Case law

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.

Kay Hanagriff, Individually, Etc. v. Preferred Professional Insurance Company

Louisiana Court of Appeal · Apr 18, 2018

[W]here there are two permissible views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong. In Sharpentier v. LAMMICO Ins. … When the alleged negligence of a specialist is at issue, only those qualified in that specialty may offer expert testimony and evidence of the applicable standard of care.

Brian Cole v. Acadia Parish Sheriff's Dept.

Louisiana Court of Appeal · Nov 5, 2008

However, he clearly said that he would want to see how sick the patient was before allowing antibiotics. … This has been one of several repeated and patent misrepresentations of the testimony in the record, which has clearly established that no such standing order was in place. The only standing order that Dr.

United States Aircraft Insurance Group v. Global Tower, LLC D/B/A Global Tower Partners

Louisiana Court of Appeal · May 20, 2020

It is well settled that an appellate court may not disturb a jury’s finding of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly … Post), testified as an expert witness qualified in “vision visibility, attention, and visual sciences.” Dr.

State v. Jones

769 So. 2d 28 · Louisiana Court of Appeal · Jun 21, 2000

New Orleans Police Officer Edgar Dunn, qualified by stipulation as an expert in the identification of cocaine, testified that he tested a sample of the substances in each of the three bags in evidence, and those samples were … It is not necessary that the investigating officer establish that it was more probable than not that the detained individual was armed and dangerous; it is sufficient that he establish a "substantial possibility" of danger

Jarrott v. Louisiana State Board of Medical Examiners

19 So. 3d 526 · Louisiana Court of Appeal · Aug 25, 2009

Clearly, Dr. Jarrott recognized or, with an appropriate degree of medical competence, should have recognized that K.S. was addicted to prescription drugs. … Hubbell, III, M.D. as a well qualified pain specialist. He opined that Dr.

State of Louisiana in the Interest of C.S., Y.M., A.M., E.M., and K.M

Louisiana Court of Appeal · Sep 17, 2025

All of the children were past due on recommended immunizations. … While none of the children qualified for trauma -focused cognitive behavioral therapy, it was recommended that they receive treatment from licensed professionals with trauma training.

State of Louisiana v. Steve Derozal Williams

Louisiana Court of Appeal · Feb 25, 2026

The state argues that the evidence presented was clearly sufficient for the jury to have reached a verdict of second-degree murder because Steve had the specific intent to kill Mr. Brown. … In short, Steve was permitted to introduce other evidence establishing his state of mind and alleged fear of Mr. Brown at the time of the homicide.

Debra Parish Philmon v. Jake C. Philmon

Louisiana Court of Appeal · Nov 10, 2004

LAW AND ANALYSIS Findings of the trial court are reviewable on appeal, and the third circuit’s requisite standard of review has been clearly established. … Nevertheless, it is well established that a co-owner need not pay rent to another co-owner for his exclusive use of the co-owned property. McCarroll v.

State v. Lewis

74 So. 3d 254 · Louisiana Court of Appeal · Sep 28, 2011

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence, must be sufficient for a rational trier of fact to conclude beyond a … ¿with the State Crime Laboratory of Arkansas was qualified by the trial court as an expert in his field.

ANR Pipeline Co. v. Louisiana Tax Commission

2011 La.App. 1 Cir. 0425 · Louisiana Court of Appeal · Aug 23, 2011

R.S. 30:551(A) and qualified as public service companies under La. R.S. 47:1851(K). … Thus, to the extent that Judge Kelley dismissed the assessors’ demands, i.e., interventions to which they are clearly entitled under La.

Palmisano v. Mascaro

611 So. 2d 632 · Louisiana Court of Appeal · Dec 15, 1992

It also breaches the general partner's duty (established in Noe v. Roussel, 310 So.2d 806, 818 (La.1975)) for a fiduciary to maintain arm's length distance during transactions. … Therefore, even if the partnership agreement did not require Mascaro to act as a fiduciary, the Civil Code does, and it would be against public policy to permit a partnership agreement to immunize a general partner from damage

Morales v. Parish of Jefferson

140 So. 3d 375 · Louisiana Court of Appeal · Apr 30, 2014

Those claims related to whether the ATSE violated Louisiana’s spousal immunity privilege or impermissibly attempted to govern civil relationships. … This alternative purpose is clearly stated in the text of the ATSE in section 36-309.

Animal Legal Defense Fund v. State, Department of Wildlife & Fisheries

2012 La.App. 1 Cir. 0971 · Louisiana Court of Appeal · Apr 25, 2013

Petition for Injunctive Relief and Writ of Mandamus Against Unlawful Permitting of Potentially Dangerous Quadruped” against DWF and Secretary Bar-ham. 5 In the petition, the plaintiffs alleged that Michael Sandlin “did not qualify … Considering the evidence in the record, we find that the trial court’s findings in this regard are reasonably supported by the record and are not clearly wrong.

State of Louisiana v. Barry Bowie

Louisiana Court of Appeal · Jul 1, 2025

She was qualified as an expert in forensic pathology and testified that she performed Mr. James’ autopsy. Mr. James’ cause of death was multiple gunshot wounds and was classified as a homicide. … Bowie suggests that the video footage did not clearly depict him, a review of the footage demonstrates otherwise. Mr.

Jennifer Thibodeaux v. Bill Comeaux

Louisiana Court of Appeal · Jun 15, 2011

Kelley Seale Adamson was qualified as an expert in civil engineering with an emphasis on structures and in accident reconstruction, and the parties stipulated that Dean Tekell Jr. is an expert in highway design with an … Under this standard, “an appellate court may not disturb a [trial court’s] finding of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous

Interdiction of Amy Larose Hall

Louisiana Court of Appeal · Jun 6, 2007

Bamburg, clearly indicate Amy is suffering from mental illness which causes her to be a danger to herself and others. See La.R.S. 28:54(A). … The administrative law judge concurred in the finding that Amy did not meet the legal definition of “developmentally disabled,” but recommended the following: While the appellant does not qualify for services in

McBride v. Lichtenstein

260 So. 3d 658 · Louisiana Court of Appeal · Dec 5, 2018

the fact finder is clearly wrong or manifestly erroneous." … DeAbate were entered into evidence and the specific report of May 2, 2013, also contains some qualifiers. The report indicates that on the date of examination, McBride reported that he was "coming along."

Cach, LLC v. Sonia M. Cheatwood

Louisiana Court of Appeal · May 5, 2021

It clearly states that [Nancy Gosnell] had personal knowledge of the facts contained in the affidavit, including the purchase of Ms. … to establish their admissibility as such under La.Code Evid. art. 803(6).

State v. Triggs

16 So. 3d 482 · Louisiana Court of Appeal · Jul 1, 2009

The fact that the defendant was unable to retrieve his furniture was not so immediate that it could qualify as sufficient provocation under LSA-R.S. 14:31 A(l). … Where the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with LSA-C.Cr.P. art. 894.1. State v.