Case law

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.

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.

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.

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.

Provosty v. ARC Construction, LLC

2012 La.App. 4 Cir. 1015 · Louisiana Court of Appeal · Mar 20, 2013

Furthermore, corporate agents are generally not liable for corporate debts and the burden of establishing the contrary is on the corporate creditor. 1 yjWhen a party seeks to pierce the corporate veil, the totality of the … C.C.P. art. 863 may not be disturbed unless the record furnishes no evidence to support the finding, or the finding is clearly wrong. Id.

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.

Johnson v. Sewerage & Water Board New Orleans

2015 La.App. 4 Cir. 0950 · Louisiana Court of Appeal · Mar 30, 2016

She ex *794 plained that the plaintiffs claims for TTD benefits were not paid because a claimant must be out of work for five consecutive days before being paid TTD payments and, therefore,, the plaintiff did not qualify. … La.Rev.Stat. 23:1201 “clearly establishes that penalties and attorney fees for failure to timely pay benefits shall be assessed unless the claim is reasonably controverted or such nonpayment results from conditions over which

Cox v. Willis-Knighton Medical Center

680 So. 2d 1309 · Louisiana Court of Appeal · Sep 25, 1996

The plaintiff must first establish by a preponderance of the evidence that the doctor's treatment fell below the ordinary standard of care expected of physicians in his medical specialty, and must then establish a causal … The psychiatrists who attended Glenn prior to his going to CDU never clearly ruled out major depression, yet never clearly set their course of treatment aimed totally at major depression with a month or more of anti-depressants

Susan Deano, John L. Deno & Mark Guilbeau v. Vidyadhar Akkaraju, M.D.

Louisiana Court of Appeal · Oct 1, 2003

In my opinion, the PCF’s assertion that the matter has prescribed is clearly not an “issue actually litigated . . .” as envisioned by La.R.S. 13:4231(3). … and not qualified, to the same extent that prescription is suspended against the party or parties that are the subject of this request for review.

State v. Mims

10 So. 3d 895 · Louisiana Court of Appeal · Jun 3, 2009

Defendant also clearly understood the possible verdicts and the consequences of conviction. Dr. … Illinois, 556 U.S. ___ , 129 S.Ct. 1446 (2009). [4] If all jurors are unbiased and qualified, there has been no due process violation. Id.

Hughes v. Goodreau

836 So. 2d 649 · Louisiana Court of Appeal · Dec 31, 2002

Ogima, the Louisiana Supreme Court stated: Although a servant may possess the qualities of [a mandatary], all [mandataries] do not qualify as servants. … In the case presently before us, clearly a contract of mandate existed between Broussard and Haber and the principal (Prudential). There was also an employment contract between these parties.

O'BRYAN v. Folk Const. Co.

594 So. 2d 900 · Louisiana Court of Appeal · Feb 13, 1992

We cannot say the trial court's findings in this regard are clearly wrong. … International Oilfield Divers, Inc., 791 F.2d 1237 (5th Cir. 1986) the same court qualified the rule to exclude future, unaccrued non-economic damages from prejudgment interest. However *908 in Martin v.

St. Raymond v. City of New Orleans

99 La.App. 4 Cir. 2438 · Louisiana Court of Appeal · Aug 2, 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.

State of Louisiana v. Gabriel O. Hunter

Louisiana Court of Appeal · Feb 10, 2026

Forensic Interview at Child Advocacy Center Allyson Conway, who was qualified as an expert in forensic interviewing, testified that she conducted a recorded forensic interview of the victim at the Child Advocacy … Conway testified that the interview was conducted using established protocols designed to elicit information in a non-leading and developmentally appropriate manner. Ms.

State of Louisiana v. Gabriel O. Hunter

Louisiana Court of Appeal · Feb 10, 2026

Forensic Interview at Child Advocacy Center Allyson Conway, who was qualified as an expert in forensic interviewing, testified that she conducted a recorded forensic interview of the victim at the Child Advocacy … responsive verdict similar to the jury’s power of nullification, this court has consistently held that the jury must be given the option to convict the defendant of the lesser offense, even though the evidence clearly

Mandy Louise Lacroix Perdue v. Danny Doyle Cruse

Louisiana Court of Appeal · Jun 2, 2010

There exists a passageway that was fixed by LaCroix and Mills and that is still clearly identifiable. … ANALYSIS The right of passage is a legal servitude established by law for the benefit of owners of enclosed estates.

Monica D. Duran v. Allmerica Financial Benefit Insurance Company, the Mer Rouge State Bank, Louisiana Farm Bureau Mutual Insurance Company and Gerald Farrar

Louisiana Court of Appeal · Apr 10, 2024

The Degree of Reprehensibility of Farrar’s Conduct The Louisiana legislature has identified certain behaviors which it clearly intends to dissuade. … The record also establishes that Farrar displayed malice when he chose to drive drunk on the day of the accident.

Moody v. Blanchard Place Apartments

793 So. 2d 281 · Louisiana Court of Appeal · Jun 20, 2001

A reviewing court may only disturb the lower court's holding upon a finding that the trier of fact was clearly wrong or manifestly erroneous. (Citations omitted). See also Reed v. … In light of this evidence, we cannot say that the jury was manifestly erroneous or clearly wrong in finding that the condition of the Stove was unreasonably dangerous.

State v. Sewell

811 So. 2d 140 · Louisiana Court of Appeal · Feb 27, 2002

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … We find that, under the circumstances of this particular case, this minor inconsistency fails to qualify as an internal contradiction. Likewise, we do not find that Mr.

Vintage Wings & Things, LLC v. Toce & Daiy, LLC

Louisiana Court of Appeal · Nov 10, 2004

The record establishes that, for purposes of chartering the Lear, Vintage Wings entered into a charter management relationship with Million Air Dallas. … Vega, clearly testified that they received, as a result of their investments, which were an eighth of the investment made by Mr. Toce personally, free flights on this jet. Mr.