana Court of Appeal · May 5, 1995

Thus, he possessed sufficient firsthand knowledge of his expected release date and was qualified to answer the State's question. See La.C.Evid. art. 602. … The record clearly shows that the trial court enumerated its reasons for deviating from the guidelines.

Southlake Dev. v. Secretary, Dept. of Rev.

745 So. 2d 203 · Louisiana Court of Appeal · Nov 5, 1999

R.S. 47:6006, thereby qualifying for the inventory tax credit granted by the statute. 3. … However, exemptions from taxation are strictly construed and must be clearly, unequivocally and affirmatively established. Goudchaux/Maison Blanche, Inc. v. Broussard, 590 So.2d 1159, 1161 (La.1991).

Arriaga v. Reliance Ins. Co. of Illinois

564 So. 2d 832 · Louisiana Court of Appeal · Jul 13, 1990

Clearly, the trial court gave great weight to a videotape introduced into evidence which shows plaintiff performing chores and engaging in other physical activities outside his house. … The medical testimony previously reviewed establishes that plaintiff has a partial disability rating of approximately 30% to his left lower extremity.

Patterson v. Holmes

464 So. 2d 394 · Louisiana Court of Appeal · Feb 26, 1985

TRIAL COURT The court established the boundary line between plaintiffs and Grezaffi as the section line between Section 54 and 55. … With regard to the boundary line between plaintiffs and defendants’ (Grezaf-fi) the chain of title clearly indicated that defendants’ property was located in Section 54 of T-2-S, R-7-E.

State v. Tucker

170 So. 3d 394 · Louisiana Court of Appeal · Jul 8, 2015

As outlined above, the facts presented sufficiently establish a prima facie case of conspiracy. … As outlined above, the evidence clearly supported a conviction for conspiracy to commit jury tampering.