Case law

Scott v. American Tobacco Co.

725 So. 2d 10 · Louisiana Court of Appeal · Nov 4, 1998

The Supreme Court stated: [W]hen a defendant's tortious act causes someone bodily harm and that person is made to incur medical expenses as a result, the law clearly affords recovery for these expenses. Hansen [v. … chances of members of the public at large of developing the disease. * * * (4) A monitoring procedure exists that makes the early detection of the disease possible. * * * (5) The monitoring procedure has been prescribed by a qualified

State v. Ceaser

9 La.App. 3 Cir. 236 · Louisiana Court of Appeal · Nov 4, 2009

He asserts that Chief Dupre’s testimony that the drugs were more than what was typical for personal use was insufficient to support a finding that he had the intent to distribute because Chief Dupre was not qualified as an … The fifth circuit determined there was sufficient evidence presented to establish the defendant’s possession of the drugs; notably, the defendant had been driving the ear, and the cocaine had been clearly visible to the driver

State of Louisiana, Office of the Governor, Division of Administration, Office of Community Development, Disaster Recovery Unit; State of Louisiana, Office of the Governor, Department of Economic Development v. Citizens United for Economic Equity

Louisiana Court of Appeal · Aug 8, 2024

The documents in question do not clearly set forth how the fees allowed by the original contract are to be treated, nor how the permissible 15% administrative costs are to be calculated. … Cenac met his initial burden on the motion of establishing the material facts. RCF Agreement and the RCF Amendment.

State v. Moore

827 So. 2d 647 · Louisiana Court of Appeal · Oct 2, 2002

A defendant has the burden to establish his incapacity to stand trial by a preponderance of the evidence. Cooper v. … Simoneaux qualified this conclusion by stating that it was difficult to know if that was a valid interpretation for an adolescent, particularly when he had the impression that Defendant may have been pretending to not understand

New Orleans v. United Gas Pipe Line Co.

517 So. 2d 145 · Louisiana Court of Appeal · May 13, 1987

United argues persuasively that the priorities established by the federal orders superseded the priorities established by the contractual "impairment of deliveries" clause. … "Clearly, given the fact that the way the energy is allocated with the cheapest energy going to the area load and the next cheapest or the next more expensive going off system, clearly if this generation by Texaco gas at

State of Louisiana Versus Seth Redell

Louisiana Court of Appeal · Apr 26, 2023

Baden pointed out that the medical records showed there was a contusion on the top of H.U.’s head and there was clearly an impact, which precluded a finding of shaken baby syndrome. Dr. … Galaznik was not qualified to testify as an expert on shaken baby syndrome. The State also responds that Dr.

Bloxom v. Tex. & Pac. Ry. Co.

15 La. App. 467 · Louisiana Court of Appeal · Dec 23, 1930

The evidence of those witnesses shows that they were not especially qualified to estimate the speed of trains, that they saw the train for only a short time, and their evidence also shows that they were not paying any attention … The plaintiff bore the burden of proof and we are of the opinion that the evidence failed to establish that the signals were not given or that the speed of the train was above 30 miles per hour.

Steven L. Pierce v. Patricia Davis Pierce

Louisiana Court of Appeal · Feb 21, 2020

Moreover, the standard of review applicable to fact findings of the trial court has been clearly enunciated by our Supreme Court in Rabalais v. … finding is clearly wrong.

Jason L. Mouret v. Belmont Homes, Inc.

Louisiana Court of Appeal · May 30, 2012

Unless grounds for vacating, modifying or correcting the award are established, the award must be confirmed, and the burden of proof is on the party attacking the award. … Plaintiffs‟ claim that there was only one arbitrator qualified to hear their dispute is not borne out by the record.

State v. JVF

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.

Succession of Viosca

202 So. 2d 511 · Louisiana Court of Appeal · Jul 17, 1967

Jules Viosca qualified as executor and in due course filed inventories of the assets of the estate. Lynn Viosca Brignac then filed a rule- to show cause in the form of a motion to traverse the Orleans inventory. … We conclude the plaintiff in rule quite clearly has failed to carry her burden of ultimate proof by a reasonable preponderance of the evidence.

Sharon Tisdale v. David Hedrick,as Concordia Parish Sheriff

Louisiana Court of Appeal · Jun 8, 2022

The trial court noted the record established no other deputies were aware they were expected to supervise the inmates. Noticing the lack of supervision, Mr. … mandates of the Policy Manual in the trustee application process, the trial court found the clear language on the Policy Manual unequivocally provided that any inmate with a “history of sex offence convictions” cannot qualify

Hoffman v. PARACELSUS ELMWOOD MED. CENTER

881 So. 2d 796 · Louisiana Court of Appeal · Sep 1, 2004

Standard of Review The well-established standard of appellate review dictates that this court not overturn a judgment of a lower court absent an error of law or finding of fact that is manifestly erroneous or clearly wrong … This technical difference is of little importance in this case for the two expert witnesses were duly qualified as experts by the court.

Jeffrey Warren Bennett v. Linda Dauzat

Louisiana Court of Appeal · May 21, 2008

Dauzat by transferring the check to AGF, but he claims that there was not a notary present at the time of transferring the check who would be qualified to sign such a title transfer. Thereafter, Mr. … Within such circumstances, we cannot hold that the trial court was clearly erroneous in concluding that the case at bar lacked a false statement sufficient to support a defamation claim.

Louisiana Electorate of Gays & Lesbians, Inc. v. State

2001 La.App. 4 Cir. 1091 · Louisiana Court of Appeal · Nov 20, 2002

We find that the trial judge did not err in qualifying Mr. Cohen as an expert in these fields. … These statutes are clearly not bills of attainder. They do not apply to easily ascertainable members of a group; they apply to everyone who engages in the proscribed conduct.

Colbert v. BF Carvin Const. Co.

600 So. 2d 719 · Louisiana Court of Appeal · Apr 28, 1992

The rationale for imposing liability was clearly stated in United States v. … While he admitted a change order would be appropriate he qualified his response as: "If appropriately requested, it would be correct."

State of Louisiana v. Craig L. Curley, Sr.

Louisiana Court of Appeal · Mar 18, 2024

As set forth above, all of these required elements were established. … As established above, the age requirements have been satisfied. The touching of C.J.’s genitals, as relayed to Dr.

Demetris Lawson v. Randen Gauteau, Johnson Controls Fire Protection, LP, and Old Republic Insurance Company

Louisiana Court of Appeal · Nov 7, 2025

determinations: 1) the appellate court must find from the record that. a reasonable factual basis does not exist for the finding of the trial court, and 2) the appellate court must further determine that the record establishes … that the finding is clearly wrong ( manifestly erroneous).

State of Louisiana v. Justin Charles Singleton

Louisiana Court of Appeal · Mar 14, 2007

Defendant further claims that the trial court erred in requiring Defendant to give further explanation after he had clearly established race neutral reasons for the first two peremptory challenges. … Therefore, the prosecution clearly established a prima facie case of discriminatory intent. Defendant is also incorrect in contending that he did not bear the burden of proof.

Bozeman v. State

787 So. 2d 357 · Louisiana Court of Appeal · Apr 4, 2001

Deputies Norsworthy and Christian were not qualified as accident reconstruction experts. … That joint exhibit clearly expanded the pleadings, defeating any assertion that the dictates of La.