Case law

State v. Thomas

928 So. 2d 649 · Louisiana Court of Appeal · Feb 15, 2006

Relators argue that they clearly set forth their right to a speedy trial. … Relators clearly asserted their right to a speedy trial.

Elio Motors, Inc. v. La. Motor Vehicle Comm'n

268 So. 3d 1132 · Louisiana Court of Appeal · Mar 27, 2019

manufacturing facilities in the United States that produce fuel-efficient advanced technology vehicles (ATVs) or qualifying components, or who perform engineering integration in the U.S. for ATVs or qualifying components … The asterisk next to the price referred the reader to the same qualifying language noted above.

Boudreaux v. State, Department of Transportation

2004 La.App. 1 Cir. 0985 · Louisiana Court of Appeal · Jun 10, 2005

Some of the representative plaintiffs did try to salvage appliances and furnishings by either having qualified repairmen inspect, clean, and dry out damaged appliances or having friends or relatives with such credentials … In assignment of error number eight, the State asserts that the trial court’s determination that all of. the class plaintiffs who submitted claim forms are entitled to mental anguish damages was clearly wrong.

State v. Boyd

999 So. 2d 40 · Louisiana Court of Appeal · Nov 12, 2008

Our review of the record establishes that (1) the bicycle's purchase price was approximately $525.00; (2) while she could not remember exactly, Mrs. … It is not necessary that an owner be qualified as an expert in order to testify as to the value of the thing owned by him. Here the owner was not shown to lack knowledge of the value of the *48 thing stolen.

State v. Lee

208 So. 3d 492 · Louisiana Court of Appeal · Oct 12, 2016

Tyler approached the vehicle, clearly in plain view of the arresting officer. … Townly, the State established that the large volume of marijuana recovered from the scene was intended for distribution.

Coleman v. Caddo Parish School Bd.

635 So. 2d 1238 · Louisiana Court of Appeal · May 2, 1994

(b) Emphasize that abstinence from sexual activity is a way to avoid unwanted pregnancy, sexually transmitted diseases, including acquired immune deficiency syndrome, and other associated health problems. … These passages clearly show the intent of the curriculum to present its message in moral terms.

State v. Carr

618 So. 2d 1098 · Louisiana Court of Appeal · Apr 23, 1993

Initially, we note that trial counsel's conduct in the instant case is clearly distinguishable from that of defense counsel in Wiley . … Moreover, as will be noted herein, we find this argument to be meritless, since defendant clearly abandoned this issue.

Brice Building Co. v. Southland Steel Fabricators, Inc.

194 So. 3d 1285 · Louisiana Court of Appeal · Jun 17, 2016

“A manifest disregard of the law refers to error which is obvious and capable of being readily and instantly perceived by an average person qualified to serve as an arbitrator.” Id. … The doctrine implies that the arbitrator appreciates the existence of a clearly governing legal principle but decides to ignore it. Welch , 95-2085 at p. 6, 677 So.2d at 524 .

State Ex Rel. Jn

984 So. 2d 910 · Louisiana Court of Appeal · May 7, 2008

The trial court clearly accepted Jenny's testimony as credible, and it is not the function of this Court to reassess that credibility call, or to reweigh the evidence. State v. … In the matter sub judice, the record does not establish the reliability of the in-field identification.

Rodriguez v. Walters

2012 La.App. 4 Cir. 0959 · Louisiana Court of Appeal · Feb 5, 2014

Whether or not a duty exists is a question of law for the court to decide based upon the facts and circumstances of the case as established in the evidence of record. Lemann v. … R.S. 34:851.18, is also supported by well-established maritime law.

Schilling v. US Fidelity & Guar. Co.

487 So. 2d 127 · Louisiana Court of Appeal · Mar 25, 1986

McFate was qualified as an expert in mechanical engineering with expertise in dynamics. … The situation presented in the case sub judice is clearly distinguishable from the factual situation presented in Sinitiere v. Lavergne, supra .

State of Louisiana v. Stacy Tyrone Johnson, Jr.

Louisiana Court of Appeal · Dec 4, 2019

Again, Defendant’s motion failed to establish the degree of underrepresentation. … Even if considered a cognizable community group, Defendant has not established that the temporary exclusion of this group from the jury venire because of an established process is an unreasonable means of

Stevenson v. Bolton Co., Inc.

484 So. 2d 678 · Louisiana Court of Appeal · Mar 31, 1986

The medical evidence clearly establishes plaintiff's long history of back and leg pain related to numerous traumas, as well as to female and urinary disorders. … The author of Fruge (Judge Tate) qualified the Fruge quote used by the majority in a dissenting opinion in Frame v.

Roberts v. State

776 So. 2d 519 · Louisiana Court of Appeal · Nov 2, 2000

Ins., 587 So.2d 5, 8 (La.App. 3 Cir.1991) (citations omitted), the proof required for an award of future medical expenses was addressed: Future medical expenses, like any other damages, must be established with some degree … Jackson's testimony initially indicated total expenses of $15,200.00; this figure was qualified by his additional testimony that an insurer would only approve a shorter stay.

State v. Segura

13 La.App. 3 Cir. 398 · Louisiana Court of Appeal · Dec 11, 2013

Upper-level Iberia Parish officials were clearly connected with the newspaper article. … The Goodson court clearly delineated degrees of taint for potential jurors.

Janet Troquille v. Stirling Properties, Inc.

Louisiana Court of Appeal · Nov 5, 2014

Troquille ran into should have been more clearly marked. He based his opinion on a “code,” but did not specify which code. Mrs. Troquille introduced Mr. … Wood qualified. We find the trial court erred in ruling the affidavit of Mr. Wood inadmissible. We now turn to the question of whether summary judgment was appropriate if the affidavit of Mr.

Suazo v. Suazo

970 So. 2d 642 · Louisiana Court of Appeal · Sep 14, 2007

The trial court clearly erred as a matter of law in finding Ms. Suazo in contempt of court for missing two appointments with Dr. … Furthermore, no proof of contempt beyond a reasonable doubt was established. 2. The trial court manifestly erred and abused its discretion in denying Ms.

State v. Thompson

2016 La.App. 4 Cir. 0409 · Louisiana Court of Appeal · Nov 23, 2016

He requested the trial court establish a monetary value for the seized property of $635,000.00. … The LDWF also contends that it is statutorily immune from any liability under La.

New Orleans Private Patrol Service, Inc. v. Shorts

908 So. 2d 73 · Louisiana Court of Appeal · Jun 29, 2005

Shorts was qualified for unemployment compensation benefits. Ms. … Additionally, in reviewing your request for vacation dated June 28, 2003, you clearly state that your vacation would conclude on Thursday, July 17, 2003.

Christopher J. Bruno v. Jennifer M. Medley, Individually and "Jennifer M. Medley Campaign Fund"

Louisiana Court of Appeal · Nov 2, 2020

Sullivan[, supra,]” appellate courts “must exercise independent judgment and determine whether the record establishes actual malice with convincing clarity.” Bose Corp. v. … A district court is “afforded wide discretion” in admitting expert testimony, and the “district court’s decision to qualify an expert will not be overturned absent an abuse of discretion.” Cheairs v. State ex rel.