Case law
Opinions from 1658 to today.
8,141 results
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Michael H. Taylor v. Louisiana State Racing Commission
Louisiana Court of Appeal · Dec 10, 2014
The district court erred in failing to find that the State had established a chain of custody from Dr. … Clearly, they chose the former. As such, the LSRC was heard the arguments and evidence both for and against the validity of Dr.
Cited 0 timesUnknownClaudia Reynolds Gentry v. Johnny Biddle, Jr., M.D., Lpcf
Louisiana Court of Appeal · Nov 2, 2005
It is well established that the PCF cannot contest liability once a qualified healthcare provider has tendered payment of $100,000.00. La.R.S. 40:1299.44(C)(5); Graham v. … Her abdomen is clearly deformed as a result of the numerous surgeries and treatments.
Cited 0 timesUnknownParish of Livingston v. A&M Investment Properties, LLC
Louisiana Court of Appeal · Jun 27, 2024
the finding is not clearly wrong or manifestly erroneous. … Baldwin' s testimony, and the record as a whole, clearly establish that the Parish made numerous attempts to relocate A& M Investments' equipment.
Cited 0 timesUnknown940 So. 2d 160 · Louisiana Court of Appeal · Sep 27, 2006
DeHaan's status as an expert witness did not qualify him for general access to information from the grand jury proceedings. … establish the violation, must prove with particularity the irregularities in the grand jury process, and must show impairment of substantial rights of the accused.
Cited 6 timesPublishedState Of Louisiana v. Sidney Frank Phillips, Jr.
Louisiana Court of Appeal · Sep 28, 2023
In finding the defendant guilty, the jury clearly rejected the defense' s theory of misidentification. See Moten, 510 So. 2d at 61; State v. … Elijah' s testimony established that his brother was arrested for gang activity.
Cited 0 timesUnknownJewel Vaughn, III v. Dis-Tran Steel, LLC
Louisiana Court of Appeal · Feb 7, 2018
Thus, it would qualify as a controlled substance. However, the WCJ found in his oral reasons “since Mr. … A panel of this court clearly defined the basis for an award of penalties and attorney fees in Landry v.
Cited 0 timesUnknownLouisiana Court of Appeal · Mar 7, 2019
Gibson failed to establish that the class is so large that joinder would be impractical. … So, we know more than 100 names on the list would qualify as members of this class. Also, many of the amounts listed in Exhibit 9 are relatively small so considerations of judicial economy come into play.
Cited 0 timesUnknownDerrick P. Williams v. Lafayette City Parish Consolidated Government
Louisiana Court of Appeal · Dec 8, 2021
We find an employer’s relationship to its employee supports the application of the collateral source rule just as the supreme court found PCF’s relationship to a qualified healthcare provider does. … A plaintiff seeking an award for future medical expenses is required to establish those expenses “with some degree of certainty.” Armentor, 972 So.2d at 448.
Cited 0 timesUnknownLouisiana Court of Appeal · Oct 14, 2021
In addition, the federal district court found that the magistrates’ determination as to the Hensgens factors was not clearly erroneous or contrary to law. Carlo Carollo, et al v. ACE American Ins. Co., et al., No. … DODT is part of the executive branch of state government and is immune from suit in federal court pursuant to La.
Cited 0 timesPublishedLouisiana Court of Appeal · Sep 19, 2025
Although Park Ridge was a selective admissions academic magnet school and many of the students attending Baker Heights and Baker Middle would not qualify to attend, Mr. … of review is based upon a conclusion that the trial court committed no error of law and was not manifestly erroneous or clearly wrong in making a factual finding that.
Cited 0 timesUnknownKimberly Carter v. Louisiana Medical Mutual Ins. Co.
Louisiana Court of Appeal · May 19, 2010
in his medical specialty, and must then establish a causal relationship between the alleged negligent treatment and the injury sustained. … 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. Fox v.
Cited 0 timesUnknownState in the Interest of K. Z.
Louisiana Court of Appeal · Mar 2, 2016
Clearly the incorrect date was a typo and an omission. … The trial court clearly acted within its discretion. Therefore, the assignment of error lacks merit. Id. at 1288-89.
Cited 0 timesUnknown242 So. 3d 806 · Louisiana Court of Appeal · Mar 14, 2018
Richard Richoux, a Jefferson Parish jail psychiatrist who was qualified as an expert in the field of forensic psychiatry. Dr. … In order to rebut the presumption that a mandatory minimum sentence is constitutional, the defendant must clearly and convincingly show that he is "exceptional, which ... means that because of unusual circumstances this defendant
Cited 9 timesPublished622 So. 2d 732 · Louisiana Court of Appeal · Sep 2, 1993
The record shows that Carl devoted much of his time to Krielow Brothers, Inc., acted as vice-president, and passed the Louisiana Contracting License Board exam to qualify the corporation for heavy construction work. … Ellis could not establish the value of the stock at the inception of the community in 1980. We find that Mr.
Reversed on other grounds by Krielow v. Krielow, 635 So. 2d 180 (1994)Cited 8 timesPublishedState in the Interest of H.M.D. & J.J.W.
Louisiana Court of Appeal · Apr 7, 2010
Additionally, we review the trial court’s findings of fact under a manifest error/clearly wrong standard. Id. … Having concluded that the trial court was not clearly wrong in determining that a ground for termination exists, we turn to the “best interest” issue.
Cited 0 timesUnknownDarren Dugas v. Bayou Teche Water Works, Inc.
Louisiana Court of Appeal · Feb 12, 2014
On remand, the defendant filed a motion for summary judgment, supplementing the record regarding the question of whether it qualified as an entity offered the prescriptive limit of La.R.S. 9:5624. … Bayou Teche also attached deposition testimony and bills of sale associated with the plaintiffs‟ property in an attempt to establish that the plaintiffs failed to file suit within two years of the damages being sustained
Cited 0 timesUnknownLouisiana Court of Appeal · Sep 19, 2025
Although Park Ridge was a selective admissions academic magnet school and many of the students attending Baker Heights and Baker Middle would not qualify to attend, Mr. … of review is based upon a conclusion that the trial court committed no error of law and was not manifestly erroneous or clearly wrong in making a factual finding that.
Cited 0 timesUnknownSusan Johnson v. Progressive Security Insurance
Louisiana Court of Appeal · Jun 9, 2021
Lyles is a former State Trooper who qualified to testify as an accident reconstruction expert. He recovered the Restraint Control Module (“black box”) from Officer Johnson’s police cruiser. … If there are two permissible views of the evidence, the trier of fact’s determination “cannot be manifestly erroneous or clearly wrong.” Id. at 844.
Cited 0 timesUnknownLouisiana Court of Appeal · May 9, 2022
Because TMCC would have the burden of proof at a trial of establishing its entitlement to a refund, in order to demonstrate its entitlement to summary judgment, TMCC had to establish that there was no genuine issue of fact … None of the grounds for a refund of overpayment set forth in LSA-R.S. 47:1621(B) or (C) have been established.
Cited 0 timesUnknownState of Louisiana Versus Justin A. Hutchinson
Louisiana Court of Appeal · Aug 18, 2023
Broome was rehabilitated on these issues and otherwise provided responses indicating that he was a well-qualified juror. … Cook was a qualified juror and the State’s reasons were not valid.
Cited 0 timesUnknown
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