Case law

Connie Hunt v. Town of New Llano, La

Louisiana Court of Appeal · May 3, 2006

As a municipal corporation, the Town qualifies as “a person” under this statute as well. … Hunt must establish a probability of success on her claim. This showing is based on the elements of the alleged tort claim. Lee v.

State v. Lawrence

32 So. 3d 329 · Louisiana Court of Appeal · Mar 3, 2010

The officers could not clearly see the license plate so they began to follow the vehicle to determine whether there was a license plate attached to the car. … When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational | strier of fact to conclude beyond

State v. Kujawa

929 So. 2d 99 · Louisiana Court of Appeal · Feb 22, 2006

The use of the plural form was clearly a matter of grammatical style and not suggestive of an intent to establish a unit of prosecution based upon a broad course of conduct involving multiple contraband images. See La. … In its brief, the state contends that the words "photographs, films, videotapes, or other visual reproductions" are qualified with the words "of a child" rather than "of any child."

Talbot v. Trinity Universal Insurance Company

99 So. 2d 811 · Louisiana Court of Appeal · Dec 23, 1957

He was employed as delivery and general utility boy in the establishment. … Meuleman answered that the action of bending to pick up a piece of paper could cause a fracture, however, he qualified his answer with the condition "* * * if there is destruction of the bone underneath * * *."

State, in Interest of Prb

622 So. 2d 716 · Louisiana Court of Appeal · Jun 9, 1993

The testimony presented clearly indicated that, during this period, Cynthia provided no support whatsoever for her children and failed to visit or communicate with the children even once. … The factors enunciated in State in Interest of D.L., supra, and other cases, are qualified by the term "mitigating circumstances" which we cannot ignore.

Marcia F. Young v. Bobby Jindal, as Gov. of State of La.

Louisiana Court of Appeal · Mar 9, 2010

of 138 qualified electors of the voting area. … Young points to testimony from expert surveyor Stephen Gremillion and City Clerk Mary Pringle establishing that the addresses of these individuals lie outside the boundaries of the Village of Forest Hill.

Williams Engineering, Inc. v. Goodyear

480 So. 2d 772 · Louisiana Court of Appeal · Oct 10, 1985

Fred Woessner who was qualified as an expert certified public accountant to testify as to the extent and amount of damages suffered by the owners. … It has long been established that attorney fees are recoverable only where allowed by statute or provided for by contract.

State v. Armstead

2014 La.App. 4 Cir. 0036 · Louisiana Court of Appeal · Jan 28, 2015

The report was discussed at trial by Angela DeLatte, a DNA analyst with the Louisiana State Police Crime Lab who was qualified as an expert in molecular biology and DNA analysis. Ms. … The prosecution, therefore, established the identity of Mr.

Amin v. Bakhaty

812 So. 2d 12 · Louisiana Court of Appeal · May 11, 2001

However, they never established a "matrimonial domicile." This is due to the fact that Dr. … However, it should be noted that there is no "state", as defined by the UCCJA (R.S. 13:1701(10)), which qualifies for "homestate" jurisdiction.

Rohner v. Austral Oil Exploration Company, Inc.

104 So. 2d 253 · Louisiana Court of Appeal · Jun 30, 1958

The witnesses who testified on behalf of plaintiff were all farmers of Tangipahoa Parish and apparently eminently qualified. … While plaintiff established that this land which totaled less than three acres according to actual measurement had been rendered practically useless for growing of *256 crops he has failed to show that such a result was due

Dunn v. Dunn

546 So. 2d 819 · Louisiana Court of Appeal · Jun 7, 1989

In the judgment there are certain of the debts which are qualified by the phrase "out-standing as of the date of the signing of this judgment." The school and camp obligations are not so qualified. … At the time of the hearing, he was trying to establish a practice as a sole practitioner and simply hadn't any money.

Barcia v. Louisiana Medical Malpractice Insurance Co.

2010 La.App. 4 Cir. 1424 · Louisiana Court of Appeal · May 25, 2011

[biased on these well established presumptions, we now examine and interpret the amended and reenacted provisions of La.Rev.Stat. § 9:5628. … As we explained in LeBreton, the Medical Malpractice Act prohibits the filing of a medical malpractice claim against a qualified health care provider prior to presenting the complaint to a medical review panel.

Simon v. State Farm Mutual Automobile Insurance Co.

9 La.App. 3 Cir. 1083 · Louisiana Court of Appeal · Jun 9, 2010

We have held: A trial court’s findings of fact will not be disturbed unless they are manifestly erroneous or clearly wrong. Fuselier v. … Plaintiffs witnesses believe she may only be able to qualify for minimum wage employment.

Courvelle v. Louisiana Recreational & Used Motor Vehicle Commission

2008 La.App. 1 Cir. 0952 · Louisiana Court of Appeal · Jun 19, 2009

. *343 At the February meeting, the commission, by a roll call, determined that thirteen members were present, two did not answer, and thirteen qualified as a quorum. Plaintiff, Mr. … Finally, we note that the trial court lacked jurisdiction over the commissioners who were not before the court as named defendants, and the trial court clearly erred in fining those commissioners.

Slater v. Mid-South Extrusion

989 So. 2d 252 · Louisiana Court of Appeal · Aug 13, 2008

In a workers' compensation action, the plaintiff must establish the occurrence of a work-related accident by a preponderance of the evidence. Thomason v. Wal-Mart Stores, Inc., 37,520 (La. … As to the requirement that the false statements or representations be made for the purpose of obtaining any benefit, drugs qualify as a workers' compensation benefit that the claimant lied to secure. Leonard v.

State v. Marr

626 So. 2d 40 · Louisiana Court of Appeal · Oct 15, 1993

McCormick on Evidence, § 185 (2d Ed. 1972); Wigmore, Law of Evidence, § 25 (3rd Ed.1940). *46 Applying the articulated rationale to the facts of our case, one clearly sees that defendant’s statements to both her son and Diane … Singletary qualify as confessions as both were acknowledgments of guilt from which no inference need be drawn.

State v. Smith

594 So. 2d 467 · Louisiana Court of Appeal · Dec 30, 1991

The test for determining materiality was established in United States v. Bagley, 473 U.S. 667 , 105 S.Ct. 3375 , 87 L.Ed.2d 481 (1985). … Clearly, the considerations involved in Reed do not apply in the defendant's case.

Sally D'Avy v. Matthew Kyle Buller

Louisiana Court of Appeal · Mar 22, 2023

As has been established, Sally and Matthew have had joint custody of their children since their divorce, and Sally has been the domiciliary parent. … She stated that the fifth grader was clearly not receiving an education commensurate with her abilities.

State of Louisiana v. Corlious C. Dyson AKA Corlious Corall Dyson

Louisiana Court of Appeal · May 17, 2017

Lange testified they saw that Defendant had tattoos, which “[Defendant] clearly had in the photo[s.]” … Despite Defendant’s assertion that tattoos were clearly discernible in the photographic lineup, the lineup photograph does not clearly show tattoos on Defendant’s face or neck.

James R. Lestage, in His Official Capacity as District Attorney for the 36th Judicial District, Beauregard Parish v. Michael Dwayne Harris

Louisiana Court of Appeal · Nov 8, 2018

The City Charter of the City of DeRidder clearly establishes a continuing obligation on a council member at-large to maintain his domicile in, and actually reside in, the City of DeRidder … Further, a change in domicile for the purposes of qualifying for public office occurs when there is a change in actual residence accompanied by an intention to make a new principal establishment or home.