Case law

State v. Cooper

43 So. 2d 163 · Louisiana Court of Appeal · Nov 25, 1949

"We believe that the above remarks by the Court clearly indicate that the Court did not correctly construe relators claim. … (Emphasis ours) In order to maintain a writ of mandamus, it must be established that funds are available with which to pay the claim.

State v. Capps

461 So. 2d 562 · Louisiana Court of Appeal · Dec 12, 1984

It is apparent that a dispatcher for a municipal police department is not in the same category as a criminal deputy sheriff when determining whether they are qualified to serve as a juror on a criminal trial. … The testimony of Elizabeth Miller clearly shows that her deliberation would not be biased because of her position.

Palmer v. Hamp's Construction, L.L.C.

204 So. 3d 1124 · Louisiana Court of Appeal · Nov 30, 2016

Subcontractor agrees to coordinate its work properly with other Subcontractors and the Contractor, and maintain a qualified and capable job site supervisor in attendance at all times when work is in progress. … In reviewing a peremptory exception of prescription, this Court should not disturb the findings of the trial court unless they are clearly wrong. Brumfield v.

Natalie Henderson Individually and as Natural Tutrix of Her Minor Child "Gh" v. Josh Capdeville, Citizens' Committee for Education D/B/A Homer A. Plessy Community School and Guideone Insurance

Louisiana Court of Appeal · Mar 3, 2023

The images depicted in the photographs were not clearly visible. 4 February 12, 2020, by the classroom door, and that the rape(s) had only occurred on that day. … Lewis relayed that she has a master’s degree in special education and is certified in mild-moderate autism, and considers herself qualified to give an expert opinion for children in this range of autism spectrum.

Cibilic v. Cox Operating, L.L.C.

249 So. 3d 323 · Louisiana Court of Appeal · Jun 6, 2018

that the fact finder is clearly wrong or manifestly erroneous." … Cox also calls into question the trial court's decision to qualify Dr. Ed Cake as an expert.

Keith v. Bearden

488 So. 2d 1071 · Louisiana Court of Appeal · Jul 1, 1986

DUTY The existence of a duty on the part of the police jury is well established both statutorily and jurisprudentially. … The record supports a determination that the Police Jury's negligent conduct clearly included an awareness of the risk.

Darnette Daniels, Individually and on Behalf of Her Minor Child, Tayler McClendon v. State of Louisiana, Board of Elementary and Secondary Education, Orleans Parish School Board, New Beginnings Schools Foundation, and Tensquare, LLC

Louisiana Court of Appeal · Sep 16, 2025

Despite their efforts in the 30 days leading up to the May 17, 2019 graduation date, TenSquare personnel could not identify which students were eligible to graduate nor could it establish their class rank. … members of the class; (2) the named representatives must have a sufficient interest in the outcome to insure vigorous advocacy; and (3) counsel for the named plaintiffs must be competent, experienced, qualified

State v. Malone

2009 La.App. 1 Cir. 0060 · Louisiana Court of Appeal · Sep 18, 2009

R.S. 29:127(B)) that he and all members of his staff were qualified and certified to serve as trial counsel and took the mandatory oath (as provided in Article 42(A), LCMJ, La. … Relator’s conduct in making an alleged false statement regarding his certification to serve as counsel in the court-martial does not appear to fall within the type of conduct clearly prohibited and envisioned by the words

Harris v. Stimac

768 So. 2d 265 · Louisiana Court of Appeal · Sep 22, 2000

extraordinary care, which is a higher degree of care than reasonable care, that they were negligent in leaving the loaded weapon where it was accessible to the children, and that DHHR was also liable under the principle established … Although a servant may possess the qualities of an agent, all agents do not qualify as servants. The master-servant relationship cannot be equated with the principal-agent relationship.

Mickey Atkinson v. Lammico Ins. Co.

Louisiana Court of Appeal · May 4, 2011

All other tort liability by a qualified health care provider is subject to the general law of torts. Id. … Young Both the MMA and the Coleman factors clearly contemplate that the conduct occurs within the context of a patient-physician relationship.

Estate of Ehrhardt v. Jefferson Parish Fire Department

12 La.App. 5 Cir. 319 · Louisiana Court of Appeal · Jan 30, 2013

However, the record does clearly show that the 2005 claim was voluntarily dismissed by Mr. … After considering the entire record, we find the WCJ’s findings were reasonable and not clearly wrong.

State of Louisiana v. M S

Louisiana Court of Appeal · Apr 4, 2012

Clearly, the state met its burden of proof on this offense. … After Gurganus was given testimonial immunity, he provided unresponsive answers to the prosecutor, when asked questions about his police statement.

State of Louisiana v. Anthony Nathaniel Green, Sr.

Louisiana Court of Appeal · Jul 28, 2023

Defendant argues that the testimonial evidence from S.C. that the State intends to introduce does not qualify as evidence of similar crimes, wrongs or acts of sexually assaultive behavior under La. … App. 4 Cir. 3/19/03), 843 So.2d 488, 496. 6  Clearly, the victim’s identification of defendant as the person who raped her is relevant.

Preen v. Department of Welfare

636 So. 2d 1127 · Louisiana Court of Appeal · Apr 28, 1994

Preen was generally considered more qualified than Ms. Randall, her successor as Director of Nurses. The record 12reflects that although Ms. … The evidence clearly establishes that Ms. Preen was insubordinate and this evidence was unrefuted. In fact, Mr. Lumbi’s decision to suspend Ms.

Leteff v. Maryland Casualty Company

91 So. 2d 123 · Louisiana Court of Appeal · Nov 26, 1956

Nevertheless, they do clearly show a long established and well recognized line of jurisprudence recognizing the intent, purpose and effect of the policy language in question and applying it according to such obvious meaning … In the provision here under consideration the qualifying phrase `the named insured or a member of his household * * *.' is the object to the first preposition `by'.

Isidore Newman School v. J. Everett Eaves, Inc.

2008 La.App. 4 Cir. 1368 · Louisiana Court of Appeal · Aug 5, 2009

Newman is also managed by a board made up of qualified and professional people who should have been more aware of the potential risk from having inadequate business income/extra expense coverage. … Clearly, this was a calculated business decision made by clients who were knowledgeable and informed professionals.

State v. Ayres

509 So. 2d 763 · Louisiana Court of Appeal · Jun 10, 1987

Defendant argues that there was no foundation laid that would qualify the officers to testify as to their opinions. There is no merit to these two assignments of error. … The Louisiana Supreme Court has established that intoxication, with its attendant behavioral manifestations, including disorientation, is an observable condition about which a witness may testify. State v.

State of Louisiana v. D'Mycal Lmontay Turner

Louisiana Court of Appeal · Apr 13, 2022

The fourth factor is whether expert or other testimony established that the amount of drug found in the defendant’s possession is inconsistent with personal use only. … qualified as an expert before.

Anderson v. Bossier Parish Police Jury

56 So. 3d 275 · Louisiana Court of Appeal · Dec 15, 2010

The BFEs are the basis for the floodplain management measures that each community is required to either adopt or show evidence of being already in effect in order to qualify or remain qualified for participation in the National … The community may at any time enact stricter requirements on its own, or pursuant to policies established by other Federal, State, or regional entities.

Mahfouz v. Xanar, Inc.

94 La.App. 3 Cir. 305 · Louisiana Court of Appeal · Nov 16, 1994

Therefore, we conclude the trial court was clearly wrong in this regard. However, for the reasons set forth hereafter, we conclude the judgment should be upheld. … Additionally, nothing in the record establishes anything more than the idea that Mahfouz might in the future consider a teaching career.