Case law

Lanclos v. Coastal Food, LLC.

4 La.App. 3 Cir. 222 · Louisiana Court of Appeal · Jul 7, 2004

Moreover, in Wise [ 707 So.2d at 1217 ], the Louisiana Supreme Court stated: A work injury subsequent to a known permanent partial disability qualifies an employer to seek reimbursement for worker’s compensation benefits … Texas-LA Cartage, Inc., 98-1063, p. 8 (La.12/1/98), 721 So.2d 885 , 890 that: “The unambiguous language of La.R.S. 23:1201 clearly establishes that penalties and attorney fees for failure to timely pay benefits shall be assessed

Noles-Frye Realty v. Dixon

246 So. 3d 603 · Louisiana Court of Appeal · May 9, 2018

It does not qualify that return based upon a "reason" the loan could not be obtained. … However, the trial court clearly rejected that argument and addressed its findings based upon such a condition.

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. Jackson

452 So. 2d 1250 · Louisiana Court of Appeal · Jun 6, 1984

David Permenter, a Louisiana State Police officer, who is a qualified expert in accident reconstruction, testified that from his study of the present accident, there was no evidence of any kind that the driver of the vehicle … Clearly, in the present case, the defendant's first statement to the deputies at the scene of the accident was made during a noncustodial investigation. The defendant was not entitled to Miranda warnings at that point.

State v. Stewart

982 So. 2d 353 · Louisiana Court of Appeal · May 7, 2008

Expert testimony established that the bullet which killed Myers was consistent with that fired from a .233 Mini Fourteen Ruger ("Ruger") rifle, although no positive identification of the weapon could be established. … Richard Beighley, a criminalist with the North Louisiana Crime Lab, was qualified as an expert in firearms analysis and identification.

Mini Togs Products, Inc. v. Wallace

513 So. 2d 867 · Louisiana Court of Appeal · Sep 23, 1987

It has not been demonstrated that the trial judge's decision was manifestly erroneous or clearly wrong. … Although some defects were admitted, it was necessary for the plaintiff to establish most of the defects and the costs of correcting them.

Louisiana State Mineral Board v. Albarado

173 So. 2d 5 · Louisiana Court of Appeal · Mar 8, 1965

much time and effort to establish and protect their rights. … To remove any doubt of our intention, we will attempt to state our opinion clearly.

Brandi Billeaudeau v. Opelousas General Hospital Health System

Louisiana Court of Appeal · Apr 6, 2016

Thus, the discretionary “law of the case” doctrine is clearly applicable. … We will not create law by judicial fiat when, as here, the legislature clearly failed to do so.

Global Marketing Solutions, LLC v. Blue Mill Farms, Inc.

153 So. 3d 1209 · Louisiana Court of Appeal · Sep 19, 2014

Mineral Code arts. 11 and 134, which contains no statutory or jurisprudential support, Eagle Pipe clearly states that leases convey personal rights only, and we can find nothing in the Mineral Code or the Civil Code which … Magnolia does not state that the plaintiff had a real right to sue for the damage to its property caused by the mineral lessee; instead, the Magnolia court uses the term “property right,” qualifying it as “arising out of

Zachary Joel Seay v. Kirby Jane Banks

Louisiana Court of Appeal · May 13, 2026

FONTENOT: And that’s what I - - because he wasn’t qualified as an expert in any field. BY MR. … Mr. deClouet testified that he had never been qualified as an expert in court. Ms.

Wilkerson v. Wilkerson

962 So. 2d 1137 · Louisiana Court of Appeal · Aug 15, 2007

An appellate court may not set aside a trial court's factual findings absent manifest error or unless clearly wrong. Stobart v. State through Dept. of Transp. and Dev., 617 So.2d 880 (La.1993); Ball v. … NOTES [1] Traylor's appointment qualifies as the appointment of a special master in accordance with the provisions of La.

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.

Talluto v. Patchen

370 So. 2d 618 · Louisiana Court of Appeal · Apr 10, 1979

The current standard for appellate review of damage awards has been clearly set forth in Coco v. … However, the compensation insurer voluntarily reinstated benefits on June 27, 1977. [3] The actual weight of the tables was never clearly established. Estimates by the witnesses varied between 100 pounds and 250 pounds.

Michael Spillman v. Career Adventures, Inc., and Risk Savers, LLC

Louisiana Court of Appeal · Aug 11, 2021

Therefore, the appellate standard of review applicable to the findings of a WCJ is the manifest error-clearly wrong test Harvey v. Sol’s Pipe & Steel, Inc., 50,114 (La. … SIF as follows: An employer operating under the provisions of this Chapter who knowingly employs…an employee who has a permanent partial disability, as defined in R.S. 23:1371.1, shall qualify

Nguyen v. Pausina

607 So. 2d 675 · Louisiana Court of Appeal · Oct 15, 1992

The unavailability [1] of the declarant is established by the fact that she resides in Vietnam. … The trial judge's decision not to allow this witness to be qualified as an expert in accident reporting was well within his discretion.

Allemand v. Zip's Trucking Co., Inc.

552 So. 2d 1023 · Louisiana Court of Appeal · Nov 14, 1989

Joseph Andre was qualified as an expert in accident reconstruction and testified on behalf of the [p]laintiff. … Clearly, if Caro had exercised supervision over the docking procedure employed by Mr.

Patrick Sandel v. the Village of Florien

Louisiana Court of Appeal · Mar 16, 2017

STANDARDS OF REVIEW Upon review, an appellate court may not set aside a trial court’s finding of fact in the absence of manifest error or unless it is clearly wrong. Stobart v. … The invalid petition notwithstanding, La.R.S. 18:1432 is permissive, not mandatory, and it does not establish the plaintiff’s burden of proof in this case.

State v. Sinclair

55 So. 3d 47 · Louisiana Court of Appeal · Nov 3, 2010

That indictment was quashed on May 23, 2002, on the basis that one of the grand jurors was not qualified to serve. … InA review of the record in this matter clearly indicates that during any periods in which Sinclair did not have a pending motion for a sanity commission, a motion to suppress evidence, or a motion to quash the prosecution

State of Louisiana in the Interest of K.G., T.G., and M.G.

Louisiana Court of Appeal · Feb 2, 2023

If a reasonable factual basis exists, an appellate court may set aside a trial court' s factual finding only if, after reviewing the record in its entirety, it determines the trial court' s finding was clearly wrong. … Richard England testified as an Indian Child Welfare Expert Witness designated by the Tribal Council of the Seminole Nation as the tribe' s qualified expert witness. Mr.

State v. Anderson

440 So. 2d 205 · Louisiana Court of Appeal · Oct 12, 1983

That she had not been qualified as such an expert before this trial is of no consequence. To hold otherwise would preclude an "expert" from ever passing muster. … We find that the State clearly satisfied its foundation and chain of custody requirements and that the rape kit was, therefore, properly admitted into evidence.