Case law

State, Department of Highways v. Mayer

257 So. 2d 723 · Louisiana Court of Appeal · Apr 6, 1972

LSA-R.S. 48:456 clearly permits the Department to recover excess deposits either for land taken or severance damages. In State v. … LSA-C.C.P. art. 852 clearly states that all pleadings, including answers, must be in writing.

Kacey Ryder v. Dr. Gary Manuel

Louisiana Court of Appeal · Feb 4, 2015

Lastly, the physician was clearly qualified to perform the procedure, and notably, was board certified in his field, and calling in additional surgical support was the appropriate action to take. … “Some” expert testimony is necessary to 7  establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists

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.

Levine v. First Nat. Bank of Commerce

917 So. 2d 1235 · Louisiana Court of Appeal · Dec 27, 2005

This realtor found a buyer, the Carreras, who did not qualify for a mortgage. The realtor explained the bond for deed contract and Dr. Levine testified that this sounded like a way to sell the house. Dr. … which provides in pertinent part: In order to prevent unfair or deceptive acts or practices in or affecting commerce (including acts or practices with are unfair or deceptive to consumers) by banks ... each agency ... shall establish

Paige B. Sullivan v. Charles P. Sullivan

Louisiana Court of Appeal · Dec 30, 2004

Bailey clearly would have had the right to share, in the stipulated percentage, in the retirement benefits he would have received. … Bailey clearly established that DROP funds are considered retirement benefits, apportionable in accordance with Sims.

Thom v. Benson Chevrolet Co.

99 La.App. 5 Cir. 1150 · Louisiana Court of Appeal · Apr 25, 2000

She was unable to see clearly because both eyes were swollen. The pain in her chest was so severe she was unable to breath lying down. *997 Ms. … An award for past lost earnings requires evidence as reasonably establishes the claim, which may consist of the plaintiffs own testimony.

State v. Bolden

852 So. 2d 1050 · Louisiana Court of Appeal · Jul 29, 2003

Scott Benton, who was qualified as an expert in the field of child forensic medicine and child sexual assault, testified that he evaluated T.B. on July 8, 1999, that T.B. told him her father and defendant had sexually abused … The videotape clearly shows a basis for the additional charge, in that T.B. stated that defendant tried to force her to put her mouth on his penis.

State v. Baker

166 So. 3d 1152 · Louisiana Court of Appeal · May 20, 2015

Louisiana, 450 U.S. 40 , 101 S.Ct. 970 , 67 L.Ed.2d 30 (1981). 11sBaker contends his conviction for aggravated kidnapping cannot be sustained because nothing of value or any advantage or immunity was sought from the victim … Clearly, the language of the local court rule contemplates that the district court, not the district attorney, will initiate any agreement with a prospective “backup” judge to preside over the additional trial.

McNamara v. Bayou State Oil Corp.

589 So. 2d 1099 · Louisiana Court of Appeal · Oct 30, 1991

We noted that Davenport, after being informed of the necessity of reporting to the State taxing authority, then, and in accord with § 633(7)(c) and the regulations, filed forms that qualified the Davenport wells for stripper … We agree that that Act established uniform procedures for the administration and collection of state taxes, some of which had previously been administered and collected by sheriffs or other local public officials.

Hendrick v. ABC Ins. Co.

760 So. 2d 650 · Louisiana Court of Appeal · May 12, 2000

While the Legislature clearly expressed in 1992 an intent to apply La. … Johnson") testified as an expert for Stone, Pigman regarding when an attorney-client relationship is established. According to Mr.

State v. Bonilla

15 La.App. 5 Cir. 529 · Louisiana Court of Appeal · Feb 24, 2016

At trial, the defense presented the testimony of John Muggivan, qualified as an expert witness in the field of social work. Mr. … . ■' A trial court’s decision to deny 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.

State v. J.V.F.

47 So. 3d 1 · Louisiana Court of Appeal · Oct 6, 2010

Specifically, the crucial issue is whether propositioning J.C. was sufficient to qualify as an attempt to have sex with her. … The record clearly indicates that Defendant took no further action toward accomplishing his quest for sexual activity with an eight-year-old child.

State v. Joint Comm'n on Accreditation of Hosps., Inc.

470 So. 2d 169 · Louisiana Court of Appeal · May 8, 1985

Neither did they agree to underwrite the competency of the two qualified nephrologists in charge of the hospital's dialysis unit. We conclude, therefore, that Dr. … There is clearly no ease of association between the harm incurred by these patients and the failure to discover and report to the unit directors, the parties primarily responsible, any problems with the water purity.

Clarence Earl Bos v. Packaging Corporation of America

Louisiana Court of Appeal · Feb 15, 2023

LeBert and the audiograms[,] clearly establish the claimants were subjected to hazardous noise conditions during the course and scope of their employment, which caused gradual onset hearing loss. … Ludolph did not provide testimony of the conditions after he left PCA in 2012, and because he was not qualified to testify regarding PCA’s compliance with NIOSH after 2012.

State v. Green

634 So. 2d 503 · Louisiana Court of Appeal · Mar 15, 1994

Mark Zimmerman, qualified as an expert in forensic psychology. He testified that he spent about nine hours testing and interviewing defendant. Dr. … Zimmerman's testimony that defendant simply did not have the intellectual capacity to understand those rights and, in fact, did not understand his rights, the trial court clearly erred in refusing to suppress defendant's

State v. Mathieu

980 So. 2d 716 · Louisiana Court of Appeal · Feb 27, 2008

There is nothing in the record before this Court to indicate that the jury's credibility finding is clearly contrary to the evidence. … Mathieu argues that the State failed to establish the admissibility of this evidence. The State sought to introduce this evidence under La.

Susan Pollard Versus 21st Century Insurance Company A/K/A Farmers Insurance Group and Roy Cefalu

Louisiana Court of Appeal · Dec 23, 2021

The decision to admit or exclude expert testimony is within the sound discretion of the trial court, and its judgment will not be disturbed by an appellate court unless it is clearly erroneous. Rhodes v. … Bain was qualified to testify as to accident reconstruction but that his methods were unreliable and further held he was not qualified to testify as to medical causation because he was not board certified in a relevant

Frances R. Detraz v. Banc One Securities Copr.

Louisiana Court of Appeal · Oct 9, 2013

Otherwise, and unless the movant establishes grounds for vacating, modifying or correcting the award, a trial court must confirm the arbitration award. Id. … In its award, the arbitration panel determined that: 5  The claims clearly are erroneous.

State of Louisiana v. Kenneth J. Session

Louisiana Court of Appeal · Dec 14, 2021

Anne Troy, qualified as an expert in the field of child sexual abuse, interviewed C.R. Nothing during the interview suggested to the expert that C.R. had been untruthful when she provided her account of abuse. … (La. 6/29/05), 913 So.2d 788, 802 (“[I]t is obvious from the district court’s ruling that defense’s Batson challenge had already failed when the State proffered its reasons for appellate purposes only, because the court clearly

State of Louisiana Versus Tonka Haynes

Louisiana Court of Appeal · Sep 17, 2025

On June 25, 2025, the district court denied relator’s motion, finding “no illegality in defendant’s sentence, as the actual term of the sentence imposed, 40 years, is clearly within the statutory parameters established by … As discussed above, the district court declined to address the merits of relator’s illegal sentence claim, finding that relator’s forty-year sentence was “clearly within the statutory parameters established by law.”