Case law

Louis Petkovich, Jr. and Julie D. Petkovich v. Franklin Homes, Inc., Gulf Coast Mobile Homes, Inc., Landry Mobile Home Transporters, Inc., and Nta, Inc.

Louisiana Court of Appeal · Sep 22, 2022

R.S. 9:2772(H)(1) contains a fraud exception,5 the Petkovichs provided no evidence to establish fraud committed by Landry. … The building framing is clearly shifted and out of position due to wind effects caused by the storm.

Pattridge v. Starks

189 So. 3d 1112 · Louisiana Court of Appeal · Feb 24, 2016

Although this may be an accurate statement of the measure of damages in a case where (1) lost, profits alone are at issue and (2) those profits may be established more clearly, in this case, the damage to Endu-rall from Edwards … However, our jurisprudence has qualified this codal provision with the general rule that a defense not raised and passed upon in the trial court may not be raised for the first time on appeal. Young v.

Langlinais v. Leblanc

272 So. 3d 896 · Louisiana Court of Appeal · Apr 17, 2019

The evidence does not establish that he carried his burden of proof. Chad presented expert evidence establishing that he can earn $18,000 per year. … The evidence does not establish that he carried his burden of proof. Chad presented expert evidence establishing that he can earn $18,000 per year.

Clyde Snider, Jr. v. Louisiana Medical Mutual Ins. Co.

Louisiana Court of Appeal · Aug 27, 2014

The record clearly supports a finding that Dr. Yue failed to follow the protocol established in the guidelines for “Indications for Permanent Cardiac Pacing”. … According to these three highly qualified medical experts, and Snider’s treating physician, “[Dr.

Bennett v. Sedco Maritime

520 So. 2d 894 · Louisiana Court of Appeal · Nov 4, 1987

James Bison was qualified by the court as an expert in offshore drilling practices and procedures, and, in particular, activities on the drilling floor. … In any case defendant contends that when considered the affidavit establishes that impartial justice was not done and a new trial should have been ordered.

State of Louisiana v. Damond Scott

Louisiana Court of Appeal · Aug 30, 2023

In this case, the trial court erred in imposing a sentence of life imprisonment without benefit of parole because this case clearly falls within the scope of La. … ; or (2) upon the State to establish beyond a reasonable doubt that the defendant did not act in self-defense.

State v. Hampton

96 La.App. 3 Cir. 608 · Louisiana Court of Appeal · Dec 11, 1996

A trial court’s ruling in this regard will be disturbed only if the prejudicial effect of the photographs clearly outweighs the probative value. … When she was later brought in to testify, the district court held a hearing outside the jury’s presence to determine whether Holmes was qualified to testify.

Franco v. Franco

881 So. 2d 131 · Louisiana Court of Appeal · Sep 23, 2004

The defendant argues that the plaintiff has failed to post his bond in a timely manner and that the personal surety bond does not qualify as an appeal bond. … This merely established the cut-off for filing a motion to dismiss. It does not say that one filed earlier may not be considered. Wright v.

New Orleans Firefighters Local 632 v. City of New Orleans

2003 La.App. 4 Cir. 1281 · Louisiana Court of Appeal · May 26, 2004

However, the Court did find that Commission Rule IV, § 8.1 clearly violated La. … Although the discretionary raises were not designated as “longevity pay increases,” the first 2% of each raise qualifies as such under Turner .

Jones v. Capitol Enterprises, Inc.

2011 La.App. 4 Cir. 0956 · Louisiana Court of Appeal · May 9, 2012

Merlin Wilson, who was qualified as an expert in the field of medicine with a specialty in allergies. In preparation for trial, Dr. … FFIC contends that an award of $20,000 for this claim is clearly excessive. Again, FFIC’s reference to the $20,000 award ignores the lump sum nature of the award.

State v. Barlow

0 La.App. 3 Cir. 1657 · Louisiana Court of Appeal · Jun 27, 2001

|Jn other words, this court clearly recognized that, once the traffic stop ended, reasonable suspicion was needed to initiate any further investigation. … No. 97-8[2], 1997 WL 165489 (a canine sniff of a person may qualify as a “search”). Thus, the “free air search” by the sergeant’s dog did not impinge upon defendant’s rights.

McDaniel v. Capitol Transport Co.

35 So. 2d 38 · Louisiana Court of Appeal · Apr 21, 1948

on the part of the plaintiff, and plaintiff has introduced its proof as to the alleged negligence of the defendant, and defendant has introduced its proof as to the alleged negligence of the plaintiff, and the Court is clearly … Charles McVea who did not qualify himself as an expert in the interpretation, of X-ray plates but who had at least the same training as Dr. Lewis and Dr. McClendon and in his practice had occasion to read X-ray plates.

Guste Homes Resident Management Corporation v. Renard Thomas

Louisiana Court of Appeal · Jul 29, 2020

erroneous or clearly wrong.” … See, e.g., Mazzini, 13-0555, p. 7, 140 So.3d at 258 (affirming eviction judgment and rejecting a lessee’s accommodation argument where lessee failed to prove a qualifying disability under the FHA); Renewal Homes v.

State v. Roebuck

530 So. 2d 1242 · Louisiana Court of Appeal · Aug 3, 1988

They clearly had reasonable cause to stop the two. … On October 8, 1987 the police officers established a surveillance.

State v. Bone

12 La.App. 5 Cir. 34 · Louisiana Court of Appeal · Sep 11, 2012

Jene Rauch qualified as an expert in the field of forensic firearms examination and testified that she examined the cartridge casings, projectiles, and three firearms recovered in connection with the shooting. … The trial court’s denial of a motion to suppress is afforded great weight and will not be set aside unless the preponderance of the evidence clearly favors suppression. State v.

Moore v. Murphy Oil USA, Inc.

186 So. 3d 135 · Louisiana Court of Appeal · Dec 23, 2015

Thereafter, if the adverse party fails to, produce factual evidence sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact, and the mover … Our comments under this discussion clearly pertained to cases that were tried either by judge or jury.

St. Raymond v. City of New Orleans

99 La.App. 4 Cir. 2438 · Louisiana Court of Appeal · Feb 23, 2000

Moreover, a study of all of this court’s caselaw on this issue clearly reveals the fallacy in Mr. St. Raymond’s arguments. … Raymond also contests the trial court’s conclusion that all damages he suffered were monetary damages, which do not qualify as irreparable injury.

James Schexnayder Versus Jefferson Parish Fire Department

Louisiana Court of Appeal · Mar 1, 2023

Therefore, he is clearly entitled to the presumption set forth in the Cancer Act. … Consequently, we find the OWJ was clearly erroneous in dismissing claimant’s 1008.

American Gaming Ass'n v. Riverboat Gaming

838 So. 2d 5 · Louisiana Court of Appeal · Sep 11, 2002

To have a property interest protected by due process, a person must clearly have more than an abstract need or desire for it. … The Court reasoned that AFDC payments "are a matter of statutory entitlement for persons qualified to receive them." 397 U.S. at 262 , 90 S.Ct. 1011 .

Dixon v. Winn-Dixie Louisiana, Inc.

638 So. 2d 306 · Louisiana Court of Appeal · May 17, 1994

Generally, La.C.Cr.P. art. 215 grants immunity from civil liability for damages arising from false imprisonment to merchants and "specially authorized" employees of merchants who "use reasonable force to detain a person for … However, in light of the principles of appellate review established by the Rosell and Stobart cases, Winn-Dixie's arguments are misplaced.