Case law

Cedotal v. Wausau Ins. Co.

497 So. 2d 395 · Louisiana Court of Appeal · Nov 5, 1986

A litigant may qualify to file suit in forma pauperis if the litigant is financially unable to pay for the cost of asserting his claims in court. LSA-C.C.P. Art. 5181; Benjamin v. … It has been established by the plaintiff's own testimony and the deposition of Dr.

Rhonda Jackson Versus Shondrell Perrilloux and Eliana Defrancesch in Her Official Capacity as Clerk of Court for St. John the Baptist Parish

Louisiana Court of Appeal · Aug 11, 2020

DeFrancesch and appellant herself establish the restitution has not been paid in full. … The above clearly requires restitution and considers it to be part of a defendant’s sentence.

Brian Drumm and the Class of Similarly Situated Persons, Kenner Firefighters Association Local 1427 Iaff Versus The City of Kenner

Louisiana Court of Appeal · Mar 4, 2020

That broad standard, of course, is based upon a conclusion that the trial court committed no error of law and was not manifestly erroneous or clearly wrong in making a factual finding that was necessary for the proper … Under these statutes, employee vacancies 3 Substantive laws establish new rules, rights, and duties or change existing ones.

Horton v. Blackrock Aggregates, LLC

213 So. 3d 429 · Louisiana Court of Appeal · Mar 8, 2017

. *434 C.C.P. art. 1734.1 permits a party who did not request a jury to post the jury-deposit within ten days of the deadline established by the court to make the jury deposit; such party may not utilize the untimely payment … Rarely should a District *443 Court’s choice of expert(s) be found clearly wrong.... Hayes Fund for First United Methodist Church of Welsh, LLC v.

Hickman v. Exide, Inc.

679 So. 2d 527 · Louisiana Court of Appeal · Aug 21, 1996

A witness qualified as an expert may testify in the form of an opinion or inference that embraces an ultimate issue to be decided by the trier of fact. La.C.Ev. art. 704. … Razza believed that despite the use of internal fixation and fusion revision procedures, Hickman had not yet established a full union and that an additional surgery might afford him long-term protection to the spine which

Morgan v. Barber Bros. Contracting Co.

195 So. 3d 676 · Louisiana Court of Appeal · Jun 3, 2016

A WCJ’s factual finding that a claimant’s condition has changed is entitled to great weight' and will not be disturbed unless clearly wrong. Id. Also see Olivier v. … The record ¾ this case establishes that Barber Brothers had sufficient factual and medical information to challenge Mr. Morgan’s disability status and to question the necessity of his medical expenses.

State Ex Rel. Scj

28 So. 3d 1206 · Louisiana Court of Appeal · Feb 3, 2010

To convict of attempted armed robbery, there must be sufficient evidence to establish the intent to take something of value even though the act of taking need not be established. … There was no discussion of whether Officer Greanery qualified as an expert in this field, but S.C.J. did not challenge or rebut his testimony.

Magee v. Pittman

761 So. 2d 731 · Louisiana Court of Appeal · May 12, 2000

These amounts were clearly evidenced at trial and were not contradicted. The medical expenses that were established at trial totaled $3,586.35, yet the jury only awarded $2,800. … The evidence clearly established that the plaintiffs incurred $5,205 in funeral expenses. Dr. Pittman did not contest these amounts.

State v. Sampson

480 So. 2d 952 · Louisiana Court of Appeal · Dec 4, 1985

The record established that defendant gained access into the mobile home by cutting a hole in a window screen and then entering through the open window. … Nothing in the record lends support to a conclusion that the trial court erred in finding the child to be qualified to be a witness. Consequently, this assignment of error is without merit.

James Jefferson Price, IV v. Erbe USA, Inc.

Louisiana Court of Appeal · Jun 9, 2010

The determination of an expert’s credibility is also a factual question subject to the manifestly erroneous/clearly wrong standard of review. … Humphries is in conflict on this issue of consent for the polypectomy, other evidence establishes that Mr.

Schoeffler v. Drake Hunting Club

5 La.App. 3 Cir. 499 · Louisiana Court of Appeal · Jan 4, 2006

Nevertheless, when there is a levee in proximity to the water, established according to law, the levee shall form the bank. … The succession establishing the heirship of the seven children was not complete.

State Ex Rel. JB v. JB, JR.

811 So. 2d 179 · Louisiana Court of Appeal · Feb 27, 2002

Such language is clearly permissive rather than mandatory. La. … Because both the case plans dated 1/11/01 and 7/19/01 clearly provide Mrs.

Roland Robin v. Russell Hebert

Louisiana Court of Appeal · May 1, 2013

Causation is clearly articulated as a requirement to overcome summary judgment. … Immediately thereafter, Plaintiffs were informed that Hebert and Boyer’s were not qualified for the panel review.

Claire James v. New Iberia Healthcare, LLC, Doing Business as Dauterive Hospital

Louisiana Court of Appeal · Nov 7, 2018

[W]here there are two permissible views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong. In Charpentier v. … When the alleged negligence of a specialist is at issue, only those qualified in that specialty may offer expert testimony and evidence of the applicable standard of care.

Guillot v. Blue Cross of Louisiana

96 La.App. 3 Cir. 0594 · Louisiana Court of Appeal · Jan 29, 1997

Clearly, the statute was enacted subsequent to the effective date of the Louisiana Blue Cross policy. … She had a pre-existing condition that he felt if they applied for regular benefits on the open market that they wouldn’t be able to qualify for them. Q.

Alvin Fairburn & Associates, LLC v. Marshall Henry Harris and Cindy Wale

Louisiana Court of Appeal · Oct 4, 2021

App. 5 Cir. 10/ 16/ 12), 102 So. 3d 904, 908 ( finding a trial court may grant a re -urged motion for summary judgment only if the movant has supplemented the record with meaningful additions that clearly establish there … Wale' s statements were defamatory per se, or subject to a qualified privilege, which is a recognized defense in a defamation suit.

Hollier v. Lay Down Service, Inc.

554 So. 2d 746 · Louisiana Court of Appeal · Dec 13, 1989

Despite Lay Down’s employees’ assertions that they properly rested the trough on the stand, the record clearly establishes that the trough was not supposed to fall and that something had to cause it to fall. … LaRocca’s assessment that Hollier is not totally disabled qualifies him to obtain employment at least at the minimum wage, doing light and sedentary work.

Gunderson v. FA RICHARD & ASSOCIATES

7 La.App. 3 Cir. 331 · Louisiana Court of Appeal · Feb 27, 2008

In pertinent part, La.R.S. 40:2203.1(B) provides: A preferred provider organization's alternative rates of payment shall not be enforceable or binding upon any provider unless such organization is clearly identified on the … The defendants claim that whether or not the various forms in which the defendants transmitted information regarding PPO discounts to healthcare providers qualify as "notice" under La.R.S. 40:2203.1 stands as an inherently

State v. Vaughn

259 So. 3d 1048 · Louisiana Court of Appeal · Sep 24, 2018

Robert Foley, who was qualified and tendered at trial as a forensic document examiner handwriting expert, reviewed the letter received by Mrs. … The record before us clearly establishes an adequate factual basis for the sentences imposed.

State v. Wade

758 So. 2d 987 · Louisiana Court of Appeal · May 15, 2000

This is proven by his own admissions to police and by his blood on the weapon. (3) The defendant fled from the scene, although clearly in need of medical attention from the gunshot wound. … Responding to a situation in which a store clerk was killed while defending himself, Dukes posited that this situation would not qualify for the death penalty which would be appropriate only if the robber killed the clerk