Case law

State in the Interest of D.L.R.

Louisiana Court of Appeal · Apr 30, 2008

Butler, T.W.J. clearly loved her child and professed a willingness to do whatever was required of her to win back D.R.’s custody. In fact, Ms. … Buxton was of the opinion that, as of the time of trial, T.W.J. could not be D.R.’s primary care giver, although she might qualify as a secondary care giver.

State v. Raiford

846 So. 2d 913 · Louisiana Court of Appeal · Apr 23, 2003

Mark Zimmerman, qualified as an expert in forensic psychology. He testified that he spent about nine hours testing and interviewing defendant. Dr. … Sarah Deland, the third member of the lunacy commission, was qualified as an expert in forensic psychiatry.

Sherry Debarge v. Lfi Lake Charles

Louisiana Court of Appeal · Dec 23, 2014

The medical reports clearly indicate that he has seen Ms. … The 19  fact that he had been treating Claimant for over seven years and had run out of options clearly establishes that further delay would be unreasonable.

Dwayne Olivier v. City of Eunice

Louisiana Court of Appeal · Jun 8, 2011

Olivier applied for the -6- dispatcher position on the list, he was told that he was not qualified and that the job was not available. … A review of the record clearly establishes the City failed to carry its burden of proving Mr. Olivier was physically able to perform a certain job and that the job was offered and available to him.

Consolidation Loans, Inc. v. Guercio

200 So. 2d 717 · Louisiana Court of Appeal · Jun 30, 1967

In a suit on a negotiable promissory note, however, the rule is well established to the contrary. … Under such circumstances it must be presumed he was qualified. It is settled law that a judicial sale, apparently valid on its face, is presumed to have been conducted in accordance with law.

Latashia v. Perez, Both Individually and on Behalf of Unborn Child of Travis Chiokai (Deceased) v. Irby Construction Company

Louisiana Court of Appeal · Jan 29, 2020

A qualifying phrase separated from antecedents by a comma is evidence that the qualifier is supposed to apply to all the antecedents instead of only to the immediately preceding one. … R.S. 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 the

Johnson v. CLD, Inc.

179 So. 3d 695 · Louisiana Court of Appeal · Sep 30, 2015

R.S. 40:1299.44(C)(5)(e), that payment established proof of liability for the malpractice and for damages of at least $100,000 resulting from the malpractice. … The uncontradicted testimony established that Mr. Johnson enjoyed a close aiid loving relationship 'with all of his children. When Mr.

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.

Carter v. Deitz

556 So. 2d 842 · Louisiana Court of Appeal · Jan 16, 1990

Initially, we question whether Ramisch and/or Brenner were proper experts, qualified to establish the professional standards by which the jury was to evaluate whether M & M performed its safety study and rendered its professional … To the extent that the jury found to the contrary, it was clearly wrong.

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

State v. Lindsey

621 So. 2d 618 · Louisiana Court of Appeal · Jun 23, 1993

Pate testified, she and the state had negotiated a plea bargain and established a relationship of trust. … In the instant case, the jury clearly believed Pate's testimony over that offered by the defense's witnesses.

Sandtrell Broden, Shelcia Valentine-Carter, Peggy Valentine and Jordy Valentine, Individually and on Behalf of the Decedent, Russell Alexander Versus Priority Management Group, L.L.C. and Riverlands Home Group, L.L.C. D/B/A Chateau St. James Rehab and Retirement

Louisiana Court of Appeal · Dec 30, 2024

This transcript clearly evidences that the trial court in that matter recognized prior defense counsel’s hearing issues and the negative effect they had on counsel’s ability to understand and react to testimony during … Defendants did not establish that their prior defense counsel’s hearing issues affected compliance with the pre-trial deadlines set by the trial court.

State v. Splond

712 So. 2d 182 · Louisiana Court of Appeal · Apr 8, 1998

At a minimum, the actions of these clerks clearly have been in the nature of a de facto officer. … A trial court is not required to render a suspended sentence or probation on a first (or qualifying second) felony offense.

Nicholas Miller v. Teal Dicherry

Louisiana Court of Appeal · Nov 24, 2020

Generally, the trial court' s determination of these issues is based heavily on factual findings, and as such, will not be set aside in the absence of manifest error or unless the record establishes that they are clearly … It is well settled that an appellate court may not set aside a trial court' s findings of fact in the absence of manifest error or unless those findings are clearly wrong.

State v. Pham

12 La.App. 5 Cir. 635 · Louisiana Court of Appeal · May 16, 2013

Colonel Timothy Scanlan of the Jefferson Parish Sheriffs Office Crime Laboratory division was qualified as an expert in the field of firearms examination. … Upon looking out of her window, she clearly observed the shooter and a second male (Edmonson) standing in the street approximately two houses down from her house.

State v. Haynes

2013 La.App. 4 Cir. 0323 · Louisiana Court of Appeal · May 7, 2014

“A factfinder’s credibility decision should not be disturbed unless it is clearly contrary to the evidence.” State v. McMillian, 2010-0812, p. 6 (La.App. 4 Cir. 5/18/11), 65 So.3d 801, 805 (citations omitted). … Davis’s testimony establishes that he had sufficient time to observe Haynes, as Davis stated that Haynes was in the neighborhood for a while, first looking for his bicycle and then looking for Jeanmarie.

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.

Michael L. Thomassie and Linda A. Thomassie v. Amedisys La Aquisitions, L.L.C., d/b/a Metro Preferred Home Care, an Amedisys Company

Louisiana Court of Appeal · Aug 18, 2020

LeCompte is clearly distinguishable from the instant suit. … Thomassie may have sustained clearly resulted 19 from the health care extended to Mr.

Manuel v. Shell Oil Co.

664 So. 2d 470 · Louisiana Court of Appeal · Dec 18, 1995

Brian Dolan, plaintiff's second expert in internal medicine and occupational medicine, is also well-qualified, experienced and involved in matters pertaining to toxic chemical studies on a national level. … that the finding is not clearly wrong."

Tammi Young Jardneaux v. Guernsey Holdings Sdi Tx Holdings Co, LLC

Louisiana Court of Appeal · May 13, 2026

STANDARD OF REVIEW It is well-established that the findings of a workers’ compensation judge are subject to the manifest error or clearly wrong standard of appellate review. Chaisson v. … R.S. 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