Case law

Easton v. Chevron Industries, Inc.

602 So. 2d 1032 · Louisiana Court of Appeal · May 28, 1992

The question of causation is largely factual in nature and will be upheld by an appellate court unless it is clearly wrong and unsupported by a preponderance of the evidence. Youngblood v. … They point out the inequity that results from not considering the immune employer's fault when comparing fault with a third party tortfeasor.

State v. Armant

719 So. 2d 510 · Louisiana Court of Appeal · May 27, 1998

Poche, the parish coroner, was qualified to serve on the sanity commission and to render an opinion as to defendant's capacity to proceed. The parties, in fact, stipulated to Dr. … Defendant understood the consequences of a guilty verdict, but considered himself immune from a conviction. In his opinion, defendant would not be able to assist counsel in locating and preparing witnesses. Dr.

Succession of Jeanine S. Passafume Vs.

Louisiana Court of Appeal · Dec 12, 2024

Generally, appellate court’s review of factual determinations is the manifest error-clearly wrong standard. Succession of Fanz, 2019-0503, p. 5 (La. App. 4 Cir. 1/29/20), 364 So.3d 119, 123 (quoting White v. … This Court explained that Louisiana statutory law establishes that the trial court has the authority to place legatees in possession of succession property upon the filing of petition for possession; after

Chenevert v. Hilton

2007 La.App. 3 Cir. 1223 · Louisiana Court of Appeal · Mar 5, 2008

Chenevert was qualified to receive social security disability payments from testifying to this fact." … that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity such officer shall not be held liable for any costs, including attorney's fees, unless such action was clearly

Boykin v. PPG Industries, Inc.

2008 La.App. 3 Cir. 0117 · Louisiana Court of Appeal · Jun 18, 2008

In granting PPG's motion for summary judgment, the trial court stated that the depositions in evidence established that D & Z's training of Ms. … Boykin for any damages sustained due to the negligence of any other party. [5] Louisiana Civil Code Article 2323 requires this separate assessment even though D & Z may be immune from tort liability to Ms.

Cannella v. Gulf Refining Co.

154 So. 406 · Louisiana Court of Appeal · Apr 23, 1934

It is true that Adrian had been exposed to practically the same conditions for many years without injury, hut it would not he unreasonable to conclude that his immunity was because of the state of his health and his ability … The court finally concluded that the evidence did not establish that arsenical poisoning was a disease incidental to the occupation in question and affirmed the award in favor of the plaintiff.

State ex rel. Board of Ethics for Elected Officials v. Green

540 So. 2d 1185 · Louisiana Court of Appeal · Feb 28, 1989

La.R.S. 18:1511.1 A provides: The Supervisory Committee on Campaign Finance Disclosure is established. … Board established. There is hereby established in the Department of Civil Service the Board of Ethics for Elected Officials to be domiciled in the city of Baton Rouge. B.

State v. Campbell

2015 La.App. 4 Cir. 0017 · Louisiana Court of Appeal · Jun 24, 2015

“The determination of credibility is a question of fact within the sound discretion of the trier of fact and will not be disturbed unless clearly contrary to the evidence.” Richards, supra (citing State v. … Neither officer was qualified as an expert; they both testified based on their experience as narcotics officers. 9 Sergeant O’Brien testified that “[i]nside one of the kitchen cabinets on top of the shelf there was two Good

Franklin Southland Printing v. Noab

739 So. 2d 977 · Louisiana Court of Appeal · Jul 27, 1999

A trial court's findings of fact will not be disturbed unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous. … Where two reasonable views of the evidence exist, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong.

Graves v. Lou Ana Foods, Inc.

604 So. 2d 150 · Louisiana Court of Appeal · Aug 13, 1992

Holston Well Service, Inc., 488 So.2d 934 (La.1986), Lou Ana was Graves's statutory employer and thereby immune from tort liability. … Clearly, Graves was not injured "due to defects or alleged defects and material or workmanship of any item or product delivered" under the purchase order.

State v. Oliphant

13 La.App. 3 Cir. 473 · Louisiana Court of Appeal · Nov 20, 2013

The analysts’ certificates — like police reports generated by law | ^enforcement officials — do not qualify as business or public records for precisely the same reason. … The second circuit concluded that the report was clearly testimonial as explained in Melendez-Diaz , but that “[a]s-suming, arguendo, that the report in this case violated the Sixth Amendment, it would still be subject to

Ouachita Parish Police Jury v. AM. WASTE AND POLLUTION CONTROL CO.

606 So. 2d 1341 · Louisiana Court of Appeal · Oct 14, 1992

This is so regardless of whether the substance qualifies as RCRA "hazardous waste." … On the contrary, it has proved the violation sufficiently to establish a prima facie case against American Waste.

Family Care Services, Inc. v. Owens

46 So. 3d 234 · Louisiana Court of Appeal · Aug 11, 2010

Dapremont, 844 So.2d 877 (4th Cir.2003) (plaintiff was clearly entitled to injunction with bond; however, the trial judge did not require security. … that during his/her employment by FAMILY CARE and for a period of two (2) years following the termination or resignation of such employment for any reason whatsoever, he/she shall not within the Area, set up, start up, establish

Cynthia Cannady v. Dr William Yates and Mary Stell, NP

Louisiana Court of Appeal · Apr 10, 2024

R.S. 40:1231.2(B) provides, in pertinent part: *** (2) A health care provider qualified under this Part is not liable for an amount in excess of one … agency has the power to require a medical inspection of the need of each claimant for medical care benefits every six months without a court order and more often with a court order. *** In establishing

Neathamer v. Singleton

15 La.App. 5 Cir. 411 · Louisiana Court of Appeal · Dec 23, 2015

the finding is clearly wrong or manifestly' erroneous. … This constitutional function gives an appellate court the right to determine whether the trial court verdict was clearly wrong based on the evidence, or clearly without evidentiary support. Id.

Darrin Morgan and Kimberly Kay Morgan, on behalf of their minor child, Layla Rae Morgan, f/k/a Malayshia Denise Kinchen v. State of Louisiana through the Department of Children and Family Services, Leonard Burton and Christel Burton

Louisiana Court of Appeal · Feb 21, 2020

After reviewing the parties' responses to the directives set forth in this court' s show cause order, we conclude that the parties have failed to establish or otherwise show by briefs that the March 29, 2019 judgment is … In the absence of a valid final judgment clearly stating the party or parties in favor of whom the ruling is ordered and the exact relief granted or denied by the judgment, we are constrained to conclude that this court

Barham & Arceneaux v. Kozak

874 So. 2d 228 · Louisiana Court of Appeal · Mar 12, 2004

It establishes only that M & M and Kozak had jointly undertaken to represent these clients. … The trial court clearly did not find Kozak to be a credible witness.

State v. Platt

998 So. 2d 864 · Louisiana Court of Appeal · Dec 3, 2008

Credibility determinations lie within the sound discretion of the trial court and its rulings will not be disturbed unless clearly contrary to the evidence. … Promises of immunity from prosecution, clemency, or leniency, inducements and implied promises will void a defendant's confession.

Tran v. Petroleum Helicopters

2000 La.App. 3 Cir. 0051 · Louisiana Court of Appeal · Jun 28, 2000

An appellate review is generally concerned with two considerations: 1) whether there exists a reasonable factual basis in the record for the finding of the trial court, and 2) whether the record establishes that the finding … Nothing herein shall be construed to prevent any employer from carrying his own insurance towards his own employees; nothing herein shall apply to an employer qualified under the laws of this state to engage in the liability

Bruno v. Department of Police

451 So. 2d 1082 · Louisiana Court of Appeal · Jun 6, 1984

The evidence clearly shows that no such permission was ever sought or granted. … Martin then withdrew the order to return to work, but reminded Bruno that only a few days before, he had been found fit for duty by a qualified physician.