Case law

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

State of Louisiana v. Trae Williams

Louisiana Court of Appeal · May 8, 2023

After testifying to her qualifications and education, the defense did not traverse the predicate, and the trial court qualified Dr. O’Sullivan as an expert in forensic pathology. … Forensic Firearms Examiner Sean McElrath was called by the prosecutor and qualified as an expert in the field of ballistics examination and firearm testing.

Young Oil Co. of La., Inc. v. Durbin

412 So. 2d 620 · Louisiana Court of Appeal · Mar 2, 1982

Durbin was employed to perform specific tasks with her work hours being established by Mr. Young. He exercised ultimate control over her duties. … These judicial allegations enjoy a qualified privilege, LSA-R.S. 13:3415, which privilege has been limited substantially by Jones v.

Williams v. General Motors Corp.

639 So. 2d 275 · Louisiana Court of Appeal · Jun 15, 1994

This is clearly not what was intended by the Supreme Court in Southern Farm Bureau. … This is clearly not what was intended by the Supreme Court in Southern Farm Bureau.

State v. Eaglin

239 So. 3d 1001 · Louisiana Court of Appeal · Mar 28, 2018

The defendant submitted nothing to show she was not qualified to testify as an expert in forensic firearms analysis in this case. … Jashanna Drake's testimony is so inconsistent it cannot be relied on for establishing any fact. Although Mr.

Greater Baton Rouge Consol. Sewer Dist. v. Nelson

144 So. 2d 186 · Louisiana Court of Appeal · Jun 29, 1962

As established by the jurisprudence of this state, the general rule regarding the weight to be given the testimony of qualified experts in the determination of market value of expropriated property is that the opinion of … protection as would thus be available under such a system. *190 We wish to make it clear, however, that we impute no improper motive to our most respected brother below for the quoted portions of his reasons for judgment clearly

Wilson v. PNS Stores, Inc.

725 So. 2d 66 · Louisiana Court of Appeal · Dec 16, 1998

plaintiff must prove by a preponderance of the evidence the following elements of her case, i.e., she *71 must prove: One, she was within the protected category of the law, that is that she was pregnant; two, that she was qualified … More significantly, the trial judge clearly assumed the role of a participant in presenting the evidence to the jury rather than as an arbiter between the parties.

State v. Vincent

971 So. 2d 363 · Louisiana Court of Appeal · Oct 16, 2007

trial court erred in denying the Motion To Suppress The Evidence based on defected [sic] search and arrest warrants." [4] He contends that the search and arrest warrants were facially defective because the warrants do not clearly … In this pro se assignment, the defendant claims his trial attorney was ineffective for failing to adequately investigate the case and pursue pre-trial discovery to establish his defense that he was promised immunity from

Thonn v. Cook

863 So. 2d 628 · Louisiana Court of Appeal · Dec 10, 2003

The brief references in the record to consortium issues, previously quoted in the instant case, do not establish a very substantial claim. … Thonn's treating physicians, was qualified as an expert in neurology and neurophysiology. Mr.

Gisclair v. Bunge Corp.

95 La.App. 5 Cir. 391 · Louisiana Court of Appeal · Jan 17, 1996

Charles Parish for a ten year period under 1974 Louisiana Constitution Article VII, § 21(F) by virtue of its being classified as a ‘manufacturing establishment.’ ” On February 3, 1993, the three-member Tax Commission ruled … The export exemption in question does not include any “in transit” language, meaning that grain qualifying for the tax exemption can be held in elevators and does not have to be actually moving, as on a train or barge.

Eileen Granier and Brett Granier v. Lexington Insurance Company, Health Care Indemnity, Inc., Vernon J. Carriere, M.D. and Steven D. Jones, M.D.

Louisiana Court of Appeal · Dec 27, 2019

and not qualified, to the same extent that prescription is suspended against the party or parties that are the subject of the request for review.” … Contrary to plaintiffs’ position, this testimony does not establish that Dr. Carriere admitted to Dr. Jones that he had injured Ms. Granier’s bowel during her initial surgery which would have caused a perforation.

Monte v. Harvey

596 So. 2d 278 · Louisiana Court of Appeal · Mar 11, 1992

They were answered with a qualified no (not to the knowledge of the Defendant's salesman). … However, numerous appellate courts have clearly asserted otherwise (see for example Boteler v. Taquino, 517 So.2d 377 ).

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.

Oubre v. Eslaih

840 So. 2d 54 · Louisiana Court of Appeal · Feb 26, 2003

His testimony established that the site of the accident was beyond the patrolling jurisdiction of his department. … That is, the trial court was neither manifestly erroneous nor clearly wrong in its conclusion. Defendant’s Assignments of Error Number Two and Five through Nine.

Prudential Ins. v. CC & F BATON ROUGE

647 So. 2d 1131 · Louisiana Court of Appeal · Dec 27, 1994

However, as clearly reflected in the pleadings, there was no valid assignment of rentals because of the failure to properly record the assignment in the conveyance records. … However, the right to amend is qualified by the restriction that the objections be curable. Doe v. Entergy Services, Inc., 608 So.2d at 687 . Amendment is not permitted when it would constitute a vain and useless act.

Thompson v. St. Amant

184 So. 2d 314 · Louisiana Court of Appeal · Feb 28, 1966

Amant, had qualified as a candidate for United States Senator against the incumbent, Senator Russell B. … Thompson, is a well qualified, experienced law enforcement officer, having graduated from the F.B.I.

Short v. Plantation Management Corp.

781 So. 2d 46 · Louisiana Court of Appeal · Dec 27, 2000

This "reasonableness inquiry" applies where attorney fees are established by statute, as well as by contractual agreement. City of Baton Rouge v. … There is, moreover, inadequate evidence to support the establishment of a particular reasonable monetary sum of attorney fees in compliance with the requisites established by judicial fiat and the provisions of the Louisiana

Joffre v. Ike Haggert MacHine Works

100 So. 2d 557 · Louisiana Court of Appeal · Apr 21, 1958

We are warranted in the opinion that defendants have fully established the defense that Melvin Joffre was guilty of concurrent negligence which proximately contributed to the accident, and the record makes it abundantly certain … Such statements had been made without qualification, and what we held in the Rottman Case was that such statements were too broad, and we qualified the rule by holding that, when a defendant sees another in peril of which

Joseph v. Elmwood Medical Center

98 La.App. 5 Cir. 115 · Louisiana Court of Appeal · Jun 30, 1998

The trial judge explained: ... claimant testified clearly, concisely and credibly as to the cause, onset and continuing disability she suffers. … Jefferson Parish School Bd., 95-779 (La.App. 5th Cir. 2/14/96), 670 So.2d 1284 , 1287: A claimant in a worker’s compensation proceeding initially has the burden of establishing disability and its causal relation with the

Clark v. McDonald's System, Inc.

383 So. 2d 61 · Louisiana Court of Appeal · Jul 7, 1980

Within the one-year prescriptive period, plaintiff sued McDonald's Systems, Inc. under allegations showing clearly that the defendant was being sued as the owner or operator of the restaurant, for injuries caused by an alleged … La.App. 4th Cir. 1979), a suit filed against "The Torg Film Company" under the long-arm statute, was held to have interrupted prescription against the correct defendant, "Torg Film Services, Inc.", a foreign corporation not qualified