Case law

People for the Ethical Treatment of Animals v. Board of Supervisors of Louisiana State University and Thomas C. Galligan, Individually and in his capacity as President of Louisiana State University

Louisiana Court of Appeal · Sep 19, 2023

There was no intent on the part of the legislature to qualify, in any way, the right of access. … LSU qualifies as a " research facility" under the provisions of the Animal Welfare Act (AWA).

Beverly Lebouef v. Dr. Joseph O'Donnell

Louisiana Court of Appeal · Dec 12, 2012

LeBouef bore the burden of proof in establishing that prescription had not run when she joined Dr. O’Donnell to the litigation. Ms. LeBouef’s pleadings establish that her claim against Dr. … It is well settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong,” and where there is conflict in the

Dealer Services South, Inc. v. Martin Automotive Group, Inc.

Louisiana Court of Appeal · Nov 29, 2023

Robert Foley Foley, a forensic document examiner for over fifty years, was qualified as an expert in forensic document examination. … The trial court clearly found that testimony credible, and we cannot say it erred.

State v. Franklin

956 So. 2d 823 · Louisiana Court of Appeal · Jun 14, 2007

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … P. art. 895.1(A) clearly required the trial court to order the payment of restitution as a condition of probation where the victim(s) have suffered any direct loss of actual cash, etc.

State ex rel. A.A.

261 So. 3d 124 · Louisiana Court of Appeal · Nov 14, 2018

The father refused to be screened to ascertain whether or not he qualified for legal representation by the indigent defender board. … You know, I want to establish a relationship with my children as well."

State ex rel. A.A.

261 So. 3d 124 · Louisiana Court of Appeal · Nov 14, 2018

The father refused to be screened to ascertain whether or not he qualified for legal representation by the indigent defender board. … You know, I want to establish a relationship with my children as well."

U.S. Bank National Association as Trustee for RFMSI 2005S7 v. Walter C. Dumas

Louisiana Court of Appeal · Apr 3, 2023

Where business records are concerned, the courts have deemed Article 967 satisfied when the affiant is qualified to identify the business records as such. Durand, 306 So. 3d at 442. … Having concluded that the March 26, 2012 physically filed petition and the motion for summary judgment are enforcing the same promissory note, the March 26, 2012 petition clearly interrupted the five-year prescriptive

Matthew M. Walker v. the Manitowoc Company, Inc.

Louisiana Court of Appeal · Oct 10, 2018

The record evidence establishes that a suspended load is a free- floating object that is held aloft by a crane. … Service Bulletin 90 advised distributors that loose cap screws could cause damage to the clutch assembly and requested that all model 888 cranes equipped with freefall be inspected by a Manitowoc qualified service technician

State v. Allen

800 So. 2d 378 · Louisiana Court of Appeal · Oct 17, 2001

Oliver established that defendant was not the person depicted in either one of *384 the photos that Mr. Oliver had selected. Antoine Thompson was one of them. … Under the facts and circumstances of the instant case, the trial court clearly abused its discretion in conducting voir dire until 3:00 a.m.

State v. Duhon

270 So. 3d 597 · Louisiana Court of Appeal · Dec 28, 2018

So, that's just a misstatement because that was clearly addressed. Thereafter, the trial court ruled on the issue as follows, "[a]dditionally, the waiver of the jury trial, that was placed on the record. … not for the purpose of proving or establishing some fact at trial-they are not testimonial.

Thomas Lemelle v. St. Charles Gaming Company, Inc.

Louisiana Court of Appeal · Jan 4, 2012

Notably, both a panel of the United States Court of Appeals, Fifth Circuit and a panel of this court have concluded that the Crown does not qualify as a vessel as interpreted in Stewart. … Such a result is clearly not what the Supreme Court intended. Id. at 1311-12 (citation omitted). I also note the thoughts of David Robertson, the W.

Aubrey Alexandra Denton v. St. Landry Bank and Trust Co.

Louisiana Court of Appeal · Dec 23, 2020

Landry Bank’s Peremptory Exception of Res Judicata based on the confirmed Chapter 11 Plan prepared and filed by Butch Denton.1 The record establishes Butch Denton’s Chapter 11 Plan was confirmed by the Bankruptcy Court … We disagree and find the Chapter 11 Plan clearly provides that the parties are not extinguishing the original obligation owed by Butch Denton to St. Landry Bank, but are acknowledging said obligation. St.

Carl C. Brown, Jr. v. Kabco Builders, Inc.

Louisiana Court of Appeal · Jun 5, 2019

“Manifest disregard of the law” is an error by the arbitrator that is “obvious and capable of being readily and instantly perceived by an average person qualified to serve as an arbitrator.” … Therefore, Bolton has not established that it was denied a fundamentally fair hearing before the arbitrator.

Susan Arnaud, Et Vir. v. Ronald Dies

Louisiana Court of Appeal · Dec 7, 2016

a prima facie showing of the essential elements of defamation, recovery may be precluded if the defendant shows either that the statement was true, or that it was protected by a privilege, absolute or qualified … We find that the record before us clearly establishes that the first reason, and not the second, was the basis used to remove the business from the rotation list. Mr.

State v. Jenkins

267 So. 3d 1178 · Louisiana Court of Appeal · Apr 3, 2019

McElrath was qualified as an expert in the field of firearms identification. Mr. … Contrarily, the State argues it did not improperly illicit prior bad acts evidence and had legitimate reasons to establish Mr. Bryant's non-cooperation at trial.

Virginia Anne Gerace Benoist v. Jackson National Life Insurance Company, Norma Ford Gerace, and Mary Kathryn Gerace Carleton

Louisiana Court of Appeal · Nov 15, 2022

establishes that the fact finder is manifestly erroneous or clearly wrong. … hearing, a financial institution, a healthcare provider, or any other person to provide the financial, medical, or other information of any defendant to the action; ( 3) appoint a qualified

Dione W. David v. Richard G. David

Louisiana Court of Appeal · Apr 10, 2013

We will not disturb the trial court’s allocation of the camp to Dione, as it clearly conforms to La.R.S. 9:2801(A)(4)(c). … This was clearly a word processing error in the final judgment, as the paragraph and language are identical and appear to have been ―pasted‖ in twice.

State v. Carter

257 So. 3d 776 · Louisiana Court of Appeal · Oct 10, 2018

Kaynor does not meet the criteria outlined in *793 La.C.E. art. 804(B)(2) to qualify as a dying declaration. … However, Morgan clearly held that a juvenile may not be sentenced, on a single count, to an "effective life sentence" for a non-homicide offense.

State of Louisiana v. Clevance Cormier, Jr

Louisiana Court of Appeal · Mar 21, 2018

Lande claims C.M.’s description of what she saw on television was not sufficient to establish lewd or lascivious pornographic material. … The first circuit upheld the sentences, finding the record contained an adequate factual basis for the sentence imposed: The record clearly established an adequate factual basis for the sentences imposed.

In Re: Bruce Carlton Anderson

Louisiana Court of Appeal · Apr 3, 2024

Thus, the trial court’s judgment will not be set aside in the absence of manifest error or unless it is clearly wrong.” Id. See also Stobart v. … Anderson, as clearly evidenced by the above-mentioned writs to this court. We, 11 As a result, the hearing on Mr.