Case law

State v. Coleman

949 So. 2d 570 · Louisiana Court of Appeal · Jan 24, 2007

A reviewing court owes the district judge's evaluations of discriminatory intent great deference and should not reverse them unless they are clearly erroneous. … Steward qualified her affirmative response by indicating that it was her belief that it could happen, Ms. Hutson unequivocally stated that "It can." Ms. Sittner was even more reluctant than Ms.

State v. Weathersby

2013 La.App. 4 Cir. 0258 · Louisiana Court of Appeal · Apr 16, 2014

The facts adduced at trial established that on the night of the incident, Mr. … While the evidence establishes that Mr.

Taquette L. Crawford Larry Collier, Jr. v. Charles Ray Pearson, M.D.

Louisiana Court of Appeal · Nov 30, 2022

Pearson, who was not a qualified health care provider under the MMA. … the appropriate standard of care and a breach thereof is pursuant to the manifestly erroneous, clearly wrong, standard of review.”

In Re Succession of Moss

769 So. 2d 614 · Louisiana Court of Appeal · Jun 21, 2000

The Supreme Court of Louisiana has established that in the event of legal error: the manifest error standard is no longer applicable, and, if the record is otherwise complete, the appellate court should make its own independent … Concluding that the stock was community property, the court reasoned that stock restrictions do not affect ownership; instead, they merely qualify the privilege of dealing with the stock.

State v. Chehardy

12 La.App. 3 Cir. 1337 · Louisiana Court of Appeal · May 1, 2013

As noted above, specific intent may be established by the circumstances surrounding an accused’s actions. … At trial, defense counsel argued that the above statements qualified under testimonial privileges and that Defendant did not waive the privilege.

Chicago Mill & Lumber Co. v. Lewis

76 So. 2d 625 · Louisiana Court of Appeal · Dec 1, 1954

Singer and Barnett Wallace, defendant sought to establish there was no merchantable timber on the Lewis tract in 1940. … All of these witnesses were well qualified and experienced foresters. The district court averaged the two findings to get 2.9 inches, which we think is proper.

Percle v. Oubre

564 So. 2d 352 · Louisiana Court of Appeal · May 30, 1990

The trial judge had given a correct charge regarding the qualified duty of a motorist to stop at a railroad crossing by reading LSA-R.S. 32:171(A). … Moreover, the two independent eyewitnesses to the accident both testified that Percle had no obstruction to block his view of the tractor-trailer, that the rig's horn could be clearly heard, and that Oubre had the green light

Heard, McElroy & Vestal, L.L.C. v. John C. Schmidt and John C. Schmidt Cpa, LLC

Louisiana Court of Appeal · Sep 21, 2022

But, when confronted with evidence establishing his knowledge—including the email invite—Schmidt acknowledged that he knew of Flowers’ plans. … Based on the evidence presented, the trial court found that HMV’s friends and family policy was not clearly defined.

State v. Bowen

806 So. 2d 749 · Louisiana Court of Appeal · Dec 26, 2001

Sergeant Virgil McKenzie, who was qualified as an expert in the area of latent fingerprints and fingerprint comparison, testified for the State that he took a set of fingerprints from Bowen on the day of trial. … The state established that Bowen was under the influence of alcoholic beverages through the testimony of Deputy Don Grossnickle and Trooper Hodges.

State of Louisiana v. Landon R. Fuller

Louisiana Court of Appeal · Nov 20, 2024

An age where you clearly knew that what you were doing to these young victims was absolutely and terribly wrong. … An increased sentence alone is not sufficient to establish vindictiveness. State v. Morgan, supra, citing State v. Dauzart, 07-15 (La. App. 5 Cir. 5/15/07), 960 So. 2d 1079.

Soileau v. LaFosse

558 So. 2d 294 · Louisiana Court of Appeal · Mar 14, 1990

The record establishes that the plaintiff made a partial assignment of his claim to Pitre Ford Mercury, Inc. … The assignment of claim document introduced into evidence clearly shows that plaintiff made a partial assignment of the damages he hoped to recover as a result of this lawsuit.

Thompson v. Bank One of Louisiana, NA

2013 La.App. 4 Cir. 1058 · Louisiana Court of Appeal · Feb 26, 2014

Thompson, clearly does not imply any accusations of criminal activity. The latter finding, that Rev. … I would note that the record clearly reflects that this litigation stemmed from the misinformation provided to the members of the First Zion Baptist Church of New Orleans by Bank One regarding the CD mistakenly attributed

Robert Neil Guilbeau v. Bayou Chateau Nursing Center

Louisiana Court of Appeal · May 17, 2006

This determination as to Bayou Chateau’s status as a qualified healthcare provider and the related statement as to limitation of liability is clearly substantive insofar as these inclusions add to or take away from the … In short, the record fails to establish that the trial court erred in fashioning its award for the survival action.

State v. Wells

2011 La.App. 4 Cir. 0744 · Louisiana Court of Appeal · Apr 13, 2016

Brady also requires the disclosure of evidence concerning a promise of leniency or immunity to a material witness in exchange for his testimony at trial. Giglio, 405 U.S. at 154-55 , 92 S.Ct. 763 . … Wells was represented by two clearly competent attorneys, who advocated'zealously on his behalf, resulting in a conviction of a lesser offense. There is no evidence, that Mr..

Faulkner v. Better Services, Inc.

10 La.App. 5 Cir. 867 · Louisiana Court of Appeal · May 24, 2011

Tra-hant told she was qualified for disability because of the tears in her back and her bulging discs. Ms. … The WCJ concluded that the requisite burden of proof for an R.S. 23:1208 violation was not established.

Karno v. Trustees of the Louisiana State Employees' Retirement System

98 La.App. 1 Cir. 1335 · Louisiana Court of Appeal · Sep 24, 1999

(the Judges), qualified for retirement under this legislation. They agreed not to seek reelection or any other judicial office in exchange for the enhanced retirement benefits provided by Act 1063. … active service, but DROP clearly envisions the continuation of active service for up to three years, if a member is to receive the full benefits of DROP.

Board of Supervisors v. Villavaso

2014 La.App. 4 Cir. 1277 · Louisiana Court of Appeal · Dec 23, 2015

We find that the district court’s finding was not manifestly erroneous or clearly wrong. … However, the court also noted that the testimony and evidence introduced at trial did not establish that Villavaso was required to have any specific permits.

Sher v. Lafayette Ins. Co.

973 So. 2d 39 · Louisiana Court of Appeal · Jan 11, 2008

The evidence clearly establishes Section (g)(1) was not intended in any way to be a definition of the word "flood". … Similar qualifying language was not present in the Dixie case and, thus, I conclude differentiates the two cases.

U.L. Coleman Co. v. Gosslee

244 So. 3d 783 · Louisiana Court of Appeal · Nov 3, 2017

ULCC spent some time trying to qualify a Benjamin Dowis III as an expert in real estate broker-agent relations, but the court refused to accept him. Ms. … However, in the February 2016 opinion regarding statutory penalties and attorney fees, the court found that ULCC "clearly erred in failing to timely pay Ms.

Advanced Property Restoration Services, LLC v. Continental Casualty Company

Louisiana Court of Appeal · Oct 27, 2025

Applying Louisiana law to the same definition of “property damage”, courts have found purely economic losses do not qualify as “property damage” to trigger policy coverage. … APRS failed to establish it sustained “property damage” as defined in the policy.