Case law

Thibaut v. Thibaut

607 So. 2d 587 · Louisiana Court of Appeal · Jun 29, 1992

The jury was clearly erroneous in awarding damages against Thibaut Oil Company, Inc. and John E. … Therefore, we are not required to apply the manifestly erroneous or clearly wrong standard of appellate review.

State of Louisiana Versus George Simon

Louisiana Court of Appeal · Jan 9, 2025

The district court found that Relator’s claim was not cognizable in a motion to correct illegal sentence and further found “no illegality in [Relator’s] sentencing, as the terms of the sentences imposed [were] clearly … within the statutory parameters established by law.”

Joshua Godchaux, Et Ux. v. Peerless Insurance Company

Louisiana Court of Appeal · Jun 4, 2014

Awards for future medical expenses constitute special damages which can be established with some degree of mathematical certainty. Thibeaux v. … My de novo review establishes that $100,000.00 for all general damages was appropriate. Likewise, it establishes that the $3,000.00 for loss of consortium was appropriate.

State v. Boyer

56 So. 3d 1119 · Louisiana Court of Appeal · Feb 2, 2011

Overzealous application of this remedy would infringe ‘the societal interest in trying people accused of crime, rather than granting them immunization because of legal error ... ’ United States v. … To grant Defendant relief would infringe on “the societal interest in trying people accused of crime, rather than granting them immunization because of legal error .... ” State v.

Sanders v. Louisiana High School Athletic Ass'n

242 So. 2d 19 · Louisiana Court of Appeal · Dec 9, 1970

That committee clearly had jurisdiction over the question which had been raised as to the eligibility of Rodney Sanders, and we find nothing in the record to show that its ruling was capricious or discriminatory. … the participation in interscholastic athletics is not a property right at all, but is a privilege which the school, or a voluntary association whose rules a school agrees to follow, may withdraw if the student fails to qualify

Nursing Enterprises, Inc. v. Marr

719 So. 2d 524 · Louisiana Court of Appeal · Aug 19, 1998

In fact, the information Nursing alleges Susan misappropriated does not qualify as trade secrets. … The jury was clearly wrong in concluding that Susan had participated in unfair trade practices.

State v. Eason

3 So. 3d 685 · Louisiana Court of Appeal · Feb 25, 2009

Fish’s answers “sounded more like a request for a hardship excuse than ... whether she was qualified and could sit as a juror.” The court stated: Oh, there’s — I’m sure it’s a hardship for her. … The trial court was convinced that the juror had a sufficient understanding and acceptance of the law, and that finding is not clearly wrong.

State v. Burge

515 So. 2d 494 · Louisiana Court of Appeal · Oct 14, 1987

This answer was later qualified to include one box of .44 caliber hollow point bullets, given by defendant's former girlfriend to an officer who was no longer with the sheriff's office. … The state objected on the ground that the proper foundation had not been established. The court reviewed Mrs.

State v. Hubbard

708 So. 2d 1099 · Louisiana Court of Appeal · Jan 27, 1998

It is well established that the testimony of the victim alone is sufficient to establish penetration. State v. Rives, 407 So.2d 1195 (La.1981); State v. Wright, 96-786 (La.App. 3 Cir. 2/19/97) , 690 So.2d 850 ; State v. … Because this second set of comments was not made in front of the jury, La.C.Cr.P. art. 772 does not apply, and clearly the jury could not have been influenced.

State v. ML JR.

35 So. 3d 1183 · Louisiana Court of Appeal · Apr 14, 2010

In this case, we find the conduct at issue does not even qualify as an "act" contemplated by the statute. … If "french kissing" does not qualify as attempted indecent behavior with a juvenile, we cannot say watching sexually-explicit videos qualifies.

Hoyt v. State Farm Mut. Auto. Ins. Co.

623 So. 2d 651 · Louisiana Court of Appeal · Sep 14, 1993

Gessner was qualified as an expert in orthopedic surgery and testified at trial that he first saw Michael on April 20, 1987, at which time Michael related being in the automobile accident and attributed the pain in his back … This finding is amply supported by the record and is not clearly wrong.

State of Louisiana v. Cardell A. Hayes

Louisiana Court of Appeal · Dec 16, 2025

unable to establish. … The pictures in this case clearly show that [the victim] was retreating back to his vehicle, perhaps to arm himself, perhaps not. There was clearly a holstered gun in his car.

Thomas v. AP Green Industries, Inc.

933 So. 2d 843 · Louisiana Court of Appeal · May 31, 2006

The safety inspector indicated that the position should be re-installed, and only qualified individuals should be allowed to work on the equipment. … One must clearly understand the factual and legal basis upon which Zimko was premised and its history. Zimko was a 3 to 2 decision of this court.

Meyers v. Denton

2002 La.App. 3 Cir. 1406 · Louisiana Court of Appeal · Jun 18, 2003

It was when the gates were placed on the road, that the road was no longer accessible to the public. | fiBased on this evidence, we cannot say the trial court was clearly wrong in its assessment of the evidence. … Lossin is an attorney who qualified as an expert in title work at trial and had checked title on the property for the Meyers.

State v. Haltom

462 So. 2d 662 · Louisiana Court of Appeal · Nov 29, 1984

Unless clearly indicated otherwise, compliance with this Part required of any public entity shall be done by the governing authority of such public entity if it has a governing authority. … "(d) Purchases of three thousand dollars or more but less than five thousand dollars shall be made by sending out written invitations for bids to at least five bona fide qualified bidders.

Bart Timothy Bordelon v. Jamie Lynn Difrancesco Bordelon

Louisiana Court of Appeal · Jan 15, 2025

App. 3 Cir. 4/11/12), 87 So. 3d 386, 395 (contributions by the mother’s family and friends when she needed assistance did not qualify as recurring monetary evidence with the only testimony being that of the father); and … Bordelon has not established that the inclusion of the IRA withdrawals and the monies paid by his parents is “clearly contrary to the law and evidence.”

State v. Helsley

457 So. 2d 707 · Louisiana Court of Appeal · Sep 26, 1984

Defendant was clearly informed of the charges pending against him and expressly stated that he understood those charges. … In fact, nothing in the record would lend support to a conclusion that the trial judge erred in finding Candace to be qualified to be a witness. Consequently, this assignment of error is without merit. C.

State v. Fields

2013 La.App. 4 Cir. 1493 · Louisiana Court of Appeal · Oct 8, 2014

NOPD Crime Lab Criminalist Corey Hall was qualified by the court as an expert in the field of chemical analysis of narcotics. Mr. … Such defense questioning of these jurors was clearly directed to establishing that in fact the particular juror could be fair and impartial to the state.

Anna Beaudoin v. Walmart Inc.

Louisiana Court of Appeal · Feb 12, 2025

or qualified privilege based on La.Code Crim.P. 215, the plaintiff’s claim for negligence is subsumed within her defamation claim. … The supreme court clearly differentiated the negligence standard that is part of a plaintiff’s prima facia case for defamation in cases involving a conditional privilege from the standard applicable to other negligence

Thomas Nearhood v. Fitness Partners of Pineville

Louisiana Court of Appeal · Nov 4, 2015

Nearhood qualifies as a sophisticated user of the squat machine; therefore, Mr. Nearhood cannot not satisfy the elements of his negligence claim—specifically, the element of duty—at trial. … The trial court clearly erred in finding Sport City at fault. Id. at 1158.