Case law

Mitchell Baudoin v. American Glass and Mirror Works,inc.

Louisiana Court of Appeal · Feb 2, 2022

There’s some disagreement between the parties as to where he actually qualifies or what his title would have been to fall -- to see whether or not he’s excluded. … Accordingly, as the conditions for coverage under the [liability] policy clearly were not met, we find that the trial court did not err in granting summary judgment in favor of [the liability insurer].

State v. Briscoe

779 So. 2d 30 · Louisiana Court of Appeal · Jan 17, 2001

FACTS Karen Lewis Holmes, a criminalist with the New Orleans Police Department, was qualified by stipulation as an expert in the analysis of controlled dangerous substances. Ms. … In fact, this evidence establishes that the defendant pleaded guilty only after he was advised of his Boykin rights and knowingly waived them.

State v. Felix

918 So. 2d 577 · Louisiana Court of Appeal · Dec 30, 2005

Defendant maintains that nothing in the trial transcript establishes the jurisdiction of the trial court and that, although the record refers to street addresses, it contains *588 nothing to indicate that any of the places … its brief, the State asserts that the reference to docket number 98,994 was a mistake, as the charges filed under that docket number had been dismissed, and as the minutes and sentencing transcript reflect, Defendant was clearly

Demecia King v. Town of Clarks and Mayor Chad Coates and Board of Alderman, Chrissy Jolly, Shawn Guinn, Jason Morris, Margie Fisher, Patsy Fisher In Their Official Capacity and XYZ Insurance Company

Louisiana Court of Appeal · Nov 17, 2021

This presumption by the majority is contrary to well-established law and sound public policy. … Argument of counsel can only be treated as evidence is it qualifies as a judicial confession under La.

Household Fin. Corp. v. Borry

264 So. 3d 575 · Louisiana Court of Appeal · Dec 28, 2018

C.C.P. art. 561 clearly indicate that the "order of denial" referenced in that section is the denial of a motion to set aside a judgment of dismissal, not the denial of a motion to dismiss. … In their appellate brief, defendants attempt to imply that the June 2, 2016 discovery requests did not qualify as a step in the prosecution of the matter because they did not pertain to the principal demand and only addressed

Barbara Carradine v. Regis Corporation

Louisiana Court of Appeal · Nov 3, 2010

The facts clearly establish that Regis did not pay either of these claims within the time limits required by La.R.S. 23:1201(A) and (E). … As previously discussed, Louisiana jurisprudence has clearly established both that permitted breaks 19 fall within the course of employment and that defects on the employment premises

State v. Whalen

963 So. 2d 531 · Louisiana Court of Appeal · Aug 15, 2007

Muller’s testimony established Defendant’s prior felony. … The trial court clearly articulated its reasons for the sentence imposed.

Coastal Chemical Company, LLC v. The Travelers Indemnity Company and Lexington Insurance Company

Louisiana Court of Appeal · Sep 7, 2022

However, the language of the anti - assignment clause must clearly and unambiguously express that it applies to post -loss assignments. … art. 803( 6) must authenticate it by a qualified witness.

Derek Lancaster and Angela Lancaster v. James Alexander Tryforos and Alden Adams Tryforos

Louisiana Court of Appeal · Dec 30, 2025

Thereafter, the Lancasters hired a qualified roofer to further evaluate the roof. … P. art. 2164, appeals are favored, and damages will not be awarded unless they are clearly due. Benoist v. Jackson National Life Insurance Company, 2022- 0879 ( La.

Polmer v. Spencer

256 So. 2d 766 · Louisiana Court of Appeal · Mar 8, 1972

In order to provide legal representation for Mervin, who was totally incapacitated physically from acting on his own behalf, Spencer succeeded in having Irvin *769 Polmer qualified as curator ad hoc for his brother. … Clearly, Philip P.

Buster's Frozen Custard, LLC v. Lancaster Manufacturing, Inc.

15 La.App. 3 Cir. 947 · Louisiana Court of Appeal · Apr 27, 2016

.- establishes that the trial, court’s finding ■ is clearly wrong or manifestly erroneous. … In fact, the only writing qualifying as a pleading filed in the default judgment proceedings was the “MOTION FOR PRELIMINARY DEFAULT” signed and filed by Mr. Phillips on June 13, 2014.

Rives Plantation, L.L.C. v. BPX Properties (NA) LP

Louisiana Court of Appeal · Dec 20, 2023

It is unsigned, and because it does not have an author, it cannot be determined if the person who wrote it was qualified to write about its subject matter. … C.E. art. 803(6)’s business records exception because the necessary foundation was not established.

Kenneth Chevis v. Ernesto Rivera and Apache Industrial Services, Incorporated

Louisiana Court of Appeal · Sep 24, 2021

THE INTENTIONAL ACT EXCEPTION Generally, an employee' s exclusive remedy for injuries suffered during the course and scope of employment is through the Workers' Compensation Act ( the Act), which provides immunity … However, we note that the factual scenarios presented in ail three of these cases are clearly distinguishable from the case before this Court.

Household Fin. Corp. v. Borry

264 So. 3d 575 · Louisiana Court of Appeal · Dec 28, 2018

C.C.P. art. 561 clearly indicate that the "order of denial" referenced in that section is the denial of a motion to set aside a judgment of dismissal, not the denial of a motion to dismiss. … In their appellate brief, defendants attempt to imply that the June 2, 2016 discovery requests did not qualify as a step in the prosecution of the matter because they did not pertain to the principal demand and only addressed

Succession of Vernon James Goudeau

Louisiana Court of Appeal · Mar 25, 2026

Defendant, as executor, answered Plaintiff's petition on January 25, 2023, denying that Plaintiff qualified as a forced heir and raising two affirmative defenses. … Bagley’s opinion to establish that she was physically disabled at the time of her father’s death, she presented no evidence that established whether her mental incapacity or physical infirmities rendered her incapable of

State of Louisiana v. Lee Vidrine

Louisiana Court of Appeal · Apr 29, 2009

In the case of sexual offenses, the testimony of the victim alone can be sufficient to establish the elements of a sexual offense, even where the State does not introduce medical, scientific or physical … STANFORD: I’m trying to find out what she would be qualified as. MR. RICHARD: No. She’s being qualified as an expert. She doesn’t know what questions I’m gonna ask.

Coastal Bridge Company, LLC v. Louisiana State Licensing Board for Contractors

Louisiana Court of Appeal · Jan 11, 2023

statutory authority of the agency; 3) Made upon unlawful procedure; 4) Affected by other error of law; 5) Arbitrary or capricious or characterized by abuse of discretion or clearly … Where the documentary evidence in the administrative record established that Coastal has two unsatisfied judgments against it for sales and/ or 8 Additionally, Coastal' s violation of La. R.

Labarre v. Occidental Chem. Co.

251 So. 3d 1092 · Louisiana Court of Appeal · Jun 4, 2018

The trial court clearly placed the burden on Texas Brine, rather than National Surety with regard to the exclusion and the exception to the exclusion. … Texas Brine counters that judicial notice of the crude oil prices is not proper as it does not qualify as being "not subject to reasonable dispute in that it is ...

Derrick Mills Versus Harley-Davidson Motor Company, Inc.

Louisiana Court of Appeal · Feb 10, 2025

Mills was not qualified as an expert at trial, although he did testify about his many years of experience riding motorcycles. … Mills established that his future medical expenses will more 5 I note the least conservative estimate for Mr.

Christal Suire v. Lcs Corrections Services, Inc.

Louisiana Court of Appeal · May 3, 2006

The testimony recited above also established that the control room position was considered a full duty one. … While Suire contends that the trial court erred in awarding lost wages for a period of only five months, she states in her brief that she “does not contend that such error was clearly wrong” and does not brief the issue