Case law

Davidson v. Peden

413 So. 2d 568 · Louisiana Court of Appeal · Apr 13, 1982

Poche was qualified as an expert in this case and he testified that Mr. Davidson was confined with dizziness and questionable X-ray changes. These changes concerned the eighth nerve and Dr. … It is well-established that although the trial judge is not required to give the precise instructions that are submitted, he is required to give instructions which properly reflect the law applicable in light of the pleadings

State of La, Board of Ethics v. Jackson Jones, Jr.

Louisiana Court of Appeal · Sep 30, 2019

Jones was not qualified to run for office due to his false certification and that Mr. Jones failed to rebut the BOE’s showing. … However, the record establishes that Mr. Jones did not obtain an order of appeal or post an appeal bond within that twenty-four-hour time delay. Therefore, Mr.

Ulrich v. Robinson

265 So. 3d 108 · Louisiana Court of Appeal · Nov 1, 2018

The factual findings upon which a class action certification is based should be reviewed on appeal by the manifest error (clearly wrong) standard. Id. … Conclusory allegations of a pleading alone are insufficient to establish the existence of a class. Id.

Ulrich v. Robinson

265 So. 3d 108 · Louisiana Court of Appeal · Nov 1, 2018

The factual findings upon which a class action certification is based should be reviewed on appeal by the manifest error (clearly wrong) standard. Id. … Conclusory allegations of a pleading alone are insufficient to establish the existence of a class. Id.

State v. Ashley

22 So. 3d 1045 · Louisiana Court of Appeal · Sep 23, 2009

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … Where the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with La. C. Cr. P. art. 894.1. State v.

Guillot v. Daimlerchrysler Corp.

2008 La.App. 4 Cir. 1485 · Louisiana Court of Appeal · Sep 24, 2010

The verdict is clearly wrong in allocating only 1% of fault to August Guillot. *180 6.) … As previously noted herein, an appellate court may not disturb a jury’s finding of fact unless the record establishes that a factual, reasonable basis |S2does not exist and the finding is clearly wrong or manifestly erroneous

Prestridge v. Humble Oil & Refining Company

131 So. 2d 810 · Louisiana Court of Appeal · May 9, 1961

The formula to be applied in determining whether or not it is a sublease or an assignment was clearly enunciated in Smith v. Sun Oil Co., 165 La. 907 , 116 So. 379, 380 . … Bradley, 219 La. 59 , 52 So.2d 247, 252 , the executors of an estate, who had qualified as such in the State of Mississippi, but who had not qualified as executors in Louisiana nor followed any of the other formalities required

Perret v. Webster

498 So. 2d 283 · Louisiana Court of Appeal · Nov 14, 1986

Considering the evidence, we conclude that both parties, Webster and NOPSI, were equally at fault and that the trier of fact was clearly wrong in its apportionment of fault. … Although plaintiff could have qualified for a job with American Automobile Association as a public relations manager, she was not sent there because of her voice impairment.

State v. Butler

615 So. 2d 496 · Louisiana Court of Appeal · Mar 3, 1993

Thus, the State clearly instituted prosecution within the six year statutory limitation. Furthermore, trial commenced on October 21, 1991, also within the two year statutory limit. … A charge which lists all possible verdicts and defines the nature of a qualified verdict is sufficient in law. State v. Ferguson, 240 La. 593 , 124 So.2d 558 (1960).

In Re: Medical Review Panel Proceedings of Travis Porche (D); Pcf File No. 2021-00615.

Louisiana Court of Appeal · Jun 2, 2025

Brooks clearly asserts a privilege as to certain documents. … C.C.P. art. 1424(C) qualifies the duty to produce the privilege log “in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege

Andrew C. Scott v. Omega Protein, LLC

Louisiana Court of Appeal · Jul 16, 2008

A plaintiff must initially establish a prima facie case of discrimination. Id. … A plaintiff establishes a prima facie case by showing that he: (1) is a member of a protected class, (2) was qualified for the position, (3) was terminated, and (4) was replaced by someone outside the protected class.

State v. Dixon

2013 La.App. 4 Cir. 0396 · Louisiana Court of Appeal · Jul 2, 2014

Officer Patrick testified that he wears corrective lenses every day and could clearly see within at least ten feet. … Gregory, 2013-1593, pp. 6-7 (La.App. 4 Cir. 3/5/14), 137 So.3d 663 , 668 this Court established a guideline for reviewing a trial court’s ruling based on mixed questions of law and fact.

State v. GRH

10 So. 3d 896 · Louisiana Court of Appeal · Jun 3, 2009

Additionally, Defendant asserts that P.B. was not able to establish if and when penetration actually occurred. … Qualifying verdicts in capital and noncapital cases: "In a capital case the jury may qualify its verdict of guilty as follows: (1) With the addition of the words `without capital punishment,' in which case the punishment

State of Louisiana v. Gerald Lynn Artis

Louisiana Court of Appeal · Dec 6, 2023

Defendant here does not argue that the State failed to establish any of the essential statutory elements of this crime. … And while Leah received immunity for her testimony, Jennifer and Craig did not receive any sort of plea agreement for their testimony.

Rathborne v. Hale

667 So. 2d 1197 · Louisiana Court of Appeal · Jan 19, 1996

Shall, supra, at 1016 , this Court succinctly stated the law relative to acquisitive prescription: "The requirements for establishment of the prescription of thirty years are clearly stated in Sessum v. … The Court denied the request stating that he would give no weight to Newell's testimony on this issue because Newell is not a qualified surveyor. JOHN E. WALKER, C.E.: John E.

Louisiana Public Facilities Authority v. All Taxpayers, Property Owners, Citizens of the State & Nonresidents Owning Property or Subject to Taxation Therein

2003 La.App. 1 Cir. 2738 · Louisiana Court of Appeal · Dec 23, 2003

*127 of security interest in and to the LSU Rent, and the donations, rents, revenues, premiums, and profits derived from the sale of tickets by Foundation in Tiger Stadium and revenues received by Foundation pursuant to Qualified … To this extent, the act is clearly unconstitutional. Historically, this state has given autonomy to its colleges and universities to manage their own affairs.

Underwriters at Lloyd'S Syndicate 1036 v. Danos & Curole Marine Contractors, L.L.C.

14 La.App. 3 Cir. 375 · Louisiana Court of Appeal · Oct 1, 2014

Co. of La., 03-2980, p. 15 (E.D.La.2004), 2004 WL 2452780 (unpublished opinion) (reasoning that “the indemnity provision clearly expresses an intent to indemnify not only [the company], but also [the company’s] invitee”). … We further conclude that Badger Oil is not covered under 11fithe Gray insurance policy with Danos & Curóle, as Badger Oil does not qualify as an additional insured under the MSA.

State Ex Rel. Muslow v. Louisiana Oil Refining Corp.

176 So. 686 · Louisiana Court of Appeal · Jun 1, 1937

The act establishes a rule of conduct for the protection of lessors, and their assignees] under oil and gas leases, and also a rule of security and safety for lessees and those holding under or purchasing from them. … Applying this rule to the case at bar, it is clearly seen that defendant’s fears of having to pay twice for the oil purchased from plaintiff are wholly groundless.

Trico Services Corp. v. Houston General Ins. Co.

414 So. 2d 1313 · Louisiana Court of Appeal · Apr 5, 1982

The record further shows that the Lochridge bid was judged reasonable by a qualified engineer who reviewed it. … establishes exceeds the loss of rent coverage of $129,600.

Alexander Marshall v. Nathan Boydston

Louisiana Court of Appeal · Mar 17, 2010

Laga’s lengthy testimony regarding his education and experience, the trial court qualified Dr. … Marshall failed to establish that he suffered an injury to his spine as a result of the accident. Mr. Marshall clearly suffered from headaches, back pain, and other various pains and conditions.