Case law

Boutte v. FIREMAN'S FUND COUNTY MUT. INS.

930 So. 2d 305 · Louisiana Court of Appeal · May 10, 2006

Fireman's Fund argued that the court had already determined that Eva Bernal was not vicariously liable and that the only remaining theory for coverage required that Juan Lara qualify as an insured. … He was rear-ended in nearby Lafayette, and he clearly has expectations of protection from and by the laws of Louisiana. In Dunlap v.

State v. Savage

575 So. 2d 478 · Louisiana Court of Appeal · Feb 6, 1991

Qualified jurors need not, however, be totally ignorant of the facts and issues involved. … Defendant argues that these officers clearly violated his right to privacy while he was in the jail.

Cox v. Shelter Insurance Co.

9 La.App. 3 Cir. 0958 · Louisiana Court of Appeal · Apr 7, 2010

Lambert impacted her vehicle — a factual scenario clearly rejected by the jury in its answer to the second interrogatory. … We find that the defendants’ reliance on Daubert is clearly without merit.

Gordon v. Council of the City of New Orleans

977 So. 2d 212 · Louisiana Court of Appeal · Feb 25, 2008

Purchases and Sales from Qualifying Facilities [71] ELI has purchased electric energy from various, qualifying facilities ("QFs"). … He indicated that the use criteria are long-standing and well established.

State v. Miller

792 So. 2d 104 · Louisiana Court of Appeal · Jul 25, 2001

A credibility determination is within the discretion of the trier of fact and will not be disturbed unless clearly contrary to the evidence. State v. Vessell, 450 So.2d 938, 943 (La. 1984). … He established that they wanted marijuana, walked them around the block, then took a twenty-dollar bill from Det. Henry for the purpose of purchasing marijuana for him.

Steinebach v. Steinebach

957 So. 2d 291 · Louisiana Court of Appeal · May 2, 2007

However, there was no interim support established. After a hotly contested trial, the court awarded the parties joint custody of the minor child and named Laura as the domiciliary parent. … Simoneaux's recommendation, we believe the trial judge clearly articulated his reasons for not doing so. Moreover, we note that Dr.

Ananias Johnson v. Robert Johnson, Jr.

Louisiana Court of Appeal · Dec 11, 2013

However, the apportionment of fault by the trier of fact is also subject to the manifest error-clearly wrong standard of review. … I do not believe the legislature, by enacting the 25% cut off rule for an impaired driver involved in an accident, intended to immunize the truck driver in this case from the consequence of his egregious conduct.

State v. Jenkins

267 So. 3d 1178 · Louisiana Court of Appeal · Apr 3, 2019

McElrath was qualified as an expert in the field of firearms identification. Mr. … Contrarily, the State argues it did not improperly illicit prior bad acts evidence and had legitimate reasons to establish Mr. Bryant's non-cooperation at trial.

State v. Banks

241 So. 3d 1240 · Louisiana Court of Appeal · Mar 14, 2018

Troy is employed by the Audrey Hepburn Care Center, part of Children's Hospital, and was qualified as an expert in the field of forensic pediatrics and child abuse. Since 2010 Ms. … that the jury was not admonished after this "shift in dynamics" or informed of their obligations and responsibilities in accord with the law, and as a result, the jury did not properly weigh the evidence presented which clearly

Benard v. EAGLE, INC.

2008 La.App. 4 Cir. 0262 · Louisiana Court of Appeal · Dec 3, 2008

That testimony fails to establish that Mr. … Duhe's 1986 deposition merely establishes that Celotex may have purchased Eagle products at some point before the late 1950's. We fail to see how such could establish that Mr.

In the Matter Of: Ashael Ford Versus the Louisiana State Board of Practical Nurse Examiners

Louisiana Court of Appeal · Apr 26, 2023

Rossyion’s testimony is unsubstantiated because she was not qualified to render a diagnosis of the inmate, and neither she nor the Board produced any evidence to establish that the inmate had a stroke. … Ford fails to establish how this testimony lacks competency. Ms.

Olivier v. Olivier Builders

15 La.App. 3 Cir. 217 · Louisiana Court of Appeal · Nov 18, 2015

The determination of whether there is a change in circumstances is a finding of fact subject to the manifest error / clearly wrong standard of review. Id. … Olivier qualified that statement, noting that on a bad day, his back sometimes hurts to the point where he has to lie down.

City of Ruston v. Perritt

718 So. 2d 1044 · Louisiana Court of Appeal · Sep 23, 1998

Without consideration of whether the attorney fee provision of the statute was still valid, the appellate court affirmed the trial court denial of the Secretary's claim, finding that he did not establish that any attorney … A trial court's determination of whether to impose sanctions will not be reversed unless it is manifestly erroneous or clearly wrong. Harris v.

State ex rel. T.P.

209 So. 3d 1015 · Louisiana Court of Appeal · Nov 16, 2016

The parents of a child who is the subject of a child in need of care proceeding shall be entitled to qualified, independent counsel at the continued custody hearing and at all stages of the proceedings thereafter. … In the instant case, the record clearly shows that termination of the mother’s parental rights and adoption are in the best interest of the child.

State ex rel. Sitges v. Bayou Terre Aux Boeufs Drainage Dist.

65 So. 2d 407 · Louisiana Court of Appeal · May 25, 1953

No judgment establishing the amount of principal and interest due on the bonds as a legal indebtedness of defendant Drainage District is sought. … “The purpose of the writ is to enforce a clearly recognized right and to compel the performance of a ministerial duty with respect to that right. State ex rel. St. Martin v. Police Jury of Parish of St.

State of Louisiana v. Brenda Gail Rains

Louisiana Court of Appeal · Nov 7, 2012

Jay [Piland] was qualified as an expert in forensic psychology where he only took [an] eight (8) hour on line course.  2. … Piland was qualified to serve as a member of that sanity commission.

Priola Construction Corporation v. Profast Development Group, Inc.

Louisiana Court of Appeal · Oct 7, 2009

An agreement would be required in order to establish a fiduciary relationship between a financial institution and a customer. … Id. at 627. 6  Louisiana Revised Statutes 6:1124 clearly provides that there is no fiduciary relationship between a bank and a third party unless agreed to in writing that

Edward Perkins v. Roy O. Martin Lumber Co., LLC

Louisiana Court of Appeal · Apr 6, 2016

Plaintiff contended the burden was on the Sheriff to prove he is entitled to statutory immunity from suit under the Louisiana Workers’ Compensation Act. … Further, the evidence establishes MARTCO paid Plaintiff for his labor.

State v. Bailey

713 So. 2d 588 · Louisiana Court of Appeal · Apr 28, 1998

Miller stated that C1 was never a target in the present case, nor was C1 ever given any sort of immunity for the information that he provided to the police. … United States, 445 U.S. 684 , 100 S.Ct. 1432 , 63 L.Ed.2d 715 (1980) is not a constitutional rule requiring courts to negate clearly expressed legislative intent....

Simar v. Hartford Fire Insurance Co.

483 So. 2d 196 · Louisiana Court of Appeal · Feb 5, 1986

Chesire is not a board certified neurosurgeon — nor is he even board qualified. He has no surgical privileges in the United States and has never taught surgical procedure or technique. Dr. … The medical evidence presented clearly establishes that the most probable cause of the paralysis was not attributable to any act of negligence on the part of Dr. Rivet.