Case law

John Anthony Guidry v. Beauregard Electric Cooperative,inc.

Louisiana Court of Appeal · Apr 8, 2015

BECi contends the trial court erred in qualifying Mr. … We have reviewed BECi’s complaint that the trial court erred in qualifying Mr.

Gibson v. Nat'l Healthcare of Leesville, Inc.

270 So. 3d 664 · Louisiana Court of Appeal · Mar 7, 2019

"The burden of establishing the statutory criteria have been satisfied falls on the party seeking to maintain the class action." Id. … Gibson failed to establish that the class is so large that joinder would be impractical.

State v. Mitchell

8 La.App. 5 Cir. 136 · Louisiana Court of Appeal · Jan 13, 2009

Porter establishes that the window had no glass in it and was covered by plastic. … Isaba’s English skills were good enough to qualify her for jury service. It appears she was able to understand the |2ilaw as it was explained to her and to effectively answer the questions she was asked. Ms.

State v. Mills

505 So. 2d 933 · Louisiana Court of Appeal · Apr 1, 1987

LSA-C.Cr.P. art. 401 A(3) provides that in order to qualify as a juror, one must be able to read, write and speak the English language. … Defendant argues the evidence establishes the victim had intercourse, but does not establish she had been raped.

State v. Tolbert

716 So. 2d 949 · Louisiana Court of Appeal · Aug 19, 1998

Holmes: Immunity from prosecution. Randall testified that just before the robbery, the men discussed their plan to go into the Libertos' store, "lay them down," leave "no witnesses" and steal the money. … Dickson testified that he could clearly see the defendant, Randall, and Rushing on the tape, and that he identified these men on his first viewing of the tape.

Scott Harrison v. Lake Charles Mental Health

Louisiana Court of Appeal · Mar 7, 2007

and not qualified, to the same extent that prescription is suspended against the party or parties that are subject of the request for review. … The record clearly shows the pleading he filed with the trial court on August 20, 2002 was received by the Division of Administration.

State v. Bunley

805 So. 2d 292 · Louisiana Court of Appeal · Dec 12, 2001

The State established the victim's age (seventy-seven) at the time of death through her driver's license. … Appellant has not succeeded in proving and the record does not clearly show that under the facts of this case the trial judge abused his sentencing discretion. Id., 669 So.2d at 526 .

LA. PUBLIC FACILIT. AUTH. v. All Taxpayers

868 So. 2d 124 · Louisiana Court of Appeal · Dec 23, 2003

R.S. 17:1552 vests the Board "with full authority to determine the location of and acquire the land and buildings deemed necessary for the establishment of such branch." … To this extent, the act is clearly unconstitutional. Historically, this state has given autonomy to its colleges and universities to manage their own affairs.

In re the Succession of Beard

2013 La.App. 1 Cir. 1717 · Louisiana Court of Appeal · Jun 6, 2014

The evidence established that Carole and Julius purchased the farm during their marriage, and Shows and his children used the property for recreational purposes. … Moreover, Shows, as an owner identified in the judgment of possession and personally bound thereby, does not qualify as a “third person” entitled to rely upon the Public Records Doctrine. See La.

Ellis v. Whitmeyer

183 So. 77 · Louisiana Court of Appeal · Jun 1, 1938

“There is little conflict in the testimony of the witnesses and the facts of the case are rather well and clearly established. … “The facts of all of these cases are clearly distinguishable from the one at bar.

Brock v. Singleton

10 La.App. 5 Cir. 550 · Louisiana Court of Appeal · Mar 29, 2011

Barney Hegwood, qualified by the court as vocational rehabilitation counselor, was not able to evaluate Mr. Brock. … Brock in his case-in chief, we find no error in the denial of the motion by the trial court as he provided sufficient evidence in his case-in-chief to establish his claim.

Pierce v. Tom Fullilove Construction Co.

892 So. 2d 757 · Louisiana Court of Appeal · Jan 26, 2005

Nothing herein shall be construed to prevent any employer from carrying his own insurance towards his own employees; nothing herein shall apply to an employer qualified under the laws of this state to engage in the liability … Pierce to Fullilove does not clearly show that Mr. Pierce excluded himself from his compensation insurance policy.

Gibson v. Nat'l Healthcare of Leesville, Inc.

270 So. 3d 664 · Louisiana Court of Appeal · Mar 7, 2019

"The burden of establishing the statutory criteria have been satisfied falls on the party seeking to maintain the class action." Id. … Gibson failed to establish that the class is so large that joinder would be impractical.

Isla Resources, LLC v. Danette Trahan Frey

Louisiana Court of Appeal · May 31, 2006

Clearly, the testimony of Ms. King-Patin and Mr. Vegas as to whether a background check was performed prior to Ms. Frey’s hiring is not consistent. … Clearly, there is a dispute over the issue of whether Rhino Referral is the industry standard.

State v. Williams

610 So. 2d 991 · Louisiana Court of Appeal · Nov 23, 1992

Valerie Thompson, defendant's former girlfriend, testified as a witness for the state, admittedly in exchange for immunity from prosecution on any charges related to the shooting of Mr. Albanese. … He did not establish the racial composition of the parish; nor did he definitively establish the racial composition of the jury. See State v.

Earl McCarthy, Sr. v. City of Opelousas

Louisiana Court of Appeal · Apr 11, 2018

Domingue, the appellate court must first “find . . . there is a reasonable factual basis for the finding of the trial court, and . . . further determine that the record established that the finding is not clearly wrong … Brown established the tree was rotten from photos, which clearly provided no benefit to the City’s defense, and had no reason to lie about whether Mr. McCarthy was inside or outside of the truck.

State v. Lobo

11 La.App. 5 Cir. 51 · Louisiana Court of Appeal · Oct 25, 2011

Since the word “intentional” is included in the above definition of sexual battery without a qualifying provision, this Court has held that, under La.R.S. 14:11, only general criminal intent is required as an essential element … He asserts that even assuming those warnings were given, that fact alone does not establish a knowing or intelligent waiver of those rights. He contends that at most the state proved that Mr.

Roy Strother v. Guinn Oilfield Services

Louisiana Court of Appeal · Mar 3, 2004

Strother has proven by a preponderance of the evidence that he suffered an incident on his job during the course of his employment which qualifies as an accident under the Workers’ Compensation Law.” We agree. … Strother clearly benefitted from a presumption that a work-related accident caused his injuries.

State of La., Thru Dotd v. Paul Henry Wagner

Louisiana Court of Appeal · Dec 9, 2009

He presented the testimony of Michael Wilson, who was qualified as an expert in the planning, construction, and operation of convenience stores, who opined that the highest and best use of the subject property is as a … wrong standard, and factual findings should not be reversed absent manifest error or unless they are clearly wrong.

A. Copeland Enterprises, Inc. v. Harimaw, Inc.

528 So. 2d 707 · Louisiana Court of Appeal · May 16, 1988

We cannot say that the findings of the trial court as to these facts and his belief in the correctness of one expert opinion over the other are clearly wrong or manifestly erroneous. … Both experts seemed equally qualified and the court's reliance on the testimony of Masson was a proper exercise of its discretion. We find no manifest error here.