Case law

Lee v. Lee

727 So. 2d 622 · Louisiana Court of Appeal · Dec 28, 1998

In Johnson , the fund was made up of salary deductions from each member (clearly community funds) and contributions from the fire department. … The record establishes Mr.

Cockerham v. LaSalle Nursing Home, Inc.

930 So. 2d 239 · Louisiana Court of Appeal · May 3, 2006

all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity … We are mindful, however, that apportionment of fault is a finding of fact and is, therefore, reviewed pursuant to the manifest error-clearly wrong standard of review. Broussard v.

Simmons v. Christus Schumpert Medical Center

71 So. 3d 407 · Louisiana Court of Appeal · Jun 15, 2011

that the factfinder is clearly wrong or manifestly erroneous. … Gongora testified that Nurse Lindsey “didn’t have very much ICU experience” and opined that Nurse Lindsey was not qualified to be working in the ICU.

State v. Thomas

223 So. 3d 759 · Louisiana Court of Appeal · Jun 21, 2017

He argues that forcing him to proceed to trial with counsel, despite his clearly expressed desire to represent himself, constitutes an abuse of discretion. - The state argues that the trial court was well within its discretion … A suspension lasts from the date a qualifying motion is filed until the date the trial court rules on the motion and that relevant time period is not counted toward the two-year time limitation. State v. Lathan, supra.

State ex rel. S.M.W.

0 La.App. 3 Cir. 308 · Louisiana Court of Appeal · Aug 9, 2000

Because the Department decided that her job did not qualify as stable employment and would prevent her from being able to provide adequate supervision of the children, Ms. … Walters’ living arrangements were unstable; however, close scrutiny beyond the thin veneer of the Department’s arguments clearly shows that Ms.

Anderson v. Rowan Drilling Company

150 So. 2d 828 · Louisiana Court of Appeal · Apr 17, 1963

The evidence showed that plaintiff required a period of four years' training before he could qualify as a journeyman plasterer. … The evidence in the instant suit clearly shows that no special training, experience or skill was required in order to qualify or enable plaintiff to perform the duties of his employment by defendant as a roughneck, or as

Cynthia Carr v. Delta Homes, Inc.

Louisiana Court of Appeal · May 7, 2008

Alexis Mallet, Jr. was qualified as an expert in the fields of general construction, construction estimating, and forensic construction. … Mouser was qualified as an expert in manufactured housing construction, code compliance, and forensic analysis of condensation issues.

Abney v. Charity Hospital in New Orleans

2000 La.App. 4 Cir. 0450 · Louisiana Court of Appeal · May 16, 2001

“[A] statute [that] grants immunities or advantages to a special class in derogation of general rights available to tort victims. . .must be strictly construed against limiting the tort claimants’ rights against the wrongdoer … Subsequently, the Louisiana Supreme Court reversed this Court’s decision, ruling that the medical review panel provisions of the MLSSA clearly apply from the time of the filing of the claim. Since Mr.

William Cook and Renee Soileau v. Carl Swayze Rigby, M.D. and Louisiana Medical Mutual Insurance Company

Louisiana Court of Appeal · Apr 13, 2021

medical review panel should be applied to all joint obligors, as clearly expressed in the LMMA. … or not qualified, will be applied to a non -health care provider.

State v. Collatt

477 So. 2d 177 · Louisiana Court of Appeal · Oct 10, 1985

A defendant has the burden of establishing the defense of insanity at the time of the offense by a preponderance of the evidence. LSA-C. Cr.P. Art. 652. … After considering all of these circumstances, defendant's sentences are clearly justified. We find that there was no manifest error in the imposition of the sentences.

Roy v. Ducote

399 So. 2d 737 · Louisiana Court of Appeal · May 27, 1981

Cognizant that many families have such limited incomes as to preclude the achievement of this goal, Congress established several programs to aid such families in acquiring suitable housing. … This authority should not be exercised except in cases where the record on its face clearly shows a lack of interest on the part of the plaintiff to institute suit.

State v. Berry

684 So. 2d 439 · Louisiana Court of Appeal · Nov 8, 1996

Expert Testimony Assignments of error thirty-two, thirty-three and thirty-four address the propriety of qualifying Ford Baker as an expert witness. The State initially tendered Mr. … The record holds nothing to support the contention that the trial court abused its discretion in qualifying Mr. Baker as an expert witness. These assignments are without merit.

State v. Simmons

996 So. 2d 1177 · Louisiana Court of Appeal · Oct 28, 2008

Under this special situation, *1187 the entry into the home clearly constituted exigent circumstances. … The defendant has not established that the trial courts denial of the Motions to Suppress constituted an abuse of the courts great discretion.

Rodney J. Henry, Jr., Et Ux. v. Pnk (Lake Charles), LLC

Louisiana Court of Appeal · Mar 7, 2012

that the finding is clearly wrong (manifestly erroneous). … It appears, then, that the trial court was not clearly wrong. We affirm the judgment of the trial court.

State v. Wommack

770 So. 2d 365 · Louisiana Court of Appeal · Jun 7, 2000

Next, counsel argues that the State failed to establish motive for the defendant to attack Ms. Smith. … Callaghan clearly informed the jury that current DNA testing cannot exactly match one individual's blood to a blood stain.

Yahn v. Folse

639 So. 2d 261 · Louisiana Court of Appeal · Apr 14, 1994

Expert testimony is necessary to establish these factors because only a physician or some other qualified expert is capable of judging what risks exist and the likelihood of its occurrence. Hondroulis v. … The trial judge so found, and we are unprepared to say that his finding in this regard is clearly wrong.

Compensation Specialties, L.L.C. v. New England Mutual Life Insurance Co.

2008 La.App. 1 Cir. 1549R · Louisiana Court of Appeal · Feb 13, 2009

Plaintiff contends the May 11, 2005, letter exchanged between counsel regarding the informal request for an extension of discovery qualifies as a “step” in the defense of this case. … Therefore, Plaintiff has failed to establish his entitlement to relief under this provision.

State v. Hunter

2015 La.App. 4 Cir. 0306 · Louisiana Court of Appeal · Sep 9, 2015

In this case, the jury clearly chose to believe the evidence and testimony that contradicted Mr. Hunter’s self-defense claim. … And, given the evidence discussed 112above, it does not appear that the jury’s credibility findings were clearly contrary to the evidence. II In this Part, we address Mr.

State v. Calhoun

669 So. 2d 1351 · Louisiana Court of Appeal · Feb 23, 1996

It is well established that statutes are presumed to be valid, and the constitutionality of a statute should be upheld whenever possible. … The right to privacy is not absolute; it is qualified by the rights of others. Furthermore, the right of privacy does not shield all private sexual acts from state regulation. State v. Gamberella, 633 So.2d at 604.

World Trade Center Taxing District v. All Taxpayers, Property Owners, & Citizens of World Trade Center Taxing District & Nonresidents Owning Property or Subject to Taxation Therein

5 La.App. 4 Cir. 0048 · Louisiana Court of Appeal · Feb 1, 2005

We find, however, that the holding on this issue in Council of the City of New Orleans is clearly distinguishable. … Special provisions for low-income citizens are clearly a form of social welfare program.