Case law

Tennessee Gas Transmission Co. v. Violet Trapping Co.

200 So. 2d 428 · Louisiana Court of Appeal · Jun 5, 1967

Clearly the plaintiff has the right under the foregoing agreement to place its proposed pipeline in the existing canal. … Therefore, we must conclude that the defendant has failed to establish any basis for the allowance of damages for reduction of potential muskrat production.

Langley v. Police Jury of the Parish of Calcasieu

201 So. 2d 300 · Louisiana Court of Appeal · Jul 19, 1967

Plaintiff, a qualified voter and taxpayer in the Parish of Calcasieu, Louisiana, has filed a suit in the instant case against the governing body of this parish, namely, the Police Jury, praying that an injunction issue against … Throughout the documents, including the proposition submitted to and approved by the voting taxpayers, it has been clearly shown, with particularity, that this plant site would be acquired by transfer of the right of occupancy

State of Louisiana v. James Lyndal Foster

Louisiana Court of Appeal · Mar 16, 2011

An expert may be qualified “by knowledge, skill, experience, training, or education.” La.Code Evid. art. 702. … Clearly, his experience was sufficient to qualify him as an expert. Defendant argues the record does not contain written reasons for his adjudication in violation of La.R.S. 15:529.1(D)(3).

Landry v. National Gypsum Co.

354 So. 2d 739 · Louisiana Court of Appeal · Jan 11, 1978

Because of the inside ‘haze’ produced by the thickened pleura, the underlying lung cannot be seen clearly. … In the absence of such, lung biopsy would be necessary to establish an occupational disease.”

Evans v. DeRidder Mun. Fire & Police Civil Service Bd.

789 So. 2d 752 · Louisiana Court of Appeal · Jun 27, 2001

The Board's findings must be based on competent evidence, as appellate courts will not consider incompetent evidence on review. [9] Although, we must find the facts to have been clearly established, they need not have been … Clearly, `bells do not go off' at the moment someone tells a lie. Rather, the polygraph's ability to discern the truth rests in the skill of examiners.

State v. Mercadel

2012 La.App. 4 Cir. 0685 · Louisiana Court of Appeal · Jul 24, 2013

The evidence clearly establishes that Mr. Mercadel never returned any of the $26,000 to Ms. … Kitchens’ testimony established that despite Mr. Mer-cadel’s promise to make restitution to Cajun Concrete, he failed to do so. His testimony established probable cause for the charge of issuing a worthless check.

Hooker v. Wal-Mart Stores, Inc.

867 So. 2d 869 · Louisiana Court of Appeal · Mar 3, 2004

Such evidence can qualify as "competent evidence," provided that the evidence has some degree of reliability and trustworthiness and is of the type upon which reasonable persons would rely. … The medical evidence altogether is sufficient to establish a compensable "objective" injury as contemplated by La. R.S. 23:1317(A). Wal-Mart provided no evidence that Hooker was not injured. Dr.

Burt v. Cannon

689 So. 2d 492 · Louisiana Court of Appeal · Jan 7, 1997

Cannon filed an amended answer, alleging that he was entitled to a qualified immunity from all claims asserted because all of his actions were discretionary actions or functions taken by him in his official capacity as the … Clearly, Mr. Digiulio’s representation was a part of the criminal matter that resulted in Mr. Cannon’s subsequent indictment. Even though the record reflects that Mr.

Gerald Moss v. Tommasi Construction, Inc.

Louisiana Court of Appeal · May 5, 2010

but not limited to punitive or exemplary damages, unless such rights, remedies, and damages are created by a statute, whether now existing or created in the future, expressly establishing … Aramark performed cleaning services, which are considered manual labor, and accordingly is immune from tort liability. Ms.

Thomas v. Thomas

63 So. 2d 468 · Louisiana Court of Appeal · Feb 23, 1953

The document of March 31, 1942 reads as follows: “State of Louisiana “Parish of Orleans “Before Me, the undersigned Notary Public, duly commissioned and qualified in and for the Parish of this State, personally came and appeared … Under jurisprudence established by the Supreme Court the penalty levied by C.P. art. 326 applies equally as well to a plaintiff when he unsuccessfully contests the genuineness of his signature.

State v. Quantex Microsystems, Inc.

809 So. 2d 246 · Louisiana Court of Appeal · Jul 3, 2001

The exhibits qualify as "textual materials" within the meaning of Rule 2-15.4(a). However, Rule 2-15.4(a) only allows the deposit of such textual materials when requested by the appellate court. … Quantex's service guide clearly represents to buyers of its computer products that it may provide service for defective hardware parts for one year from the date of purchase.

Connelly v. Lee

699 So. 2d 411 · Louisiana Court of Appeal · May 9, 1997

This standard is nothing more or less than the "manifestly erroneous" or "clearly wrong" criteria used by the appellate courts in reviewing a trial court's factual findings. … Connelly and which go outside of the qualified privileges established by law." Plaintiff did not amend his petition and took no further action in the proceedings.

Tower Partners, L.L.C. v. Wade

2003 La.App. 4 Cir. 0665 · Louisiana Court of Appeal · Jan 21, 2004

The word “new” does not qualify the type of “separate *135 suit.” … Clearly, the purpose of the Louisiana legislature in broadening the scope of the res judicata doctrine was to promote judicial economy.

Sicarelli v. State Farm Fire & Casualty Co.

556 So. 2d 179 · Louisiana Court of Appeal · Jan 17, 1990

More importantly, La.C.E. art. 702 provides: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert … JURY FINDING NO UNKNOWN SECOND VEHICLE: Appellants further argue “[t]he jury’s decision was manifestly erroneous given the unrefutted physical evidence and testimony establishing that an unknown vehicle collided into Mr.

State v. Filer

771 So. 2d 700 · Louisiana Court of Appeal · Sep 20, 2000

plea of guilty to the offense of possession of marijuana with the intent to distribute pursuant to a plea agreement in which the State agreed not to multiple-bill Defendant and to recommend Defendant to Drug Court if he qualified … The factual basis has been established and admitted to. The Court will order the guilty plea recorded and order a pre-sentence investigation with sentencing on February 6th.

Dixie Inv. Co. v. Player

149 So. 269 · Louisiana Court of Appeal · Jun 30, 1933

The defect in the security of the paving certificates had not been established when plaintiff elected to avail itself of the right to sue Player personally on his notes evidencing balance due for the paving in front of his … But the right to have the sale of a thing (whether of notes or other kind of property) rescinded and the purchase price restored, when eviction from less than the whole of the thing has happened, is clearly recognized by

Phillisa Jackson v. State of Louisiana

Louisiana Court of Appeal · Apr 11, 2007

The trial court found Secretary Stalder had qualified immunity for discretionary functions under the two part test enunciated in Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727 (1982). … While disagreeing with the first circuit’s reasoning for the Secretary’s immunity, the Supreme Court found Secretary Stalder was immune on the basis of qualified immunity for his discretionary function of deciding “DPSC

Ward v. La. & Ark. Ry. Co.

451 So. 2d 597 · Louisiana Court of Appeal · Apr 30, 1984

We conclude this factual determination was not clearly wrong. … Melvin Harju who qualified as an expert economist at trial. Dr. Harju testified to the mean earnings which a female of Sandra's age could expect to earn over her lifetime given the relevent social data.

Bonnette v. Bonnette

2015 La.App. 4 Cir. 0239 · Louisiana Court of Appeal · Feb 17, 2016

or unless it is ‘clearly wrong.’ ” Id.; see also, Mimms v. Brown, 2002-1681, p. 11 (La.App. 4 Cir. 9/3/03), 856 So.2d 36, 43 ; AEB v. JBE, 99-2668 (La.11/30/99), 752 So.2d 756, 761 . … “Parenting coordination is a child-focused alternate dispute resolution process in which a duly qualified parenting coordinator assists parents or persons' exercising parental authority to implement a parenting plan by facilitating

Hall v. State ex rel. Department of Public Safety & Corrections

98 La.App. 1 Cir. 0726 · Louisiana Court of Appeal · Apr 1, 1999

To do so would render ineffective the later expression of the legislature through LSA-R.S. 27:76 wherein the legislature has clearly stated its intention to impose strict controls on the legitimate gaming industry. … Under this standard, the challenger must establish that the legislative classification at issue is not rationally related to any legitimate state purpose. Pierre v.