Case law

Buddy" Caldwell, Attorney General Ex Rel. State of Louisiana v. Janssen Pharmaceutical, Inc. "

Louisiana Court of Appeal · Aug 31, 2012

Evidence Insufficient to Establish MAPIL In its first assignment of error, Janssen asserts that the trial court erred when it entered judgment against them because the trial record is insufficient to establish a … I‟m going to tell you, novel, if this case qualifies as nothing else, it is novel. . . .

Stephan Jones v. City of Pineville

Louisiana Court of Appeal · Apr 7, 2010

Accordingly, we find that the district court was clearly wrong in affirming the decision of the Board. … We find this determination just, as the record clearly establishes that Jones was never properly terminated.

Geraldine Watkins v. Mitchell A. Pierce, Jr., DMD and National Untion Fire Insurance Company of Pittsburg, P.A.

Louisiana Court of Appeal · Jul 8, 2020

Pierce is not a qualified health care provider. 2 In denying the motion for summary judgment, without prejudice, as to the issue of informed consent, the trial court's judgment acknowledged the defendants' " rights to reassert … Watkins argues to the contrary, the signed consent form clearly indicates that she was informed and understood the purpose and the nature of the implant surgery procedure.

State v. Castro

9 La.App. 5 Cir. 887 · Louisiana Court of Appeal · May 25, 2010

The Louisiana Supreme Court has held that the appointment of a qualified foreign language interpreter, based on the defendant’s ability to show he is unable to understand the court proceedings in English, is within the sound … Castro was able to communicate clearly in English. Sergeant Russo commented that his department has interpreters, as well as Spanish-language rights forms.

State v. Mims

769 So. 2d 44 · Louisiana Court of Appeal · Jun 21, 2000

New Orleans Police Officer Kenneth Leary was qualified by stipulation as an expert in the field of firearms identification. … The prosecutor's references to cocaine and its effects on our society were clearly inappropriate in this homicide case.

State of Louisiana v. Trent Miller

Louisiana Court of Appeal · Sep 27, 2006

The medical evidence adduced at trial clearly demonstrated that the victim died due to non-accidental trauma to her brain. Dr. … However, R.S. 13:3714, as revised in 1977, establishes one of the limited exceptions to the hearsay rule.

State v. Debrow

781 So. 2d 853 · Louisiana Court of Appeal · Mar 2, 2001

Where the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with La. C.Cr.P. art. 894.1. State v. … A law enforcement officer may testify as to matters within his personal knowledge acquired through experience without being qualified as an expert witness. State v.

State v. Jones

8 La.App. 3 Cir. 687 · Louisiana Court of Appeal · Dec 10, 2008

Hughes, 05-992, p. 6 (La.11/29/06), 943 So.2d 1047, 1051 , stated: [I]n Louisiana, an accomplice is qualified to testify against a co-perpetrator even if the State offers him inducements to testify. [State v.] … Her out-of-court statement only established a time line of the Victim’s whereabouts prior to his death.

State v. Sartain

2008 La.App. 4 Cir. 0266 · Louisiana Court of Appeal · Dec 30, 2008

Kenneth Leary was qualified as an expert in firearms examination. He examined the two guns seized in this case, Off. Bono’s gun and the gun seized from under the vehicle where Off. … Given the evidence adduced at trial and listed above, it does not appear that the jury’s credibility finding was clearly contrary to the evidence.

State v. Lewis

2012 La.App. 4 Cir. 0803 · Louisiana Court of Appeal · Sep 25, 2013

Byron Winbush was qualified by stipulation as an expert in firearms examination and ballistics. … “Credibility determinations are within the sound discretion of the trier of fact and will not be disturbed unless clearly contrary to the evidence.” State v. Marshall, 04-3139, p. 9 (La.11/29/06), 943 So.2d 362, 369 .

State of Louisiana v. Jimmy O'Neal Lewis

Louisiana Court of Appeal · Dec 14, 2022

After Gurganus was given testimonial immunity, he provided unresponsive answers to the prosecutor, when asked questions about his police statement. … It appears that Gurganus’ statement qualifies under the declaration against penal interest exception to the hearsay rule making the statement admissible.

Miller v. Hartford Fire Ins. Co.

412 So. 2d 662 · Louisiana Court of Appeal · Mar 2, 1982

The statute presumes that the insured is the owner of the property insured, and merely prescribes a rule of public policy for establishing the pecuniary loss suffered by its partial or total destruction by fire." … This rule is clearly stated in Cooley's briefs on Insurance, Volume 7, page 6718, as follows: `It is a general rule that where the interest of a mortgagee is separately insured for his own benefit, and a loss occurs before

State v. Newsom

250 So. 3d 894 · Louisiana Court of Appeal · Sep 6, 2017

The State advised the trial court it desired to show that a qualified person had drawn Defendant's blood as required by La.R.S. 32:664. … In other words, the appellate court will give the trial court's determination great weight and will not set aside the trial court's ruling unless clearly mandated by a preponderance of the evidence.

Donald Hodge, Jr. v. Jared Oertling

Louisiana Court of Appeal · Apr 6, 2022

Campbell was qualified under La.Code Civ.P. art. 702, and the trial court should, therefore, deny the motion. The trial court disagreed. Mr. … The adverse party must then “produce factual support sufficient to establish the existence of a genuine issue of material fact or that the mover is not entitled to judgment as a matter of law.” Id.

Glasscock v. Board of Supervisors

174 So. 3d 757 · Louisiana Court of Appeal · Aug 19, 2015

Alternatively, plaintiff contends that if the jury concluded that the telemetry leads were on, it was nonetheless clearly wrong in failing to find negligence based on evidence that the tech monitoring the unit did not timely … Walter Simmons, was qualified as an expert in Public Health, Emergency Medicine and Errors & Omissions in the delivery of health care. *766 He reviewed the LSUHSC medical records regarding the treatment and care of Mr.

Simone B. Guillory v. Samuel S. Broussard, Jr.

Louisiana Court of Appeal · May 4, 2016

Gagnet’s testimony clearly established and buttressed a prima facie case that Mr. Broussard was being paid excessive compensation. … To the contrary, the corporate minutes and e-mails already in evidence clearly establish that Mr.

State v. Moore

16 La.App. 5 Cir. 644 · Louisiana Court of Appeal · Mar 15, 2017

The State simply responded that the evidence clearly fell under La. C.E. art. 412.2. … Mehta was qualified as an expert in child abuse pediatrics. . The CAC medical records and transcript of the interview conducted by Dr. Mehta, and to which she testified, were admitted into evidence. .

State of Louisiana v. Jim Van Nguyen

Louisiana Court of Appeal · Apr 2, 2008

Cosper and Farm Bureau, and therefore, it was necessary that Ba Nguyen Bui be qualified as natural tutor of the minor children and that Dung Thi Bui be appointed as undertutrix to represent the minors in the settlement. … The testimony clearly reflects that Phoung was present, in his car, only when the defendant fired the first shot, but was not present during the pursuit and ultimate gunning down of the victims.

In Re: Gary D. Scott

Louisiana Court of Appeal · Oct 7, 2015

Clearly, he could have been disciplined I guess for violation. … as provided in R.S. 33:2471 or 2531 may establish a plan for awarding incentive pay to classified employees.

Christopher Sims v. Liberty Mutual Insurance Co.

Louisiana Court of Appeal · Mar 2, 2005

“A district court’s decision to qualify an expert will not be overturned absent an abuse of discretion.” Id. The City cites Daubert v. … “It is well established that a loss of future earnings award is not merely based upon the difference between a plaintiff’s earnings before and after a disabling injury.