Case law

Enmon Enterprises, L.L.C. v. City of New Orleans ex rel. New Orleans Aviation Board

2011 La.App. 4 Cir. 0459 · Louisiana Court of Appeal · Sep 28, 2011

It noted that “NOAB staff provided Jani-King notice of this situation and allowed them 12 calendar days to submit a qualified substitution.” … Mandamus is an extraordinary remedy that is to be used sparingly to compel the performance of a ministerial duty that is clearly required by law. Id., p. 11, 798 So.2d at 1175 .

Exxon Pipeline Co. v. Hill

763 So. 2d 144 · Louisiana Court of Appeal · Jun 23, 2000

I agree with the majority opinion and especially our finding that the trial court manifestly erred in failing to qualify Oren Russell as an expert. … [o]r both" when he referred to the highest and best use as a pipeline corridor. [11] The record clearly establishes that Russell's testimony was relevant.

State v. Horton

962 So. 2d 459 · Louisiana Court of Appeal · Jun 20, 2007

Fargerson, who qualified as an expert in computer forensic analysis, testified concerning the pictures found on Horton's computer and his role in obtaining the search warrants, preparing his report on his findings from forensic … Coleman, supra , because the discovery of the illicit images on Horton's computer was clearly by accident, and the evidence adduced does not establish that Horton had a subjective expectation of privacy, nor did he demonstrate

State Farm Mutual Automobile Insurance v. Norcold, Inc.

88 So. 3d 1245 · Louisiana Court of Appeal · Apr 4, 2012

Thus, liability was established “by the time the claim was reported to Chartis on April 14, 2009.” … Alexis “Al” Mallet was qualified by the trial court as an expert in general construction, building estimates, and values. .

Thomas v. A. Wilbert & Sons, LLC

2015 La.App. 1 Cir. 0928 · Louisiana Court of Appeal · Feb 10, 2017

Templet was qualified as an expert in environmental planning and management, environmental chemistry, application of environmental regulations, and risk assessment and analysis. Dr. … We find the record fails to clearly establish that the stipulation referenced by Mr. Goodell was indeed agreed to by other class counsel.

Rhonda K. Oliver v. Sewerage & Water Board of New Orleans

Louisiana Court of Appeal · Mar 4, 2026

Or have you reached out to Benefits or [Human Resources] to see if your circumstances qualify for an extended leave[?]” A week later, on November 11, 2024, Ms. … The Commission’s factual findings are not disturbed upon review unless clearly wrong or manifestly erroneous. Id. (citation omitted).

Carolyn Deal v. Hon. J. Phillip Haney, D.A

Louisiana Court of Appeal · Nov 25, 2014

“Proof which establishes only possibility, speculation, or unsupported probability does not suffice to establish a claim.” Todd v. … apply two standards of review which are explained as follows: A trial court’s determination regarding the imposition of sanctions is subject to the manifest error or clearly

State v. Brown

746 So. 2d 643 · Louisiana Court of Appeal · Oct 6, 1999

In reviewing the record to determine sufficiency of the evidence, a jury's credibility decisions should not be disturbed unless clearly contrary to the evidence. State v. … And as we have also noted, a statement that qualifies for admission under a "firmly rooted" hearsay exception is so trustworthy that adversarial testing can be expected to add little to its reliability....

Vernon v. South Central Bell Telephone Co.

94 La.App. 3 Cir. 482 · Louisiana Court of Appeal · Nov 2, 1994

The burden of proof is on the mover to establish there are no genuine issues of material fact. … Clearly, whether plaintiff’s injury arose in or resulted from work performed by CD under the master contract is a disputed issue of fact. This factual dispute, *629 being material, summary judgment is precluded.

Ames v. Ohle

2011 La.App. 4 Cir. 1540 · Louisiana Court of Appeal · May 23, 2012

In December 1999, Ames executed an instrument establishing a Charitable Remainder Unitrust (“Trust”), which designated Ohle as trustee. … Ames’s cause of action for civil conspiracy pled in her petition does not 1T ¡.clearly identity the underlying tort that forms the basis for the alleged conspiracy.

Cy Williams Versus Mathew Alexander, III and Roussel Farms, Inc.

Louisiana Court of Appeal · Oct 17, 2025

In order to establish a claim for exemplary damages under La. … But defendants clearly rebutted any presumption with Dr.

Richard McNabb v. Louisiana Medical Mutual Insurance Company and Dr. Clinton E. Hart

Louisiana Court of Appeal · Nov 5, 2003

This issue was clearly the subject of the LPCF’s suspensive appeal and, thus, inappropriate for consideration by the trial court. … “Some” expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence.

Koussanta v. Dozier

16 La.App. 5 Cir. 45 · Louisiana Court of Appeal · May 26, 2016

Dozier responded with a Rule to Establish Custody, requesting joint custody of the child, domiciliary parent status, and a custody evaluation. … C.C.P. art. 863 will not be reversed unless clearly wrong or manifestly erroneous. Alombro, supra.

State v. Mills

900 So. 2d 953 · Louisiana Court of Appeal · Mar 29, 2005

The record clearly established that the victim possessed a .40 caliber gun and defendant possessed the.38 caliber gun. Finally, defendant asserts he shot at the victim only after the victim shot at him. … Tompson stated that he explained to Hicks that he was being compelled to testify and that, as a result, he had immunity from prosecution on anything he might say.

Keith Singletary v. State Farm Fire & Casualty Co.

Louisiana Court of Appeal · Apr 23, 2008

In sum, the Benefit Plan satisfies all prerequisites for qualifying as an “ERISA plan” under Donovan. … Thus, because we find that the trial court was unreasonable and clearly wrong in concluding that the record did not sufficiently establish that the Benefit Plan is an “ERISA plan,” we reverse that aspect of its decision

State v. Martin

582 So. 2d 306 · Louisiana Court of Appeal · May 16, 1991

In order to qualify to serve as a juror, the person "must" have "resided within the parish in which he is to serve as a juror for at least one year immediately preceding his jury service." La.C.Cr.P. art. 401(A)(1). … identity, absence of mistake or accident, or when it relates to conduct that constitutes an integral part of the act or transaction that is the subject of the present proceeding. * * * * * * The language of article 404(B)(1) clearly

Durbin v. State Farm Fire and Cas. Co.

558 So. 2d 1257 · Louisiana Court of Appeal · Feb 21, 1990

An odd lot claimant need not be absolutely helpless to qualify for total disability. … The trial court's finding to the contrary is clearly wrong and is reversed.

Williams v. Kirk's Tire & Performance

546 So. 2d 874 · Louisiana Court of Appeal · Jun 20, 1989

Further, the trial judge determined that plaintiff failed to prove by a preponderance of evidence that his injury resulted in an inability to earn wages equal to 90% or more so as to qualify for supplemental earnings under … Plaintiff had the burden of establishing by a preponderance of the evidence that he was in substantial pain.

State v. Griffin

16 La.App. 3 Cir. 424 · Louisiana Court of Appeal · Apr 19, 2017

C.E. art. 701, despite the defendant’s argument that expert testimony was required and that the trooper had not been qualified as an expert. … Despite being clearly overheard by Attorney Antoon and his assistant, Ms. Prewitt, when questioned by Attn.

Williams v. United Most Worshipful St. John's Grand Lodge

140 So. 2d 206 · Louisiana Court of Appeal · Mar 12, 1962

The petition of plaintiffs, after making all necessary qualifying allegations, alleges that the Grand Lodge was organized and incorporated for the purpose, as stated in the charter “ * * * to aid and assist its sick and distressed … That principle is so well established and recognized that it is unnecessary to cite the jurisprudence on it.