Case law

Montgomery v. Foreman

410 So. 2d 1160 · Louisiana Court of Appeal · Feb 3, 1982

The duties, which are clearly delineated in the contract, are bilateral duties, not merely a unilateral delegation of authority. … SIGNED in triplicate originals in the Parish and State aforesaid, on the day and date first hereinabove mentioned in the presence of the undersigned competent witnesses who signed with Appearers and me, a Notary Public, duly qualified

State v. Honore

9 La.App. 5 Cir. 313 · Louisiana Court of Appeal · Jan 12, 2010

Coston, it was not established that the clothing worn by Honoré was actually prison garb. Mr. Hebert and Mr. … However, even assuming that there was error in the admission of this testimony, the ruling was clearly harmless.

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."

State v. Lynn

251 So. 3d 1262 · Louisiana Court of Appeal · Aug 15, 2018

A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances *1269 clearly indicate the trustworthiness of the statement. … Mack was not a qualified expert to present the cell phone location data and that the trial court "gave no limiting instructions as to the scope or weight of her potentially incorrect testimony."

State v. Cope

137 So. 3d 151 · Louisiana Court of Appeal · Apr 9, 2014

From this large number of individuals, a qualified and fair jury was possible. … Todd Thoma, testified at trial and was qualified as an expert in medicine, emergency room medicine, and cause of death determinations.

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

WTC TAXING DIST. v. All Taxpayers

894 So. 2d 1185 · Louisiana Court of Appeal · Feb 1, 2005

We find, however, that the holding on this issue in Council of the City of New Orleans is clearly distinguishable. … Special provisions for low-income citizens are clearly a form of social welfare program.

National Collegiate Student Loan Trust 2006-1 v. Latonya M. Thomas

Louisiana Court of Appeal · Jun 2, 2021

as a real estate investment trust under § 856 et seq. of the United States Internal Revenue Code of 1986 [26 U.S.C. § 856 et seq.], as amended, or under any successor provision, or a trust qualifying as a real … Thus, Louisiana statutory law clearly recognizes an unincorporated entity, and its legislative comment to La.R.S. 10:1-201(27) provides legal support for finding that 6 “Organic law” is defined as “the

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.

Sandalon Jacobs v. David Sampson

Louisiana Court of Appeal · Nov 9, 2016

Dole of the subject car accident, which “establishes that [he] did not have any significant pain because of this accident.” … Undoubtedly, the record establishes that Mario was a pre-existing pain patient. 8 Dr.

State Of Louisiana in the Interest of T.B., Jr.

Louisiana Court of Appeal · Feb 19, 2021

T.B. concludes that because the identification was tainted, the evidence was insufficient to establish his identity as the perpetrator beyond a reasonable doubt. … Further, we agree with the juvenile court' s finding that the GPS records qualify under the business records exception to the hearsay rule.

Dastugue v. Cohen

14 La. App. 475 · Louisiana Court of Appeal · Jan 13, 1930

was a de facto member of the Republican State Central Committee for the seventh ward of the parish of Orleans, having been elected at a meeting of the committee on January 31, 1928, for a full term of'four years; that he qualified … Clearly the decision was limited to whether or not a member of a committee of a political party was an officer within the meaning of the statute cited. Attorney General v.

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.

Board of Trustees, State Employees Group Benefits Program v. LeBlanc

2002 La.App. 3 Cir. 0414 · Louisiana Court of Appeal · Oct 2, 2002

While this provision does make use of both terms, it very clearly grants Blue Cross the right to assert the actions and *541 rights of the plaintiff against the tortfea-sor. … THE COURT: Wouldn’t that qualify as notice if they submit the claim form indicating that the medical expenses they were seeking to get paid is due to the fault of a third party? IsMR.

Cooper v. Orleans Parish School Board

95 La.App. 4 Cir. 0050 · Louisiana Court of Appeal · Sep 8, 1999

This regulation established a hierarchy or priority system for the payment of state court tort claims and judgments. … Are those established as separate funds within the internal service fund? A. Those are established as separate programs within the internal service fund?

Reed, Inc. v. C & E Supply Co., Inc.

Louisiana Court of Appeal · Dec 8, 2010

First and Second Assignments of Error C & E’s first two assignments of error question Reed’s compliance with the requirements of La.R.S. 9:2781 in order to qualify for an award of attorney fees. … that the trial court finding is clearly wrong or manifestly erroneous.

Christina Mink Dauzat v. State Farm Mutual Automobile ins.co.

Louisiana Court of Appeal · May 23, 2018

Alternatively, the following motorist may escape liability by establishing that the preceding motorist created a sudden emergency that could not be avoided. Id. When Ms. … by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person’s identity is not known or reasonably ascertainable.

Brown v. Kabco Builders, Inc.

274 So. 3d 216 · Louisiana Court of Appeal · Jun 5, 2019

"Manifest disregard of the law" is an error by the arbitrator that is "obvious and capable of being readily and instantly perceived by an average person qualified to serve as an arbitrator." … Therefore, Bolton has not established that it was denied a fundamentally fair hearing before the arbitrator.

Theodore E. Filipski, III v. Imperial Fire and Casualty Ins. Co.

Louisiana Court of Appeal · Apr 8, 2009

Thereafter, if the adverse party fails to produce factual support 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. … We note that in Dickerson, the Supreme Court was not called upon to address the issue before us – that is whether the exclusion also applies to UM coverage.2 Further, the waiver clearly makes no specific reference to UM

Higgins v. Johnson

349 So. 2d 918 · Louisiana Court of Appeal · Oct 14, 1977

That Johnson did not see an oncoming vehicle clearly in sight convinces us of his failure to exercise the slightest degree of care. … No expert witness fee is due Larry Oubre, called by Appellants, because the witness was not qualified as an expert.