Case law

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.

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.

Brennan's Inc. v. Colbert

2015 La.App. 4 Cir. 0325 · Louisiana Court of Appeal · Apr 13, 2016

Clearly, any consideration of Mr. Colbert’s supposed failure to “allege the Article 2024 Claim” in district court in the same manner as Mr. … Alternatively, Brennan’s argued that no expert was néeded because the trial judge was qualified to ascertain the applicable standard of care.

Robertson v. Stonecreek Builders, LLC

200 So. 3d 851 · Louisiana Court of Appeal · Aug 10, 2016

The Louisiana Homestead Exemption is established in La. Const. Art. … It is well settled that a trial court’s findings of fact will not be disturbed unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous.

State v. Rodriguez

781 So. 2d 640 · Louisiana Court of Appeal · Feb 14, 2001

New Orleans Police Department Criminalist Teresia Lamb, qualified by stipulation as an expert in the testing, analysis and identification of controlled dangerous substances, tested the substances in four of six bags comprising … Where the record clearly shows an adequate factual basis for the sentence imposed, resentencing is unnecessary even when there has not been full compliance with Art. 894.1. State v. Lanclos, 419 So.2d 475 (La.1982).

Kevin Bynog v. M.R.L., LLC

Louisiana Court of Appeal · Jun 1, 2005

by heat or smoke (it was established that the plaintiffs were not smokers). … We cannot say that such a decision was clearly wrong.

State v. Desoto

968 So. 2d 146 · Louisiana Court of Appeal · Aug 15, 2007

The jury, based on the evidence, could have concluded that the defendant shot without clearly identifying his target. … Moreover, the record established Defendant believed his friend was on the deer stand.

Guste v. Hibernia Nat. Bank in New Orleans

94 La.App. 4 Cir. 0264 · Louisiana Court of Appeal · May 16, 1995

A mortgage may be established only by legislation. La.C.C. art. 3281. … That exception clearly posed the question of whether plaintiffs' cause of action sounded in tort or in contract.

State v. Jones

2012 La.App. 4 Cir. 0891 · Louisiana Court of Appeal · Aug 7, 2013

He replied in the negative when asked whether he had been given immunity by the state or whether they told him he would not be prosecuted if he told the truth. Mr. … Testimony at trial established that the defendant in the other case had been found not guilty. As for the affidavit in the instant case, Mr.

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

Minnie Jackson McKay v. Hospital Service District No. 1 of Tangipahoa Parish d/b/a North Oaks Health System and North Oaks Medical Center

Louisiana Court of Appeal · Oct 11, 2024

Marks established the following chronology of events: 7/ 11/ 2019 [ Ms.] … The opinions expressed in the affidavit are clearly speculative and conclusory; thus, failing to create a genuine issue of material fact. Dr.

Jimmy Williams, Sr. v. Placid Oil Company

Louisiana Court of Appeal · Aug 2, 2017

The record did not establish sufficient proof of any negligence on the part of Hudson Engineering. … In Walls, the supreme court addressed whether the 1976 amendment to La.R.S. 23:1032, which provided for executive officer immunity, applied to a wrongful death claim where the decedent’s death from silicosis, contracted

Marti Cochran v. Safeway Ins. Co.

Louisiana Court of Appeal · Dec 11, 2013

Cochran: “Under Safeway‟s logic, it could offer $1 on [her] property damage 6 claim of $3,066.41, and be immune from a claim for penalties and attorney fees.” … that the fact finder is clearly wrong or manifestly erroneous.

Clifton Franklin v. Fountain Group Adjusters, LLC

Louisiana Court of Appeal · Jun 6, 2018

OPINION We review a trial court’s granting or denial of a motion for summary judgment de novo according to well established appellate principles. … of it as is true and qualify or deny the remainder.

Johansen v. Louisiana High School Athletic Ass'n

916 So. 2d 1081 · Louisiana Court of Appeal · Jun 29, 2005

They rented an apartment in LaPlace that month, but did not establish it as their residence until September 2002. … Its actions in investigating and enforcing its internal regulations are clearly not conducted under color of state law, nor with the compelling weight and authority of the state behind them, as in the case of criminal law

Kevin Belcher v. Kawanna Latrell Pace

Louisiana Court of Appeal · Apr 13, 2022

Belcher first asserted a right to visitation or custody six years later by filing a petition to establish custody in October 2016. … The trial court noted that Belcher takes the position that, despite his admission on the stand that he took no interest in rearing his child for almost six years, he is infinitely more qualified than Pace to do so.

Joshua Simpson v. U v. Insurance Risk Retention Group,inc.

Louisiana Court of Appeal · Sep 30, 2020

Bain likely qualified as an expert in biomechanics and injury causation analysis, his opinions and methods were nonetheless unreliable. Id. at 4. Considering that Dr. … The jury clearly found Dr. Muldowny to be credible and believed his assessment that Joshua Simpson’s injuries are a result of the subject accident.

Richard Young v. Supplier Services, LLC

Louisiana Court of Appeal · Apr 2, 2014

To prove intoxication, La.R.S. 23:1081(3) outlines the requisite percent by weight of alcohol in an employee’s blood to establish a presumption of intoxication. … The statute never qualifies the usage of such tests for purposes of presumptions; it explicitly states that such tests may not be used for any disqualification.

State v. Broussard

269 So. 3d 1094 · Louisiana Court of Appeal · Mar 13, 2019

Louisiana Code of Criminal Procedure Article 580(A) (emphasis added) further provides: When a defendant files a motion to quash or other preliminary plea, the running of the periods of limitation established by Article 578 … As the caselaw clearly reflects, it is only the commencement of trial, prior to either the trial court's ruling on the motion on its merits or the trial court's ruling accepting a declaration of abandonment, waiver, or withdrawal

Sonic of Ambassador v. Damon Richard

Louisiana Court of Appeal · Apr 24, 2019

provided by a licensed professional vocational rehabilitation counselor, and all such services provided shall be compliant with the Code of Professional Ethics for Licensed Rehabilitation Counselors as established … The 2003 amendment also added paragraphs 3(b) and 3(c) to grant the counselor limited immunity from tort and to allow the employer to compel the employee’s cooperation in the rehabilitation