Case law

Jennifer Diane Nunez v. Pinnacle Homes, LLC

Louisiana Court of Appeal · Apr 2, 2014

An appellate court cannot set aside the trial court’s factual findings unless it determines there is no reasonable factual basis for the findings and the findings are clearly wrong. Stobart v. … remarked that, since an LLC is a juridical person, “it follows that if the reason a member is engaged in the conduct at issue is to satisfy a contractual obligation of the LLC, then the member should be more likely to qualify

Karlin Riley Versus Rachel Lee Hollander, John D. Hollander, and Metropolitan Property and Casualty Insurance Company

Louisiana Court of Appeal · May 28, 2020

Kevin Morrow, who examined plaintiff in 2017, was qualified as an expert in the field of neurosurgery. … Based on our review of the record, we cannot say that the jury was clearly wrong in finding that plaintiff was not injured as a result of the accident.

State v. Brown

702 So. 2d 744 · Louisiana Court of Appeal · Sep 24, 1997

This Article does not affect the right to challenge for cause, a juror who is not qualified to serve. A defendant making such a motion bears a heavy burden of establishing grounds to quash the venire. State v. … Ziegler whether he would want someone on his jury like himself, and the record clearly reflects that this juror expressed doubts about his ability to sit in judgment and fairly review the state's case.

Cynthia Bennett v. Samantha Brown

Louisiana Court of Appeal · Dec 21, 2016

In turn, if the adverse party does not produce sufficient factual support to establish that he or she will be able to satisfy his or her evidentiary burden of proof at trial, there is no genuine issue of … The argument has no merit, as the policy clearly does not provide coverage for the payment of medical expenses to persons sustaining “bodily injury” resulting from the use of an auto. There is no question that Ms.

State v. Juniors

918 So. 2d 1137 · Louisiana Court of Appeal · Dec 30, 2005

On January 30, 1998, two capital-qualified attorneys enrolled as counsel for Defendant. Various pre-trial filings were dealt with throughout 1998 and 1999. … Clearly, the Fifteenth Judicial District had the authority to try Defendant's noncapital felony prosecution, a proceeding that originated in the Fortieth Judicial District but was transferred pursuant to the Code of Criminal

Wolfe Washauer Construction, LLC v. Felicia Dart

Louisiana Court of Appeal · Dec 4, 2023

that the fact finder is clearly wrong or manifestly erroneous. … When the owner fails to establish the cost of correcting any detects, she may not recover therefor. Garcia Roofing_Rel2lacement, LLC, 352 So. 3d at 1011.

Dennis Proshee v. Shree, Inc. D/B/A Southerner Motel

Louisiana Court of Appeal · Feb 2, 2005

This exclusion applies to all individuals or entities qualifying as an insured under Section II – Who Is An Insured, including any and all Additional Insureds.” … The exclusion clearly extends to “the failure of any insured or anyone else for whom any insured is or could be held legally liable to prevent or suppress any assault or battery.”

Thalia Renfro v. Burlington Northern Santa Fe Rr

Louisiana Court of Appeal · May 11, 2016

Passive warning devices are signs that warn motorists that they are approaching a railroad crossing, but do not warn motorists that a train is approaching. 2 discretionary immunity … Therefore, an appellate court should only disturb the trier of fact’s allocation of fault when it is clearly wrong or manifestly erroneous.

Jasmine Jones v. Progressive Security Insurance Company

Louisiana Court of Appeal · Dec 29, 2016

Our review of his curriculum vitae and his testimony regarding his qualifications as an expert in orthopedics and spine surgery leads us to conclude that he is clearly qualified in his field of expertise. … Williams replied: “We felt [it was] somewhat surprising because you can clearly see she has an abnormality at 4-5.

Nucor Steel Louisiana, LLC Versus St. James Parish School Board and Neshelle Nogess in Her Capacity as Tax Administrator of St. James Parish Tax Agency

Louisiana Court of Appeal · Nov 5, 2021

Qualifying entities will be issued a direct pay permit to provide to their suppliers instead of paying sales tax on authorized purchases or leases. 3 The last “Agreement to Suspend Prescription of Taxes” suspended the running … The appeal record clearly shows that the Collector was continuously and regularly investigating and re-evaluating the refund claim at the time by which it now contends the appellant should have filed an appeal, and that

Toby P. Armentor v. Safeway Insurance Company

Louisiana Court of Appeal · Dec 19, 2007

subject accident had limits of $10,000.00/$20,000.00. 2  A trial court’s findings of fact will not be disturbed unless they are manifestly erroneous or clearly … Thomas Montgomery, the only physician qualified to opine whether Armentor will need surgery in the future, testified that Armentor was not a surgical candidate when he last saw him in February of 2005. Dr.

Robin Oldenburg, wife of/and Gair Oldenburg v. Mohamed Elkersh, M.D. and Advanced Pain Institute Treatment Center, LLC and its employees, agent and/or staff

Louisiana Court of Appeal · Jul 2, 2024

Elkersh is a qualified health care provider under the Louisiana Medical Malpractice Act. A medical review panel ( MRP) was convened, and on April 13, 2015 rendered its opinion. … He noted that the medication is shortening Robin' s lifespan and weakening her immune system and that " the cure" is part of the complex pain syndrome from which Robin suffers.

Wanda Anderson v. Guzzino Commercial, LLC.

Louisiana Court of Appeal · Nov 20, 2024

The evidence established liability under La. C.C. arts. 667-668. … To establish she experienced a loss of enjoyment of life, a plaintiff must establish the nature and severity of her injury and how the injury affected her prior lifestyle. Id.

Joshua L. Adams v. Union Pacific Railroad Company

Louisiana Court of Appeal · May 29, 2019

The Special Master “recommend[ed] that the District Court find that causation for her complaints and damages has been established” and recommended that the trial court award Ms. … Carriere does not qualify for “by-stander” recovery under La.Civ.Code art. 2315.6, and that the award is erroneous. Louisiana Civil Code Article 2315.6 provides, in pertinent part, as follows: A.

State v. Brown

874 So. 2d 318 · Louisiana Court of Appeal · May 12, 2004

The article simply and clearly states that the trial judge shall be recused when he has been employed as an attorney in the cause. … Without a qualifying instruction given to the jury [4] it cannot be said the jury did not confuse the facts of the two crimes.

See v. Entergy Corp.

9 La.App. 3 Cir. 535 · Louisiana Court of Appeal · Nov 4, 2009

The heavy duty placed by Louisiana law on following motorists clearly supports the jury’s finding and renders a JNOV inappropriate in this case. … The award of $45,000.00 set by the trial court on JNOV is, in our view, similarly too low — such that it is enough to qualify as an abuse of discretion.

State of Louisiana v. Damon Broussard

Louisiana Court of Appeal · Mar 13, 2019

Louisiana Code of Criminal Procedure Article 580(A) (emphasis added) further provides: When a defendant files a motion to quash or other preliminary plea, the running of the periods of limitation established by Article 578 … As the caselaw clearly reflects, it is only the commencement of trial, prior to either the trial court’s ruling on the motion on its merits or the trial court’s ruling accepting a declaration of abandonment, waiver, or withdrawal

State of Louisiana v. Marvin Watson

Louisiana Court of Appeal · Oct 18, 2023

In this case, the jury clearly chose to believe the evidence and testimony that contradicted Mr. Watson’s claim of self-defense. … with only 43% of the jurors polled having heard something about the case and only 11% being removed for having formed an opinion about Magee’s guilt, the supreme court found that the large jury pool prevented a dearth of qualified

Brittany Nicole Sharp v. Joshua Malone Jordan

Louisiana Court of Appeal · Sep 20, 2024

It is well- settled that an appellate court cannot set aside a trial court' s findings of fact in the absence of rol manifest error or unless those findings are clearly wrong … R.S. 9: 358. 1 states: 10  Parenting coordination is a child -focused alternative dispute resolution process in which a duly qualified parenting coordinator

Alisa Simon v. State Farm Mutual Automobile Insurance Company

Louisiana Court of Appeal · Jun 9, 2010

If you go in and say my back hurts there’s a qualified doctor there that will do something. … Plaintiff’s witnesses believe she may only be able to qualify for minimum wage employment.