Case law

Command Constr. Indus., L.L.C. v. City of New Orleans

250 So. 3d 1016 · Louisiana Court of Appeal · Jun 20, 2018

The term "Selection" is defined as "the City's identification of the person to whom the City intends to award a contract or to qualify under a request for qualifications." … According to Command, the requirement in the Invitation to Bid that the contractor have a "Public Works Construction" license "clearly refer[red]" to "Municipal and Public Works Construction," so that Command was the lowest

State v. Duhon

270 So. 3d 597 · Louisiana Court of Appeal · Dec 28, 2018

So, that's just a misstatement because that was clearly addressed. Thereafter, the trial court ruled on the issue as follows, "[a]dditionally, the waiver of the jury trial, that was placed on the record. … not for the purpose of proving or establishing some fact at trial-they are not testimonial.

Ron Warren, Ind & Obo Est. of D. Hebert v. Shelter Mutual Insurance Company

Louisiana Court of Appeal · Jun 29, 2016

It was established by the expert testimony from Mr. … Glen Vamvoras certainly knew that there were qualified boat mechanics located just a short distance from his home as he had used two of them for general maintenance.

Ron Warren, Ind & Obo Est. of D. Hebert v. Shelter Mutual Insurance Company

Louisiana Court of Appeal · Jun 29, 2016

It was established by the expert testimony from Mr. … Glen Vamvoras certainly knew that there were qualified boat mechanics located just a short distance from his home as he had used two of them for general maintenance.

Benjamin Perry v. Starr Imdemnity & Liability Company, Humberto Mata and Yellowjacket Oilfield Services, L.L.C.

Louisiana Court of Appeal · Sep 25, 2019

This standard only allows an appellate court to adjust a damages award where: (1) there is no reasonable factual basis for the jury’s decision; and (2) the decision is clearly wrong. Id. … Allison’s testimony, accepted as true, did not establish the leisure activities that the plaintiff enjoyed prior to the accident. Likewise, Dr.

Joshua Christopher Smith v. Laura Babin Smith

Louisiana Court of Appeal · May 26, 2021

A party seeking to modify custody established by a consent judgment must prove that there has been a material change in circumstances since the original decree and that the proposed modification is in the best interest … The domestic violence incident alone more than qualifies as a material change in circumstances for custody purposes, especially in light of the fact that the child witnessed the event, and the trial court committed no

Scott v. American Tobacco Co., Inc.

2009 La.App. 4 Cir. 0461 · Louisiana Court of Appeal · Apr 23, 2010

The recipient of the award is not an individual or even group of individuals; it is a court-established and court-supervised smoking cessation program with a limited ten-year life. … In other words, the vast majority of the original 505,949 eligible beneficiaries were clearly addicted before September 1, 1988, the effective date of the LPLA.

Dana Cormier v. Swla Center for Health Services

Louisiana Court of Appeal · Jun 3, 2026

is not clearly wrong or manifestly erroneous. … 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 over which the

Williams v. Board of Supervisors of University of Louisiana System

135 So. 3d 804 · Louisiana Court of Appeal · Feb 26, 2014

As a college basketball coach with many years of experience, and in particular, as Henry White’s college basketball coach, William Trenkle was certainly qualified to testify as to his firsthand observations of Henry’s skills … Clearly the coach possessed suitable information, experience and training in the field of strength and conditioning to provide his lay opinion as to the safety and reasonableness of the August 14, 2009, run, and to give his

David Bradley Ardoin v. Dr. Douglas McKay

Louisiana Court of Appeal · Sep 27, 2006

Another is that the jury believed the standard of care was established, but by Dr. McKay, and not by the Ardoins. … “Some” expert testimony is necessary to establish this 10  aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists

Lafayette City-Parish Consolidated Government v. Shelby J. Francis

Louisiana Court of Appeal · Jun 28, 2006

Demotion to a position the subject employee is qualified to perform C. Suspension without pay not to exceed 30 days in a calendar year D. … The member of the Board who made the initial motion which died for lack of a second clearly found the punishment to be too severe.

State v. Littleton

996 So. 2d 421 · Louisiana Court of Appeal · Sep 17, 2008

Alexander's responses on voir dire established that she could not be fair and impartial due to the consequences she would suffer from her husband. … The state clearly has the better argument. This court's prior ruling on the admissibility of Johnson's previous allegedly criminal acts was correct.

State v. Bailey

152 So. 3d 1056 · Louisiana Court of Appeal · Nov 19, 2014

On July 10, 2013, the defendant filed a pro se objection to the habitual offender bill of information, asserting the following arguments: (1) he did not qualify as a habitual offender because the prior offenses were not the … Therefore, the defendant was clearly represented by counsel at his arraignment and was not prejudiced by his appointed-counsel’s absence.

Jackson Headley v. Textron Systems

Louisiana Court of Appeal · Apr 26, 2021

Headley was involved in a compensable work accident on September 8, 2017, and that he established a causal connection between his work and his alleged injury. … They said so [ in] simple declarative sentences, almost immune from mis- interpretation.

State of Louisiana v. John Prince

Louisiana Court of Appeal · May 6, 2009

Defendant and Tanner clearly fought, and the latter man was clearly stabbed. … This damages Chambers’s credibility since the victim clearly bled.

Angelle Concrete, Inc. v. Jerry Sandifer

Louisiana Court of Appeal · May 24, 2006

Additionally, it was established that although the defendant expressed interest in having Mr. Sandifer return to work in a light duty status, a light duty position was not available at the time (Dr. … Sandifer’s actions clearly show that he is not totally disabled, we find he is nonetheless still qualified for SEB.

Redar, LLC v. Warren Rush

Louisiana Court of Appeal · Nov 17, 2010

This right of use clearly extended to the entire 9.97 acres. … We find that the trust document clearly establishes the extent of the right in this case, and we need not resort to Articles 633 through 635 to determine the question before us.

State of Louisiana v. Issa L. Lamizana Jr.

Louisiana Court of Appeal · Jul 23, 2024

Roche seeing the jury slips establishes that the jury in this case was polled is misplaced. … Lamizana contends that various State witnesses testified conclusively about the victims’ credibility and that the State failed to qualify some of these witnesses as experts. The four State witnesses that Mr.

State v. Richardson

779 So. 2d 771 · Louisiana Court of Appeal · Nov 1, 2000

Dick was part of the same jury panel as juror Smith, and answered affirmatively to the same questions indicating that she was otherwise qualified to serve as a juror. … Juror misconduct is not grounds for an automatic mistrial; prejudice must also be established. State v. Ireland, 377 So.2d 299 (La.1979); State v. Day, 414 So.2d 349 (La.1982).

Siemens Water Technologies Corp. v. Revo Water Systems, LLC

Louisiana Court of Appeal · Jan 8, 2014

Furthermore, “convoluted factual or legal scenarios could qualify as exceptional circumstances which justify the application of this exception.” Id. … Rather, it is an attempt to memorialize an issue that had clearly already been litigated, as the trial court reached a judgment on this issue.