Case law

Robichaux v. STATE EX REL. DEPT. OF HEALTH

952 So. 2d 27 · Louisiana Court of Appeal · Dec 28, 2006

those of other class members; (2) the chosen representatives must have a sufficient interest in the out-come *36 to ensure vigorous advocacy; and (3) counsel for the chosen representatives must be competent, experienced, qualified … This is clearly Plaintiffs' stated ultimate goal, and a valid one. Practically speaking, however, this litigation seeks the monetary means to effect remediation pursuant to the groundwater statute.

State of Louisiana in the Interest of B.R.C.

Louisiana Court of Appeal · Dec 21, 2016

element of the case plan. 3 The biological mother stipulated to her parental rights being terminated on November 16, 2015. 2 erroneous or, in other words, are clearly … He also maintained contact with his children in accordance with the visitation plan, secured housing, participated in a mental health evaluation, completed anger management classes, and qualified his children to receive

State of Louisiana v. Jerome Montrell Thomas

Louisiana Court of Appeal · Feb 2, 2011

.2d 1113 (La.1983), appeal after remand, 457 So.2d 1251 (La.App. 1 Cir. 1984), appeal after remand, 471 So.2d 1041 (La.App. 1 Cir. 1985), the supreme court concluded that the statute clearly … Defendant asserts the critical question is whether the State had enough information to establish that he fired the gunshot that hit Perioux.

Wood Materials LLC v. City of Harahan

262 So. 3d 1034 · Louisiana Court of Appeal · Dec 19, 2018

Our jurisprudence clearly states that zoning by its nature is a legislative function, the authority for which flows from the police power of governmental bodies. King v. … In addition, Harahan also qualifies as a "local governmental subdivision" 11 and a "political subdivision." 12 The term "instrumentality" does not appear to have been assigned a formal legal definition in Louisiana.

Wood Materials LLC v. City of Harahan

262 So. 3d 1034 · Louisiana Court of Appeal · Dec 19, 2018

Our jurisprudence clearly states that zoning by its nature is a legislative function, the authority for which flows from the police power of governmental bodies. King v. … In addition, Harahan also qualifies as a "local governmental subdivision" 11 and a "political subdivision." 12 The term "instrumentality" does not appear to have been assigned a formal legal definition in Louisiana.

Department of Children and Family Services in the Matter of J. M.

Louisiana Court of Appeal · Mar 31, 2021

DCFS failed to establish the credentials of the Texas interviewer, the competence of J.B. … Hearsay evidence qualifies as competent evidence if it has a degree of reliability and trustworthiness and is of the type that reasonable persons would rely upon.

Yolande Schexnayder & Son, Inc. Versus Parish of St. James

Louisiana Court of Appeal · Mar 9, 2022

James Assessor Office if a property no longer qualifies for a designated use for tax purposes. … Army Corps of Engineers’ projects qualified as a nonconformity as of the effective date of the Ordinance.

Randall v. Baton Rouge Bus Co.

114 So. 2d 98 · Louisiana Court of Appeal · Oct 9, 1959

. *100 The evidence clearly shows that Randall, the driver of the Plymouth automobile, was negligent. … She stated that she did not remember clearly whether the car was closer to the point of impact than the bus.

George L. Bruce v. Ford Motor Company

Louisiana Court of Appeal · Dec 18, 2013

However, Ford’s expert, qualified in automotive mechanics and repair of Ford vehicles, Chris Furnas, testified that when Ford had the vehicle, they were using a diagnostic tool known as an “IDS” that actually provides more … Bruce’s burden to establish that a complaint or symptom he experienced was legitimate and was caused by a redhibitory defect.

Home Insurance Co. v. National Tea Co.

577 So. 2d 65 · Louisiana Court of Appeal · May 17, 1991

Additionally, the trial court has great discretion in determining whether to qualify a witness as an expert, and such discretion will not be disturbed on appeal unless shown to be manifestly erroneous. Brown v. … The trial judge determined that the evidence failed to establish that the mall owners were liable based upon the design of the mall.

Graham v. Georgia-Pacific Corp.

643 So. 2d 352 · Louisiana Court of Appeal · Sep 23, 1994

He identified several qualifying skilled jobs with employers who had filled such positions in the last year: a warehouse worker at Monroe Bearing & Supply, a utility worker at Bocks Board Packing, and temporary jobs as headlight … The ultimate outcome was not clearly directed by the statute or the jurisprudence. We conclude that G-P reasonably relied on what it considered to be the applicable law, Bonnette v. Travelers Ins. Co .

Gravois v. Travelers Indemnity Company

173 So. 2d 550 · Louisiana Court of Appeal · Jun 7, 1965

Mary Chiasson Gravois, individually and as the duly qualified administratrix of the succession of her husband, Stephen J. … Gravois, and also as the duly qualified tutrix of her two minor children, Kimberly John Gravois and Stephanie Maria Gravois, for the death of her husband Stephen J. Gravois.

City of Baton Rouge and Parish of East Baton Rouge v. Giovanni Mucciacciaro

Louisiana Court of Appeal · May 25, 2022

Lakvold’s expertise in appraising real estate was established and accepted by the trial court and clearly qualified her to discuss the methodology she used in calculating just compensation for this parcel (and all the parcels … , that the property taken qualifies for replacement costs.

New Cingular Wireless, PCS, LLC v. City-Parish of East Baton Rouge

Louisiana Court of Appeal · Dec 30, 2021

The jurisprudence clearly states that zoning is a legislative function, the authority for which flows from the police power of governmental bodies. King, 719 So. 2d at 418. … C. § 253( c) clearly provides the City/Parish the right to manage the public right- of-way.

Sylvia Ellis v. Louisiana Casino Cruises, Inc dba Hollywood Casino Baton Rouge and Helmsman Management Services, LLC

Louisiana Court of Appeal · Oct 18, 2021

the factfinder is clearly wrong or manifestly erroneous. … An appellate court must determine whether the trial court' s conclusions were clearly wrong based on the evidence or clearly without evidentiary support. Id.

Faunce v. City of New Orleans

148 So. 57 · Louisiana Court of Appeal · May 22, 1933

It has been often held that by thus establishing a boundary it is an evidence of his intention to dedicate the street to public use.” See, also, Jaenke v. Taylor, 160 La. 109 , 106 So. 711 ; Calhoun v. … The vendor ■ did not, in terms, convey the property of the alley to his different vendees, but for all practical purposes they had qualified property rights in it (Delogny’s Heirs v. Mercer, 43 La.

Demetric Tanner v. Lafayette City-Parish Consolidated Government

Louisiana Court of Appeal · May 22, 2019

He says the cover here, in his layman’s opinion, is not in the wheel path of vehicles, but he is not a qualified expert. … The architectural plans for the restaurant clearly indicate that the north wall was supposed to be bolted to the structural steel. Dr.

State of Louisiana v. Tashonty C Toney

Louisiana Court of Appeal · Apr 17, 2024

Clearly, Mr. Toney’s offenses were horrific, caused immeasurable devastation to the victims’ families and loved ones, and unfairly cut short the lives of two outstanding, promising individuals. … Toney’s background does not qualify as the worst offender for whom the maximum sentence is reserved when compared to other convicted multiple homicide offenders.

State v. Monroe

784 So. 2d 29 · Louisiana Court of Appeal · Mar 28, 2001

The decision to deny a motion to suppress is afforded great weight, and it will not be set aside unless the preponderance of the evidence clearly favors suppression. State v. Williams, 98-1006 (La. … Patricia Adams of the Jefferson Parish Sheriffs Office, who was qualified as a fingerprint expert. She testified that she took defendant's fingerprints prior to the habitual offender hearing. During Lt.

Leon Roy v. Schilling Distributing Company, Inc.

Louisiana Court of Appeal · Oct 16, 2013

“When the employee is entitled to monthly [SEBs] pursuant to this Subsection, but is not receiving any income from employment or self-employment and the employer has not established earning capacity pursuant to R.S. 23:1226 … The record does not reflect a reasonable basis for finding that Fontenot’s testimony on availability qualified as competent evidence.