Case law

Drury v. American Honda Motor Co., Inc.

93 La.App. 1 Cir. 1414 · Louisiana Court of Appeal · Dec 22, 1994

You're not qualified as an ATV rider are you? A. I do not ride ATV's. *762 Q. You're not qualified as a statistician, are you? A. I'm a lawyer, that's all I'm qualified. Q. … That's because I'm qualified in evaluating exactly those kind of reports. Q. I see. A.

Husband v. Lafayette Ins. Co.

93 La.App. 5 Cir. 815 · Louisiana Court of Appeal · Mar 16, 1994

ANALYSIS It is well established that an insurance policy is the contract between the parties, and as such, must be interpreted in accordance with general principles of contract construction. Kupperman & Co., Inc. v. … Therefore, all risks are covered unless clearly and specifically excluded. At the trial, James H. Moore, a State Farm agent of twelve (12) years testified as an expert in the area of insurance on behalf of plaintiffs.

Blake v. Blake

228 So. 3d 223 · Louisiana Court of Appeal · Sep 20, 2017

Blake also argués that the district court erred in denying his exception of peremption 13 because the evidence clearly shows that JjjMs. … DiMarco's vague assertion of fraud within her Petition for Lesion qualifies as the requisite "direct action” is problematic. However, in light of Mr.

Day v. South Line Equipment Co.

551 So. 2d 774 · Louisiana Court of Appeal · Oct 11, 1989

Assessments of fault will be reviewed under the well-established standard that the findings of fact of the trial court are not to be disturbed unless they are clearly erroneous. Franklin v. … State Farm Fire and Casualty Insurance Co., supra , we find that the jury's determination is not clearly wrong. QUANTUM Trans-American Transport contends that the jury erred in its damage award.

State v. Bailey

875 So. 2d 949 · Louisiana Court of Appeal · May 26, 2004

First, the defendant must establish a prima facie case of discrimination. … Responses by the state qualify as race-neutral unless a discriminatory intent is inherent in the prosecutor's explanation. Hernandez v.

State v. Brauner

782 So. 2d 52 · Louisiana Court of Appeal · Feb 21, 2001

Clearly, the jury believed the *64 testimony of the victim over that of defendant. Her testimony was essentially consistent about the places where the acts of sexual abuse occurred. … The rules established in this decision pertaining to this developing area are not necessarily static.

Meyers & Associates, Inc. v. the Coushatta Tribe of Louisiana

Louisiana Court of Appeal · Jan 27, 2016

of this assignment of error, but its argument under that assignment of error clearly establishes that these rulings are contested on appeal. 24  In this case, the … This fact, coupled with the fact that WA#2 pulled tasks from Phase 3 back into Phase 2, and thereby kept the penalty provisions viable, clearly established genuine issues of material fact concerning the appropriateness

Corbello v. Iowa Production

806 So. 2d 32 · Louisiana Court of Appeal · Dec 26, 2001

Different methods are used to establish commercial rental rates and terms. … We must consider all of the factors identified in Williamson to establish an appropriate fee.

Caro v. Louisiana & Delta Railroad

94 La.App. 1 Cir. 0059 · Louisiana Court of Appeal · Nov 10, 1994

the finding is clearly wrong (manifestly erroneous). … Davey Bernard, qualified as an expert in physics. He stated that when the power was turned off in the control box, the cross arm descended in nine seconds, which is no significant delay from when the power was on.

State v. Morris

457 So. 2d 119 · Louisiana Court of Appeal · Sep 26, 1984

The record reveals that the tape, when ran on regular speed, does not clearly reveal the identity of the person pictured. … We find that the testimony of the two employees was sufficient to establish this element of the offense.

Luigi Malta, Individually and on Behalf of His Minor Child, Giovanni Malta v. Herbert S. Hiller Corporation, Hiller Offshore Services, Inc., the Hiller Companies, Inc., Helis Energy, L.L.C. and Helis Enterprises, Inc.

Louisiana Court of Appeal · Nov 25, 2020

Hebert’s own Clean Agent Cylinder Report establishes his failure to “properly diagnose and report the status of the Generator #1 cylinder.” … Further, there is no evidence to establish that the cylinder was damaged by ruin, vice or defect, or that Helis knew or should have known about it.

Powertrain of Shreveport, L.L.C. v. Stephenson

149 So. 3d 1274 · Louisiana Court of Appeal · Oct 1, 2014

The purpose of the letter was to inform vendors of the merger and to establish accounts for Consolidated with the vendors. … It clearly applies prospectively to future transfers to Joe.

Stine, Inc. v. Perkins

540 So. 2d 1195 · Louisiana Court of Appeal · Mar 15, 1989

A plaintiff in reconvention must establish the demands made to a legal certainty by a preponderance of the evidence. Petroleum Fluids Consultants, Inc., supra. … Although Sweeney was not qualified or accepted by the court as an expert in roofing, he nevertheless offered testimony about the condition of the original roof prior to its removal.

Baumann v. D&J FILL, INC.

977 So. 2d 304 · Louisiana Court of Appeal · Feb 8, 2008

The party seeking certification should be able to establish a definable group of aggrieved persons. Id. … Instead, the record establishes that Mr.

State of Louisiana Versus Frank Kang

Louisiana Court of Appeal · Mar 17, 2020

It determined that none of the listed evidence qualified as newly discovered evidence for purposes of La. … Clearly, relator was aware that he could have presented a defense that he was not the shooter given that he still admits that he was present during the crime.

State v. Carter

773 So. 2d 268 · Louisiana Court of Appeal · Nov 15, 2000

At trial, New Orleans Police Officer William Giblin, a criminalist, was qualified by stipulation as an expert in the field of the examination and identification of controlled substances. … A defendant must clearly and convincingly show that the mandatory minimum sentence under the Habitual Offender Law is unconstitutionally excessive. Johnson , 97-1906 at p. 11, 709 So.2d at *282 678.

Brett Lirette v. Jason C. Adams, State Farm Mutual Automobile Insurance Company, Geico Casualty Company & Axis Ventures, LLC

Louisiana Court of Appeal · Jul 10, 2024

Using this syllogism, the Parents urge this Court to find that Axis, as a business entity, does not qualify as an individual; therefore, they argue, stacking is inapplicable and Mr. … Thus, we conclude that “you” has a clearly defined and unambiguous meaning in the Booklet, and to construe “you” to mean “human being” would be an unreasonable and strained interpretation for which we have no authority.

Marguerite C. Slattery v. Ashley N. Holdsworth

Louisiana Court of Appeal · Sep 27, 2023

The burden is on the adverse party to produce factual support sufficient to establish the existence of a genuine issue of material fact or that the mover is not entitled to judgment as a matter of law. Id. … Richard qualifies for the exception in all ways but one – it is undisputed that Mr.

Hebert v. State Department of Wildlife & Fisheries

94 La.App. 1 Cir. 1767 · Louisiana Court of Appeal · May 5, 1995

that the finding is not clearly wrong (manifestly erroneous). … The Louisiana Supreme Court has promulgated general principles for appellate courts to follow when determining whether factual findings are “clearly wrong”.

Richard and Judith Williams v. United States Fire Insurance

Louisiana Court of Appeal · Oct 5, 2022

The affidavits clearly in her, um, attached to her Motion establish that there was an emergency; there was notice. You all don’t dispute coverage. … It states clearly that it provides coverage for travel delay and Interruption, for medical expense arising from illness or injury, for transportation expenses incurred to evacuate you to the nearest qualified