Case law

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

Porbeck v. Industrial Chemicals (US) Ltd.

13 La.App. 3 Cir. 1241 · Louisiana Court of Appeal · Mar 5, 2014

With regard to the underlying facts in this litigation, the evidentiary record establishes that in the summer of 2006, Mr. … Ducote’s testimony, it is further obvious that ICL did everything it could to secure the services of a highly qualified engineer.

Nelson v. Zurich Insurance

165 So. 2d 489 · Louisiana Court of Appeal · May 28, 1964

However, it is significant to note that in all cases holding that the violation of traffic laws or safety ordinances constitutes negligence per se, the courts have been meticulous in qualifying the effect of such definition … Although not so denominated in the opinion of the Supreme Court, its conclusion was clearly predicated upon a finding of manifest, or at least reversible, error on the part of both the trial and the appellate courts.

Shanks v. Exxon Corp.

984 So. 2d 53 · Louisiana Court of Appeal · Dec 21, 2007

Pursuant to law, a royalty is a right to share in gross production "free of mining or drilling and production costs," unless expressly qualified by the parties. LSA-R.S. 31:80. … Clearly, this position cannot prevail.

Trahan v. CITY OF JENNINGS, ETC.

411 So. 2d 1242 · Louisiana Court of Appeal · Mar 10, 1982

Thus, as department personnel qualify for higher positions by taking the requisite examinations, such higher ranks are reflected in the chain of command. … Further, plaintiff's own testimony clearly establishes that he had knowledge that his contact with the media regarding police business absent permission from his superior officers was proscribed by the applicable rules and

Evans v. Olinde

609 So. 2d 299 · Louisiana Court of Appeal · Nov 4, 1992

We also find the jury was not clearly wrong in apparently applying the sudden emergency doctrine to absolve Olinde of fault. … In our view, the preponderance of the evidence establishes that the items examined by Adams were the same items removed from Otterstatter's car by Brassett and Moody.

In re Harrier Trust

264 So. 3d 526 · Louisiana Court of Appeal · Jan 30, 2019

Marshall's appointment of the five co-trustees, is not available in a case where the answer to the question at issue is clearly provided by the Trust. … Marshall's appointments, asserting that the individuals chosen are not qualified and that they have ulterior motives, rendering them interested rather than disinterested parties.

Scarbrough v. J. Ray McDermott

2002 La.App. 4 Cir. 1235 · Louisiana Court of Appeal · Nov 20, 2002

Stumpfs affidavit in which he attests to the following facts that clearly establish J. Ray Vessels’ lack of minimum contacts with this state; to wit: • It is a foreign corporation registered in the Cayman Islands. … Ray’s vice-president, notifying the Secretary of State of that change in its principal business establishment. The Secretary of State certified that J. Ray's principal business establishment is in Amelia. .

State v. Hernandez

478 So. 2d 1326 · Louisiana Court of Appeal · Nov 12, 1985

The record clearly shows that defense counsel did not object to the testimony of any of these witnesses. … Accordingly, we cannot say the trial judge clearly abused his discretion; therefore, we find no merit in this assignment.

All State Credit Plan Houma, Inc. v. Fournier

175 So. 2d 707 · Louisiana Court of Appeal · May 24, 1965

Generally in the former, with some qualifying description, it has been held to be sufficient to affect third parties, whereas in the latter, it has been held not to be sufficient. … It is significant, however, the court clearly indicated that failure to recite the serial number would have deprived the mortgagee of his lien had there been other similar units on the leased premises. While Hamner v.

Vantage Health Plan, Inc. v. ACMG, Inc.

830 So. 2d 398 · Louisiana Court of Appeal · Oct 23, 2002

As such, the petition clearly falls under ERISA preemption. … Equitable Life Assurance Society of the United States, 841 F.2d 658 (5th Cir.1988) (third party administrator’s authority to grant or deny claims, to manage and disburse fund assets and to maintain claims files clearly qualifies

DePaul Hospital v. Every

96 La.App. 5 Cir. 39 · Louisiana Court of Appeal · Aug 28, 1996

He felt that she was clearly not a candidate for a full-time job. … However, he qualified his statement in his letter to the rehabilitation counsel by his testimony at trial. At trial, Dr. Manale stated that Every needs a FCE to determine the extent of her disability.

In re A.J.F.

0 La.App. 5 Cir. 262 · Louisiana Court of Appeal · Mar 23, 2000

Our well-established public policy supports this conclusion. … The record does not establish such a commitment.

State v. Coleman

121 So. 3d 703 · Louisiana Court of Appeal · Jul 17, 2013

When the latter exception has *714 been established, the accused may offer evidence of specific instances of dangerous conduct and domestic violence without establishing a hostile demonstration or overt act by the victim. … The prosecutor objected on the grounds that the testimony failed to qualify under La. C.E. 404(A)(2).

John Ford Dietz v. Anne Bennett Morrison Dietz

Louisiana Court of Appeal · May 6, 2015

As this litigation clearly established, Mrs. Dietz was not satisfied in pursuing Mr. … that the finding is clearly wrong (manifestly erroneous).

Phillips v. Wagner

470 So. 2d 262 · Louisiana Court of Appeal · May 13, 1985

The agreement clearly reflects the $8,000 payments for household expenses were in lieu of alimony pendente lite by a formal court judgment. Alternatively Mr. … We agree with the trial court that these expenses were intended to be covered by the original agreement and do not qualify as extraordinary expenses.

Everhardt v. LOUISIANA DOTD

978 So. 2d 1036 · Louisiana Court of Appeal · Feb 20, 2008

The diaries establish that the shoulder was not brought up to *1043 grade until 6 July 1998. … that the fact finder is clearly wrong or manifestly erroneous.

City Bank & Trust Co. v. White

434 So. 2d 1299 · Louisiana Court of Appeal · Jun 29, 1983

Burden of establishing signature, defenses and due course * * * * * * "(2) When signatures are admitted or established, production of the instrument entitles a holder to recover on it unless defendant establishes a defense … As explained below we find that defendant has established a valid defense.

Gerald Janise v. Acadian Ambulance Service, Inc.

Louisiana Court of Appeal · Apr 25, 2018

The defendants answered, responding, in pertinent part: “Defendant avers that, by statute, it is entitled to qualified immunity due to the use of the ambulance’s lights and siren, and, therefore, may not be held liable … It is well settled that an appellate court may not disturb a jury’s finding of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly