Case law

Sport Tech, Inc. v. SFI Mfg., Inc.

838 So. 2d 807 · Louisiana Court of Appeal · Dec 20, 2002

The first paragraph was put in that—as a means by to provide description or kind of adjective of what would qualify as a Feather Flex-type product and the seller would be refrained from selling. … Bubley clearly denied that the purpose of the non-competition clause was to transfer licensing rights. Bubley later stated: Q: Is it not a fact, Mr.

Bethley v. Keller Const.

836 So. 2d 397 · Louisiana Court of Appeal · Dec 20, 2002

Davis testified that he had previously qualified as an expert in clinical psychology. … Moreover, the judge's assessments of the credibility of witnesses or the weight of the medical evidence is not to be disturbed unless clearly wrong. Virgil v.

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.

Theresa S. Hatchell v. St. Michael Pfu, LLC

Louisiana Court of Appeal · Mar 1, 2023

Hatchell settled with qualified as “third parties” pursuant to La.R.S. 23:1101(C). … This factual finding is also reviewed on appeal pursuant to the manifest error-clearly wrong standard. Banks, 696 So.2d 551.

Alice M. Pidgeon v. East Baton Rouge Sheriff's Office

Louisiana Court of Appeal · Mar 16, 2022

Pidgeon established that she was a member of the protected class, she was qualified for the position, and she was terminated from the position. However, the trial court found that Ms. … To establish a prima facie case of discrimination, Ms.

Shawn Copell v. Arceneaux Ford, Inc. and Amtrust North America, Inc.

Louisiana Court of Appeal · Jun 9, 2021

The record established Mr. Copell was twenty-six (26) years old at the time of the incident. … This clearly appears to be the basis for the jury’s award of $95,0000.00 in future medical expenses. However, Mr.

Town of Sterlington v. Greater Ouachita Water Co.

268 So. 3d 1257 · Louisiana Court of Appeal · Apr 10, 2019

The Constitution of Louisiana established three individual, distinct and separate branches of government: the executive, the legislative and the judicial. … For example, "[t]he constitution allocates the judiciary some power over the other branches through article XII, section 10(A), where it waives the State's immunity in suits in contract and tort." Id. at 1266 .

Thornton v. Moran

341 So. 2d 1136 · Louisiana Court of Appeal · Dec 20, 1976

Firby: Qualified as an expert in automotive wiring, he testified in regard to possibilities, but he too had not examined the car and could add little to the evidence in the case. Price LeBlanc's testimony added little. … Photographs in evidence clearly depict the need for and success of this surgical endeavor. Still remaining is the surgical scar on the right buttock, occasioned by the removal of the rod from the femur, mentioned above.

Jones v. LIVINGSTON PARISH LAW ENFOR. DIST.

970 So. 2d 996 · Louisiana Court of Appeal · Sep 14, 2007

The supreme court's holding in Denham Springs II could hardly have been stated more clearly. … Similarly, LSA-R.S. 33:2737.44 authorizes the School Board to levy and collect a sales tax "after the question of the imposition of the tax shall have been submitted to the qualified electors of the parish . . ." and requires

Tuft v. Tuft

214 So. 3d 916 · Louisiana Court of Appeal · Jan 18, 2017

On motion of a party or on its own motion, the court may appoint a parenting coordinator in a child custody case for good cause shown if the court has previously entered a judgment establishing child custody. La. … The record clearly indicates the parties have an unwillingness to communicate and cooperate with each other as to the care of the children. For example, Helen points to Dr.

Succession of Dean Allen Bradley

Louisiana Court of Appeal · Mar 31, 2021

Rose filed an ex parte motion for appointment of dative testamentary executor and appointment of another qualified person to the office. Ms. … Rose filed an ex parte motion for appointment of dative testamentary executor and appointment of another qualified person to the office. Ms.

Patricia Bell v. Carencro Nursing Home, Inc. D/B/A Evangeline Oaks Guest House

Louisiana Court of Appeal · Apr 25, 2018

The trial court erred by considering affidavit testimony of Susan Menard who was not qualified to give the testimony presented in her affidavit. 3. … She clearly carried that burden, and the burden shifted to Evangeline Oaks to establish that it “exercise[d] reasonable care commensurate with the particular circumstances.”

Town of Sterlington v. Greater Ouachita Water Co.

268 So. 3d 1257 · Louisiana Court of Appeal · Apr 10, 2019

The Constitution of Louisiana established three individual, distinct and separate branches of government: the executive, the legislative and the judicial. … For example, "[t]he constitution allocates the judiciary some power over the other branches through article XII, section 10(A), where it waives the State's immunity in suits in contract and tort." Id. at 1266 .

Tillman v. Johnson

610 So. 2d 866 · Louisiana Court of Appeal · Feb 5, 1993

610 So.2d 866 (1992) Priscilla TILLMAN Individually and as Duly Qualified Natural Tutrix of Her Minor Child, Cedric Tillman, v. David JOHNSON. No. CA 91 1188. Court of Appeal of Louisiana, First Circuit. … He then has a duty to remove it. [2] The statute clearly requires notice of the lead contamination be given to the owner of the property.

Edmond v. Cherokee Insurance Co.

2014 La.App. 1 Cir. 1509 · Louisiana Court of Appeal · Apr 24, 2015

Edmond asserts that the evidence adduced at trial fails to establish that he should have noticed the trailer in time to avoid the accident. Mr. … Edmond retiring at 64.2 years old, in accordance with tables published by the Bureau of Labor Statistics, and the other with plaintiff retiring at 66 years of age to qualify for full social security benefits. Dr.

Thomas v. SISTERS OF CHARITY OF INCAR. WORD

870 So. 2d 390 · Louisiana Court of Appeal · Mar 19, 2004

Even though the catwalk would have qualified as a renovation, signage was not required as it was not an exit access because the crosswalk was internal to the exit. … Borne's testimony and the strong presumption against suicide, we do not find that the trial court was clearly wrong in its conclusion that Hardman did not commit suicide.

James E. Boren v. Hon. Earl B. Taylor, District Attorney

Louisiana Court of Appeal · Oct 26, 2016

(4) A typed list of the qualified jurors remaining after voir dire. App. 287–290. … The first five were those of the five qualified black prospective jurors. App. 301.

State v. Foster

834 So. 2d 1188 · Louisiana Court of Appeal · Dec 11, 2002

P. article 894.1, and whether the sentence is warranted under the facts established by the record. State v. Trepagnier, 97-2427, p. 11 (La.App. 4 Cir. 9/15/99), 744 So.2d 181, 189 ; State v. … 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).

State v. Middleton

275 So. 3d 440 · Louisiana Court of Appeal · Jun 19, 2019

The defense claimed the prosecutors would be best qualified to testify as to the materiality of the alleged perjury. … Thus, Defendant has failed to establish that the evidence necessary for his defense is not available by other means.

Aycock v. Allied Enterprises, Inc.

517 So. 2d 303 · Louisiana Court of Appeal · Nov 10, 1987

represented by "X" in the foregoing equation), Allied agrees that on or before January 15, 1978, and at each subsequent 5-year period thereafter, it shall cause the Land and Improvements owned by Allied to be reappraised by a qualified … The factual holding of the trial court to the contrary is clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330 (La. 1978).