Case law

Lyons v. Pitts

923 So. 2d 962 · Louisiana Court of Appeal · Mar 8, 2006

C.C. art. 1779 establishes that a term for payment is presumed to benefit the obligor. Finally, the court cited Castano v. … Given the balance of benefits clearly delineated in the bond for deed, equity also favors granting the buyer the normal right to prepay. La. C.C. art. 2054.

John Stewart Gentry v. Paul D. Spillers

Louisiana Court of Appeal · May 10, 2021

In addressing qualified privileges in general, the jurisprudence has adopted the following two- step analytical framework: First, it must be determined whether the attending circumstances of a communication occasion a qualified … Freeman, 414 So. 2d at 359. 5 privilege.5 Here, the statements complained of by Gentry were asserted in petitions in the underlying litigation and were clearly material

Fontenot v. Wal-Mart

8 La.App. 3 Cir. 158 · Louisiana Court of Appeal · Mar 4, 2009

Fontenot's immune system. The Corvel case manager even wrote a toxicologist regarding this issue, but never received a response. A consulting physician, Dr. … Stubbs did not make a diagnosis related to self injury and explained that he was not qualified to do so. He stated, however, that he was concerned that Mr. Fontenot was injuring himself after the second surgery.

David v. David

12 La.App. 3 Cir. 1051 · Louisiana Court of Appeal · Apr 10, 2013

We will not disturb the trial court’s allocation of the camp to Dione, as it clearly conforms to La.R.S. 9:2801(A)(4)(c). … On June 24, 2011, the trial judge signed a Qualified Domestic Relations Order (QDRO) spelling out the New York Life account numbers involved and the obligations of the payor and payee.

Grant v. Grant

734 So. 2d 68 · Louisiana Court of Appeal · Apr 1, 1999

Plaintiff first argues that a provisional trustee is required because defendant was not given authority under the trust to appoint successive co-trustees and that a qualified trustee is not currently serving. … After reviewing the record, we cannot say the trial court was clearly wrong in finding that the plaintiff knowingly waived her objection to the conflict of interest.

Harrell v. Harrell

236 So. 3d 704 · Louisiana Court of Appeal · Dec 5, 2017

Having reviewed the evidence, we cannot say that the trial court was clearly wrong in finding that Kevin had established a material change in circumstances based on the evidence presented. … Taylor, who was qualified as an expert in the field of forensic psychology, testified at length about the testing process and his interviews with the parties. Dr.

Succession of Guercio

359 So. 2d 996 · Louisiana Court of Appeal · May 10, 1978

The only son, Vincent, qualified as administrator of the succession. Several oppositions and motions filed by the decedent's three daughters were consolidated for hearing in the trial court. … The record establishes without contradiction that prior to 1940 Vincent worked in the business on an undercompensated basis in anticipation of becoming a partner.

Edmundson Bros. v. Montex Drilling Co.

731 So. 2d 1049 · Louisiana Court of Appeal · May 5, 1999

This is clearly shown by the statement of Mr. Justice Van Devanter, who was a circuit judge, in the case of Brewster v. … David Schell, qualified as an expert geologist, testified on behalf of the Plaintiffs.

Kennedy v. Sheriff of East Baton Rouge

899 So. 2d 682 · Louisiana Court of Appeal · Mar 24, 2005

Malice or other fault is established where a defendant has acted with a reckless disregard for the truth. See Johnson v. … The public has an interest in possible criminal activity being brought to the attention of the proper authorities, and remarks made in good faith setting forth well-founded charges are clearly privileged. Simon v.

State v. Warner

274 So. 3d 72 · Louisiana Court of Appeal · May 29, 2019

Here, Defendant contends that the State failed to establish that he was the perpetrator who raped V.P. To support this assertion, he asserts two arguments. … Louisiana follows the general rule that "a constitutional provision or amendment has prospective effect only, unless a contrary intention is clearly expressed therein." State v.

Hoerner v. ANCO Insulations, Inc.

812 So. 2d 45 · Louisiana Court of Appeal · Apr 4, 2002

that the finding is manifestly erroneous or clearly wrong. *54 Ruby v. … that the finding is manifestly erroneous or clearly wrong."

Lafayette Parish School Bd. v. Cormier

901 So. 2d 1197 · Louisiana Court of Appeal · May 4, 2005

The Pupil Appraisal evaluation found that Jade qualified for special education services in the SEAS program at N.P. Moss because Jade had an emotional and behavioral disorder. … In his reasons for judgment the trial judge clearly stated the basis upon which he made his decision, i.e., "that the undisputed facts support a finding that Jade Cormier has not breached the standard of care applicable to

Armstrong v. Armstrong

493 So. 2d 253 · Louisiana Court of Appeal · Aug 18, 1986

According to them, it established their adverse possession and created the "imaginary line". … The issue of title is relevant here only to establish a claim of constructive possession.

State v. McClure

14 La.App. 5 Cir. 253 · Louisiana Court of Appeal · Mar 11, 2015

Vasquez’s testimony in this regard did not require him to be qualified as an expert. Det. … Britson did not approve of vulgar language, she “clearly stated that she would not convict somebody or find them guilty just because they use bad language.” As for Ms.

State v. Spikes

683 So. 2d 1363 · Louisiana Court of Appeal · Nov 8, 1996

As to the remaining counts, however, Parker’s testimony clearly established the essential elements of the crime of distribution of cocaine by defendant. The only issue to be resolved is identification. … The letters refer to Parker’s undercover work and describe him as a “valuable asset to any law enforcement agency,” “well qualified,” and “professional.” One letter states: “Due to Mr.

Edwards v. Greer

962 So. 2d 1236 · Louisiana Court of Appeal · Sep 14, 2007

Slawin was deemed to be more qualified than the local urologist. Dr. Slawin knew how to perform nerve sparing surgery which was not available locally. … The policy clearly and unambiguously does not provide such coverage.

State of Louisiana v. Cortney Fitzgerald

Louisiana Court of Appeal · Jul 16, 2025

* At first blush, defendant seems correct that the events happening in far-away Iowa, Kansas, and in Texas at the Mexican border, occurring within a seven-day span of time, could not possibly qualify … Clearly, as the state traced the movements of defendant and Timothy Taylor, the events detailed by its evidence, especially after the bank robbery in Iowa, became increasingly remote in time and in place

Quave v. Airtrol, Inc.

2011 La.App. 1 Cir. 1182 · Louisiana Court of Appeal · Jun 8, 2012

Thus, as the claimant testified that he was engaged in some “employment or self-employment,” he was clearly not entitled to the temporary, total disability benefits, and the WCJ clearly erred in granting the claimant an award … The defendants further assert that the evidence establishes that the claimant violated La. R.S. 23:1208 and that the WCJ erred in finding otherwise. Section 1208 provides in pertinent part: A.

Kathleen May v. Diversified Healthcare-Abbeville,llc

Louisiana Court of Appeal · May 11, 2022

FACTS The material facts established by the record are not in dispute. … Clearly these assessments were not very complex, nor was the training Ms. Bernard received from her predecessor: Q.

Mahlum v. Baker

639 So. 2d 820 · Louisiana Court of Appeal · Jun 24, 1994

In Smith, the children were using the recreational vehicles, and any breach of duty by the insureds clearly arose solely out of their failure to supervise such use. … The insurer bears the burden of establishing the applicability of an exclusion, and any ambiguity must be strictly held against the insurer.