Case law

Monroe Redevelopment Agency v. Faulk

287 So. 2d 578 · Louisiana Court of Appeal · Nov 13, 1973

To present both propositions in a single submission, thus rendering the success of the one dependent upon the success of the other, or the defeat of the one de *591 pendent upon the defeat of the other, is clearly unfair … Supreme Court of Mississippi similarly stated the principles of law here involved in the case of In re Validation Bonds, City of Moss Point, 170 Miss. 886 , 156 So. 516 (1934), in this language: “The rule seems to be well established

State v. Williams

95 La.App. 4 Cir. 1495 · Louisiana Court of Appeal · Jan 8, 1997

Next, he alleges that counsel failed to establish an alibi defense. Appellant complains that counsel did not have any meaningful discussions with him. … Concerning appellant’s fifty year sentence for attempted second degree murder, the testimony clearly establishes that appellant was the trigger man, firing numerous shots at the victim as he lay on the ground.

St. Charles Land Co. II v. City of New Orleans ex rel. New Orleans Aviation Board

14 La.App. 1 Cir. 101 · Louisiana Court of Appeal · Dec 23, 2014

The trial court also concluded that had the 8.08 acres not been included in the runway extension project, the property would not have qualified for a permit to allow development of the wetlands. … finding is clearly wrong.

State v. Parker

259 So. 3d 1112 · Louisiana Court of Appeal · Dec 12, 2018

The trial court first found that Smith did not qualify as an unavailable witness. 16 Next, the trial court determined that even if the witness was unavailable the statement would not be admissible evidence *1119 because the … A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. * * * * (7

Roy v. Gupta

606 So. 2d 940 · Louisiana Court of Appeal · Oct 6, 1992

The establishment of a breach of duty constituting malpractice raises the question of whether the malpractice contributed to the death, or lessened the decedent's chance for survival. This is a question of fact. … We cannot say that the findings of fact of the trial court are clearly wrong.

Greene v. Wright

365 So. 2d 551 · Louisiana Court of Appeal · Nov 20, 1978

The facts presented in our case reveal that although the opinion testimony was given by a non-qualified expert, M. R. … This court finds that Cargill, Inc. and its executive officers had a personal duty not to breach the high degree of care established by general tort principles, La.

Leon Boyd v. Rapides Parish Sheriff's Department

Louisiana Court of Appeal · Apr 1, 2026

Although Plaintiffs argue that the immunity recognized in La.R.S. 15:708(H) is inapplicable because of Armstead’s alleged status, the Defendants contend that such an argument is not supported by Louisiana Supreme Court … “[T]he trial court’s discretion in controlling the admission of expert testimony is well established in Louisiana jurisprudence.” S. Casing of La.,, Inc. v.

John C. Centanni, Jr. Versus Evablanche Mary Centanni

Louisiana Court of Appeal · Oct 19, 2021

[T]his court cannot overemphasize the fact that the party seeking the income tax return must clearly establish good cause for its production by showing the unavailability of the information from other sources … The applicable law clearly requires Ms. Centanni to establish the relevancy of the documents requested from each entity to the claims at issue between the parties.

Alcus v. Elliser

310 So. 2d 663 · Louisiana Court of Appeal · Mar 10, 1975

I just do not think under the circumstances he qualifies as court appointed surveyor. That maybe a technical objection, but I feel constrained to make it. BY MR. CAVANAUGH: Well Mr. … So basically the note depicts fairly clearly that the elevation of two was done in 1967, which I truthfully believe gave Mr. Elliser the benefit of this elevation. BY MR.

State of Louisiana v. Daniel Jeremy Eckert

Louisiana Court of Appeal · May 2, 2018

Larsen was not qualified to opine whether the application of a rear naked choke hold resulted in Clarissa’s death. I find that Mr. … Accordingly, I find the trial court clearly erred in denying Mr.

Johnson v. English

779 So. 2d 876 · Louisiana Court of Appeal · Dec 20, 2000

In reviewing the trial court's ruling on the JNOV motion, we inquire whether the facts and inferences established on the record point so strongly in favor of the mover that reasonable men and women could not have reached … C.E. art. 702 provides that "[i]f 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 by knowledge

Rochon v. Iberia Parish School Bd.

673 So. 2d 239 · Louisiana Court of Appeal · May 21, 1996

In Matthews, 619 So.2d 57 , however, the supreme court approved the offset where "[n]either plaintiff had served the requisite amount of time and therefore only qualified for retirement based on their disability...." … Clearly, Rochon qualified for and the plan was obligated to pay the additional benefits solely because of her disability.

Hagberg v. John Bailey Contractor

435 So. 2d 580 · Louisiana Court of Appeal · Jun 29, 1983

R.S. 37:2160(A) provides: "It shall be unlawful for any person to engage or continue in this state in business of contracting as defined in this chapter, without having qualified as a contractor under the provisions of this … This legislative statement clearly establishes an umbrella of protection for the general public. As a prohibitory law the licensing provisions required for contractors cannot be avoided by private agreement. LSA-C.C.

Younce v. Pacific Gulf Marine, Inc.

817 So. 2d 255 · Louisiana Court of Appeal · Apr 10, 2002

The record does not clearly establish how Younce's attorney came by any information that Judge LaDart had come to a decision in the matter. … During this questioning, it was established without question that until trial Dr.

La. Power & Light Co. v. United Gas Pipe Line Co.

478 So. 2d 1240 · Louisiana Court of Appeal · Sep 4, 1985

To establish this fact it must be shown that the alleged conspirators were capable of conspiring together. … To maintain a claim of unlawful monopolization under R.S. 51:123 (or Sec. 2 of the Sherman Act), the plaintiff must establish, by a preponderance of the evidence, that the defendant: 1) possessed monopoly power in a clearly

Hennegan v. Cooper/T. Smith Stevedoring Co.

2002 La.App. 4 Cir. 0282 · Louisiana Court of Appeal · Dec 30, 2002

Factual findings made by the trial court in a claim under general maritime law are reviewed under a clearly erroneous standard, which is the same manifestly wrong or clearly wrong standard of review used by the Louisiana … There is no minimum established dose threshold for exposure to asbestos in causing mesothelioma.

State v. Otkins-Victor

15 La.App. 5 Cir. 340 · Louisiana Court of Appeal · May 26, 2016

Courts can also consider whether a witness has previously been qualified as an expert. Craig, supra. … Boles’ credentials established her untruthfulness regarding the field of expertise in which defendant sought to have her qualified as an expert.

Davis v. Borskey

643 So. 2d 179 · Louisiana Court of Appeal · Aug 22, 1994

Mere negligence in making a statement is insufficient to establish reckless conduct. … The jury was clearly wrong in finding that Mr. Borskey's words were defamatory. The affidavit which forms the basis of plaintiffs' claims against Mr.

Milke v. Ratcliff Animal Hospital, Inc. ex rel. Ratcliff

120 So. 3d 343 · Louisiana Court of Appeal · Jul 10, 2013

It is essentially hearsay, but could possibly qualify as a learned treatise under the hearsay exception if referred to and attached by an expert in testimony or an affidavit. Id.; La. C.E. 803(18). … It further found that Zurich’s answer and defense in the lawsuit demonstrated clearly that it considered the case to be a malpractice claim, *354 not a property claim.

Carrier v. Louisiana Pigment Co., LP

846 So. 2d 803 · Louisiana Court of Appeal · Feb 19, 2003

The Reservation of Rights Agreement was established as part of the settlement *809 in Mr. Carrier's lawsuit. … It clearly state[d] that the indemnity [was] required for all of the claims that were previously listed in the insurance clause." Id. at 381 .