Case law

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.

Lacey v. Baywood Truck & MacHinery

381 So. 2d 863 · Louisiana Court of Appeal · May 9, 1980

To prove the theoretical price to which the actual sale price should be reduced, a plaintiff attempts to establish the fair value as of the time of the sale, if the defects had been known. … A diminution of the price to zero is clearly erroneous. There was testimony that the salvage value of a truck of that type was $5,000. The new dump bed alone cost Baywood $3,100.

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).

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.

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).

State v. Ragas

744 So. 2d 99 · Louisiana Court of Appeal · Jul 28, 1999

The evidence established that Mr. Ragas had the opportunity to commit the offense or offenses. … It is well-settled that credibility decisions by the jury should not be disturbed unless such finding is clearly contrary to the evidence. State v.

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.

Edwards v. Sawyer Industrial Plastics, Inc.

739 So. 2d 856 · Louisiana Court of Appeal · Jun 18, 1999

Thus, the workers’ compensation judge was clearly wrong in concluding that the claimant was permanently and totally disabled pursuant to LSA-R.S. 23:1221(l)(c). … To qualify for supplemental earnings benefits, a plaintiff is required to prove by a preponderance of the evidence that a work-related injury resulted in the inability to earn 90% or more of the pre-injury wages.

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

JCM Const. Co., Inc. v. Orleans Parish School Bd.

860 So. 2d 610 · Louisiana Court of Appeal · Nov 17, 2003

Gegg qualified for surety credit through the SBA because of his character, job experience and financial statements. … The trial court qualified him as an expert in analyzing accounting and financial information. He was not qualified as an expert in economic analysis. Mr.

Boyd Louisiana Racing, Inc. v. Cynthia Bridges, Secretary, Department of Revenue and Taxation, State of Louisiana

Louisiana Court of Appeal · Jan 8, 2020

Absent evidence to the contrary, the language of the statute itself must clearly and unambiguously express the intent to apply to the property in question. … Further, the record establishes that Boyd Gaming had exclusive control of the concentrator account.

Ernst v. Taylor

17 So. 3d 981 · Louisiana Court of Appeal · May 6, 2009

Ernst established the applicable standard of care required of Dr. Taylor, it found that he did not breach that standard of care in his treatment of her. IsMs. Ernst appeals the jury’s finding. … Clearly, Ms. Ernst’s current treatment and physical condition were discussed with Dr. Butler. As in Coutee, 895 So.2d 631 , proper discovery methods were not followed, with notice given to Ms.

PHAC Services, Inc. v. Seaways Intern., Inc.

393 So. 2d 117 · Louisiana Court of Appeal · Nov 10, 1980

The definition of what is a building qualifying as an immovable under Article 464 has not been expressed clearly in the law or jurisprudence. … Clearly within prevailing notions of contemporary society such a structure must be classified as a building. In Olsen v.

Loretta Brehm Versus John ("johnny") I. Shaddinger, Jr. and Jon Gegenheimer, in His Official Capacity as Clerk of Court for the Parish of Jefferson, State of Louisiana

Louisiana Court of Appeal · Feb 10, 2021

Stated another way, the party on which the burden of proof rests must establish a prima facie case. … Brehm relied on the following to establish a prima facie case that Mr.

Vaughn v. Dis-Tran Steel, LLC

239 So. 3d 893 · Louisiana Court of Appeal · Feb 7, 2018

Thus, it would qualify as a controlled substance. … A panel of this court clearly defined the basis for an award of penalties and attorney fees in Landry v.

New Orleans Redevelopment Authority v. Ovide

2003 La.App. 4 Cir. 0476 · Louisiana Court of Appeal · Mar 19, 2004

(b) The authority is authorized and empowered to establish programs for residential development, including but not limited to low interest rate home mortgage programs for qualified persons, by issuing mortgage revenue bonds … (b) The agency is authorized and empowered to establish programs for residential development, including but not limited to low interest rate home mortgage programs for qualified persons, by issuing mortgage revenue bonds

Blanton v. Napier

16 La.App. 5 Cir. 421 · Louisiana Court of Appeal · Dec 14, 2016

To establish three-year acquisitive prescription under article 3490 to a moveable that qualifies as a manual gift, one must establish possession as owner in good faith for a period of three years without interruption. … Napier as the owner of the jewelry, or testimony from friends or acquaintances) to prove that she possessed the jewelry as owner. *321 The trial judge clearly denied or dismissed Mrs.

Glenn M. Hebert v. Louisiana Licensed Professional Voc. Rehab. Counselors

Louisiana Court of Appeal · Jan 23, 2008

Arceneaux urges, however, he is immune from suit and is entitled to rely on La.Code Civ.P. art. 971 in seeking to strike Mr. Hebert’s petition. First, we find Mr. … Hebert of his free speech right to express his opinion regarding a matter he is uniquely qualified to speak upon. We acknowledge the Board has an interest in promoting camaraderie among professional counselors.

State v. Sneed

571 So. 2d 735 · Louisiana Court of Appeal · Dec 5, 1990

Stinnett's testimony as to the race of his neighbor was clearly harmless and thus not grounds for reversal. LSA-C.Cr.P. Art. 921. This assignment of error lacks merit. … Specifically, defendants assert that a proper chain of custody had not been established prior to the admission of 20 various exhibits.

Mid-City Automotive, L.L.C. v. State of Louisiana, The Department of Public Safety & Corrections Office of State Police

Louisiana Court of Appeal · Apr 8, 2022

Sovereign immunity bars a court from exercising jurisdiction in suits against the state unless the state has elected to waive its immunity. See Coleman v. … relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed; ( 2) the merits and demerits must be weighed in each case by looking to the prior history of the rule in