Case law

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.

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

Van Martin v. Martin

261 So. 3d 984 · Louisiana Court of Appeal · Nov 14, 2018

He maintains that it was clearly the parties' intent to reserve the fruits and revenues of their separate property. … This sentence clearly qualified what property would be subject to the legal regime.

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.

White v. Golden

982 So. 2d 234 · Louisiana Court of Appeal · Apr 30, 2008

This conclusion is subject to review under the clearly erroneous standard. Id. … To prove a prima facie case for sex discrimination, a plaintiff must prove that: To establish a prima facie case for sex discrimination, the plaintiff must show: (1) she was a member of a protected class; (2) she was qualified

Van Martin v. Martin

261 So. 3d 984 · Louisiana Court of Appeal · Nov 14, 2018

He maintains that it was clearly the parties' intent to reserve the fruits and revenues of their separate property. … This sentence clearly qualified what property would be subject to the legal regime.

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.

Myers v. Myers

532 So. 2d 490 · Louisiana Court of Appeal · Oct 12, 1988

The first part of the language specifically and clearly states that the second mortgage payments are alimony for "whatever principle [sic] and interest is required on the second mortgage." … The second part of the language specifically designates the second mortgage payments as alimony so that they will qualify as a "deduction" for Mr. Myers. The language then provides that Mrs.

BancorpSouth Bank v. Kleinpeter Trace, L.L.C.

2013 La.App. 1 Cir. 1396 · Louisiana Court of Appeal · Oct 1, 2014

Accordingly, the record fails to establish that BancorpSouth willfully refused to comply with any order in the January judgment. … It immunizes conduct that, under ordinary circumstances, would subject the actor to liability.” Deer Enterprises, LLC v.

Gilliam v. Brooks Heating & Air Conditioning

146 So. 3d 734 · Louisiana Court of Appeal · Jul 16, 2014

Factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of appellate review. Banks v. … the finding is clearly wrong.

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.

Shields v. Succession of Hodge

13 La. App. 546 · Louisiana Court of Appeal · Jun 2, 1930

The physical facts clearly indicate that he was going at a high rate of speed when he first saw plaintiff’s car enter the intersection. … That plaintiff’s car reached the intersection first is likewise well established.

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.

WKG-TV VIDEO ELECTRONIC COL., INC. v. Reynolds

618 So. 2d 1023 · Louisiana Court of Appeal · Apr 23, 1993

Reynolds stated that if the Institute did not qualify for financial assistance he was not interested in purchasing the school. … Clearly the obligation of transferring Institute to DR and obtaining agency approval were those of WKG. So were the costs associated with doing so. La.C.C.

Boudreaux v. SCHWEGMANN GIANT SUPERMKT.

585 So. 2d 583 · Louisiana Court of Appeal · May 30, 1991

The trial judge's conclusion that a finding of only 25 percent comparative negligence is the one and only reasonable decision was clearly wrong. … The Louisiana Supreme Court established the standard for appellate review of the amount of a trial court damage award in Reck v.

Henderson v. Louisiana Downs, Inc.

566 So. 2d 1059 · Louisiana Court of Appeal · Aug 22, 1990

They further testified that non-reserved seating is needed in a business establishment where many patrons do not stay for the full day of racing. … Unless the contrary is clearly shown, rulings on allegedly prejudicial improper argument or conduct of counsel are presumed to be within the trial court's great discretion. Wisner v.

Hebert v. Podiatry Ins. Co. of America

96 La.App. 3 Cir. 0567 · Louisiana Court of Appeal · Oct 9, 1996

Fazio, Rossi, and Bryan uniformly testified as to and established the standard of care in this case. … The jury was faced with resolving two clearly contradictory versions of the events, i.e., did Dr. Fazio remove fifteen percent or fifty percent of the plaintiff's metatarsal head.

Livings v. LANGSTON COMPANIES

685 So. 2d 405 · Louisiana Court of Appeal · Dec 5, 1996

The statute was implemented to provide relief for those employees who are partially disabled and who do not qualify for total disability benefits. Stutes v. … A final noteworthy benefit of the counselor's maintaining open communication with the client/injured worker is that the duties of each can be clearly defined.

State v. Williams

925 So. 2d 567 · Louisiana Court of Appeal · Jan 18, 2006

Officer Kenneth Leary, Jr., qualified as an expert in firearms examination, testified that he examined the bullets and fragments taken from Mr. … The party seeking to overcome the privilege must clearly demonstrate that the interest of the government in preventing disclosure is substantially outweighed by exceptional circumstances such that the informer's testimony

Holder v. Travelers Insurance Co.

159 So. 2d 292 · Louisiana Court of Appeal · Dec 6, 1963

Ruff, head of the Physics Department at Louisiana Tech for many years and a highly qualified expert in the field of physics. … Ruff, who is a professor of physics at Louisiana Tech, is eminently qualified to testify in the field of physics.