Case law

State v. Hall

2013 La.App. 4 Cir. 0453 · Louisiana Court of Appeal · Oct 9, 2013

In the instant case the motion for an appeal was clearly timely, because it was orally made at the hearing immediately after the motion to quash was granted. … The Louisiana Supreme Court, however, has also recognized a very narrow exception to the general rule "for cases in which the state cannot establish an essential element of the offense under any set of facts conceivably provable

Vining v. Bardwell

482 So. 2d 685 · Louisiana Court of Appeal · Dec 26, 1985

The contract also established a schedule by which payments would be made by Bekins to Bardwell. … The factual ruling of the trial court to the contrary is clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). Prior to trial, counsel for Vining attempted to serve R.T.

Ardoin v. Travelers Ins. Co.

229 So. 2d 426 · Louisiana Court of Appeal · Dec 15, 1969

The evidence does not establish that the pick-up truck was dirty or dusty enough to obscure or cover up the taillight. … We feel, however, that the evidence does establish a crop loss. The trial judge awarded $600 for this item, and we think such an award is justified.

Allie Mae Bruce v. Rapides Regional Medical Center

Louisiana Court of Appeal · Nov 2, 2006

that the finding is clearly wrong (manifestly erroneous). … Holton did not deviate from the applicable standard of care is not clearly wrong.

In Re: Medical Review Proceedings of Denielle Poree

Louisiana Court of Appeal · Nov 27, 2024

Martin and Gentilly Family Dental filed a Dilatory Exception of Prematurity, claiming they are qualified healthcare providers enrolled with the Patient’s Compensation Fund (“PCF”) and Ms. … Poree was clearly put on notice of the alleged malpractice on the day of the incident—February 10, 2022. Ms. Poree failed to provide any facts 4 La.

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.

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.

Molony v. Harris

2010 La.App. 4 Cir. 1316 · Louisiana Court of Appeal · Feb 23, 2011

Harris established their matrimonial domicile in New Orleans, although they lived in North Carolina a short period of time following Hurricane Katrina. … Gandle qualified her opinion by stating that she would need to know the amount and frequency of Ms. Harris’s alcohol use. Dr.

Dover v. Atlas Assurance Co.

15 La. App. 132 · Louisiana Court of Appeal · Nov 7, 1930

the following: “Though in some jurisdictions the fact that the consideration for the policy is entire has led the courts to declare the contract entire, an examination of the cases justifies the statement that the rule established … That article qualifies the language used in articles 2439 and 2456,- and clearly defines the meaning of such articles.

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.

Shirley Dufour v. River City Management, Inc.

Louisiana Court of Appeal · Nov 28, 2007

No amount paid as a penalty under this Subsection shall be included in any formula utilized to establish premium rates for workers’ compensation insurance. … Clearly, the statute, when read as a whole, was intended to apply to nonpayment of a judgment by employers and their insurers.

Transworld Drilling Co. v. Texas Gen. Res., Inc.

604 So. 2d 586 · Louisiana Court of Appeal · Jun 22, 1992

Among a sheriff's official duties is the appointment of a qualified and competent appraiser for a judicial sale. Id. … The rule established in Citizens Bank is broad enough to cover the circumstances of this case.

State v. Dabney

633 So. 2d 1369 · Louisiana Court of Appeal · Mar 15, 1994

"We hold that the Equal Protection Clause prohibits a prosecutor from using the state's peremptory challenges to exclude otherwise qualified and unbiased persons from the petit jury solely by reason of their race." … This court found that these facts established an inference of discrimination.

Angela Thomasee v. Jason Thomasee

Louisiana Court of Appeal · Oct 12, 2022

Angela argues that Claiborne’s opinion was the only expert opinion offered to establish the value of Thomasee Adjusters. … In fact, even though he answered that no one could just come in and take over his business, he added the qualifier “unless they pay me.”

Hibbert v. Mudd

272 So. 2d 697 · Louisiana Court of Appeal · Dec 13, 1972

It is difficult to establish when a party first learned of a certain fact. In making that determination, we look to his response to the information. … No administrator or other succession representative was appointed or qualified.

State v. Edgar

2012 La.App. 4 Cir. 0744 · Louisiana Court of Appeal · Sep 18, 2013

Her testimony established that the defendant used a weapon to force her to perform oral sex. … McCormick on Evidence, § 45, p. 94 (Clearly Ed.1972).

Thomas J. Bell, Sr. v. the City of Lake Charles

Louisiana Court of Appeal · Apr 19, 2017

The testimony established that the overtime system in the LCPD was based on the honor system; a supervisor had to assume that the requesting employee qualified for overtime because the supervisor had no way to verify the … of exceeding his authority in regards to Blaney’s school attendance, his basis for termination was the fact that Bell allowed Blaney to report and receive payment for regular hours and overtime that she did not work or qualify

Roger Vestal v. Cynthia D. Kirkland

Louisiana Court of Appeal · Nov 23, 2011

that the fact finder is clearly wrong or manifestly erroneous. … The medical testimony clearly established he would be unable to work in any of these positions in the future because of his injuries. Dr.

State v. Hackett

2013 La.App. 4 Cir. 0178 · Louisiana Court of Appeal · Aug 21, 2013

The state notes also that Officer Pollard, who was qualified as an expert in the taking and analysis of fingerprints, fingerprinted Hackett in court for purposes of comparison, and testified that the fingerprints contained … To rebut the presumption of constitutionality, the defendant must clearly and convincingly show that he is exceptional, which means that because of unusual circumstances he is a victim of the legislature’s failure to assign

Raymond Thibodeaux Versus Allstate Insurance Company and Michael Romano

Louisiana Court of Appeal · Mar 20, 2020

Romano clearly had both actual and constructive notice of the hazardous condition that caused his injuries and failed to take action to prevent this accident from happening. In particular, Mr. … The recommendation to consult with an expert, with the qualification “as needed,” clearly indicates that Mr.