Case law

Hobgood v. Aucoin

558 So. 2d 1285 · Louisiana Court of Appeal · Jun 1, 1990

The court of appeal is ordered to review the record and fix relator's damages for loss of earning capacity according to the guidelines established therefor in Philippe v. … Hobco was qualified as a Subchapter S corporation for federal income tax purposes.

State of Louisiana v. Arec J. Billiot

Louisiana Court of Appeal · May 16, 2025

Aireal Sullivan, an Orleans Parish Coroner’s office forensic pathologist who was qualified by the district court as an expert in forensic pathology and testified to performing of Lee’s autopsy and authored the forensic … A fact finder’s decision concerning the credibility of a witness will not be disturbed unless it is clearly contrary to the evidence. State v. James, 2009-1188, p. 4 (La.

Debbie B. Stewart v. Rheem Manufacturing Co.

Louisiana Court of Appeal · Mar 29, 2006

preempts the Stewarts’ suit for personal injuries under the Louisiana Products Liability Act (LPLA).  2) The trial court erred in finding that the leaking capacitor at issue qualified … While the legislature attempted to avoid an excessively onerous financial burden on those who previously manufactured these chemicals, it clearly sought the elimination of the risk of PCB exposure.

State in the Interest of J. Y. M.

Louisiana Court of Appeal · Aug 4, 2010

that the fact finder is clearly wrong or manifestly erroneous. … If there are two permissible views of the evidence, the fact finder’s choice between them cannot be manifestly erroneous or clearly wrong. Id.

Bayou Bridge Pipeline, LLC v. 38.00 Acres, More or Less, Located in St. Martin Parish

Louisiana Court of Appeal · Jul 15, 2020

Those standards are clearly set out in La.Const. art. 1, § 4, which requires that any taking be for a public and necessary purpose. … At the time BBP violated the Defendants’ due process rights it acted as a private entity qualified as an agent of the government for purposes of La.R.S. 13:5111. See Mongrue v.

State of Louisiana v. Sigmund L. Van Dyke

Louisiana Court of Appeal · Oct 1, 2003

Clearly, the time limitation for the commencement of the defendant’s trial for second degree murder has not lapsed. … He testified as to the numerous problems throughout the case with getting qualified counsel to represent the defendant.

Gilda R. Small v. Ar Scientific

Louisiana Court of Appeal · Nov 23, 2022

“The well established manifest error/clearly wrong standard of 2 Louisiana Code of Civil Procedure Article 561 provides in pertinent part, “A. (1) An action … is abandoned when the parties fail to take … The trial court in its written reasons clearly explained that La.Code Civ.P.

State v. Lyles

858 So. 2d 35 · Louisiana Court of Appeal · Sep 16, 2003

Since we find that the Defendant is qualified to be sentenced a multiple felony offender under the statute, all of his previous convictions may be counted for enhancement purposes. See, State v. … In order to rebut the presumption of constitutionality, the Defendant must clearly and convincingly show that he is "exceptional, which ... means that because of unusual circumstances this defendant is a victim of the legislature's

State v. Johnson

893 So. 2d 945 · Louisiana Court of Appeal · Feb 2, 2005

To the contrary, the trial court clearly explained that, although the defendant would be given an opportunity to challenge certain items, if the State presented sufficient evidence, restitution would be ordered for all stolen … Further, the owner of stolen property may testify regarding the value of the stolen items without the necessity of being qualified as an expert, and such testimony "can constitute ample evidence of the property's value."

James E. Guffey v. Lexington House, LLC

Louisiana Court of Appeal · Aug 22, 2018

Prescription is suspended as to the named party defendants, “all joint and solidary obligors, and all joint tortfeasors, including but not limited to health care providers, both qualified and not qualified[.]” … “It is [] well established that the Legislature is presumed to enact each statute with deliberation and with full knowledge of all existing laws on the same subject.” M.J. Farms, Ltd. v.

State v. Collins

12 So. 3d 1069 · Louisiana Court of Appeal · May 27, 2009

R.S. 40:966(A) establishes that: “It shall be unlawful for any person knowingly or intentionally: (1) To produce, manufacture, distribute or dispense or possess with intent to produce, manufacture, distribute, or dispense … Louisiana Code of Evidence Article states: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert

Nancy Taylor v. Progressive Security Ins. Co.

Louisiana Court of Appeal · Apr 7, 2010

Barczyk was not properly qualified as an expert and that his opinions were not based on “demonstrated and acceptable scientific principles.” Moreover, they allege that the trial court’s error in allowing Dr. … Manifest error is found only when the trial court was clearly wrong in accepting the expert’s opinion upon which it relied.

Denisa Joshua v. Community Care Center of Heritage House, LLC

Louisiana Court of Appeal · Sep 5, 2023

The PCF did not specifically assert the tort immunity defense as set forth in La. R.S. 29: 771( B)( 2)( c)( i) in LHEPA. … App. 5th Cir. 8/ 24/ 22), 348 So. 3d 216, 221- 22 the tort immunity provided by [ La.

State of Louisiana v. Ryan Odell Jimmerson

Louisiana Court of Appeal · Sep 28, 2022

The second circuit rejected that assertion, explaining that, although Corporal Sotak’s observations regarding the victim’s appearance were clearly admissible under Article 701, “these observations are far removed from … Again, Sergeant Stroud was not qualified as an expert witness, but testified as a lay witness as to his own observations and perceptions.

State v. Urena

13 La.App. 3 Cir. 1286 · Louisiana Court of Appeal · May 7, 2014

There is no merit to Defendant’s assertion that the evidence was insufficient to establish five distinct acts of aggravated incest. … The trial court properly provided particular justification and clearly stated the factors it considered in imposing this sentence.

State v. Brown

594 So. 2d 372 · Louisiana Court of Appeal · Sep 23, 1991

Clearly, Jamie Gary's statement is in direct conflict with Dr. … When questioned by the trial court as to which three jurors had allegedly viewed defendant, defense counsel stated that defendant could clearly identify only one of the three jurors involved, Ms.

Coy Fortenberry v. Jeremy Evans, In His Capacity as DeSoto Parish Clerk of Court

Louisiana Court of Appeal · May 22, 2024

examine public documents, except in cases established by law.” … There was no intent on the part of the legislature to qualify, in any way, the right of access. Shane v. Parish of Jefferson, 14-2225 (La. 12/8/15), 209 So. 3d 726.

State of Louisiana v. Chad M. Vidrine

Louisiana Court of Appeal · Apr 15, 2020

Cynthia Gardner, a forensic pathologist employed by the Orleans Parish Coroner’s Office, was qualified, without objection, as an expert in the field of forensic pathology. Dr. … Vidrine was clearly experiencing stress. However, “[w]ith alcohol on board,” a person’s stress level decreases. Dr.

Markel Domino v. City of Crowley Police Department

Louisiana Court of Appeal · May 25, 2011

The remaining issues were fixed for trial, and the court subsequently granted a directed verdict dismissing Nickel and Deville, finding they were judicially immune from suit for the conduct alleged. … P. art. 220] The test precludes “clearly inappropriate force.” LSA-C.Cr.P.Art.220, Official Revision Comment(b).

Pat Cooper v. Lafayette Parish School Board

Louisiana Court of Appeal · Nov 23, 2016

It shall be the responsibility of the superintendent to ensure that all persons have proper certification, as applicable, and are qualified for the position. … The salary schedule at issue clearly sets forth that the salaries are to be computed based on a 244 day year.