Case law

Opinions from 1658 to today.

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  • 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.

    Cited 0 timesUnknown
  • Aladdin Oil Company v. Rayburn Well Service, Inc.

    202 So. 2d 477 · Louisiana Court of Appeal · Jul 17, 1967

    O'Connor, a petroleum engineer, qualified as an expert in his field, concerning production of oil and gas in Louisiana. … Dausch was qualified as an expert petroleum engineer. The plaintiffs point out that upon the type of evaluation made by Mr.

    Cited 11 timesPublished
  • Bagwell v. South Louisiana Electric Co-Op. Ass'n

    228 So. 2d 555 · Louisiana Court of Appeal · Nov 25, 1969

    Company basically is that its liability is limited to that provided by the Louisiana Workmen's Compensation Act, since it was the statutory employer of Bagwell at the time the injuries were sustained, and that it thus is immune … We think that is the established jurisprudence in this state. See Sanderson v. Binnings Construction Company, 172 So.2d 721 (La.App. 4 Cir. 1965); Gros v.

    Cited 20 timesPublished
  • Descant v. ADM'RS OF TULANE EDUCATIONAL FUND

    706 So. 2d 618 · Louisiana Court of Appeal · Jan 21, 1998

    Bruner, did not establish the standard of care applicable to Dr. Herrera. … This is established through expert testimony.

    Cited 1 timesPublished
  • Milton L. Crosby, Sr. and Michael A. Hinyub Versus Nelson J. Cantrelle, III and Jon Gegenheimer, in His Official Capacity as Clerk of Court for the Parish of Jefferson, State of Louisiana

    Louisiana Court of Appeal · Aug 10, 2020

    Cantrelle is therefore not qualified to run in the primary election because he has not qualified in the manner prescribed by law, pursuant to La. … Clearly, the Supreme Court, in disqualifying Mr. Burns for making a false certification, considered what Mr.

    Cited 0 timesUnknown
  • State v. Amos

    192 So. 3d 822 · Louisiana Court of Appeal · Apr 6, 2016

    Additionally, “[a] factfinder’s credibility decision should not be disturbed unless it is clearly contrary to the evidence.” State v. … That said, if an alleged error falls “within the ambit of trial strategy” it does not “establish ineffective assistance of counsel.” State v.

    Cited 13 timesPublished
  • State of Louisiana v. Kolby Reshaad Moore

    Louisiana Court of Appeal · Feb 26, 2025

    Mack’s testimony clearly established that the Moore’s cellphone placed him in the area of the shooting. 10 Moore argues that Capt. … In qualifying as an expert witness, Capt.

    Cited 0 timesPublished
  • 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.

    Cited 0 timesPublished
  • ST. ANDREWS PLACE v. City of Shreveport

    914 So. 2d 1203 · Louisiana Court of Appeal · Nov 4, 2005

    The term "may" is clearly qualified by the directive to meet certain requirements in subparts A, B and C of the statute. The clear and unambiguous language of this statute mandates that the City must comply with La. … C.C. art. 731 provides that a charge established on an estate expressly for the benefit of another estate is a predial servitude although it is not so designated. La.

    Cited 8 timesPublished
  • Crockham v. Thompson

    107 So. 3d 719 · Louisiana Court of Appeal · Nov 14, 2012

    Thompson presented evidence and testimony to establish that Ms. … The jury was not manifestly erroneous or clearly wrong in accepting his testimony.

    Cited 7 timesPublished
  • State v. Vincent

    978 So. 2d 967 · Louisiana Court of Appeal · Dec 27, 2007

    It is well established that the testimony of the victim alone can be sufficient to establish the elements of a sexual offense, even where the state fails to introduce physical evidence to substantiate the commission of the … In argument, the defense clearly stated that M was the rape victim and that psychiatric testimony related to that rape was related to a defense theory (M's "unresolved anger" over the earlier incident).

    Cited 14 timesPublished
  • Crockett v. St. Paul Ins. Co.

    413 So. 2d 949 · Louisiana Court of Appeal · Apr 13, 1982

    In addition, the "odd lot" category had not yet been clearly defined by our Supreme Court at the time of the Dusang decision, as was later done in the Oster case. See 389 So.2d at 371 . … An odd lot claimant need not be absolutely helpless to qualify for total disability.

    Cited 13 timesPublished
  • 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

    Cited 0 timesUnknown
  • 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.

    Cited 0 timesUnknown
  • Cline v. Cheema

    2011 La.App. 4 Cir. 1029 · Louisiana Court of Appeal · Feb 22, 2012

    Accordingly, we may not set aside the trial court’s findings unless, in view of the entire record, they are manifestly erroneous or clearly wrong. … First, we must conclude that there is no reasonable factual basis for the trial court’s award, and second, we must conclude that the award is clearly wrong. Kaiser v.

    Cited 5 timesPublished
  • Hibernia Nat. Bank v. Rivera

    7 La.App. 5 Cir. 962 · Louisiana Court of Appeal · Sep 30, 2008

    Where business records are concerned, as in the present case, the courts have deemed La.C.C.P. art. 967 satisfied when the affiant is qualified to identify the business records as such. … The documents clearly reflect these facts, and do not result in any confusion or question of material fact. Thus, we find no merit in this assignment of error. Finally, Mr.

    Cited 34 timesPublished
  • State v. GT, JR.

    71 So. 3d 394 · Louisiana Court of Appeal · Jun 15, 2011

    THE COURT: You are trying to add that language to a felony and qualify a felony. But that’s only qualifying the type of crime that a juvenile could be considered as a habitual offender, as I read it. … I mean, it doesn’t qualify that. So, that leads me to believe that my interpretation is correct.

    Cited 8 timesPublished
  • 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

    Cited 0 timesUnknown
  • 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

    Cited 0 timesUnknown
  • 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

    Cited 0 timesUnknown

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