Case law
Opinions from 1658 to today.
8,141 results
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PROFESSIONAL FLUID SERVICES, LLC VERSUS NORSK BRONNSERVICE AS and NBS SOLUTIONS As
Louisiana Court of Appeal · Apr 25, 2018
No matter how clearly such penalty clauses are written, courts as a matter of public policy should decline to enforce an agreement which clearly is not one for true liquidated damages. … The term “the purchase and the sales price for all PFS Products at the date of cancellation of the Agreement” does not provide a time period to determine what qualifies as the purchase and
Cited 0 timesUnknownAlton Leon Fields, Sr. v. Lafayette Parish Consolidated Government
Louisiana Court of Appeal · Feb 12, 2014
that the finding is not clearly wrong (manifestly erroneous).” … In Igbinoghene, the plaintiff argued that ongoing settlement negotiations and extension of time granted to the defendant to file responsive pleadings qualified as good cause for failing to meet the ninety-day deadline for
Cited 0 timesUnknownProfessional Fluid Services, LLC v. Norsk Bronnservice As
Louisiana Court of Appeal · Apr 25, 2018
No matter how clearly such penalty clauses are written, courts as a matter of public policy should decline to enforce an agreement which clearly is not one for true liquidated damages. … The term “the purchase and the sales price for all PFS Products at the date of cancellation of the Agreement” does not provide a time period to determine what qualifies as the purchase and
Cited 0 timesUnknownKeisha Desselle v. Acadian Ambulance Service, Inc.
Louisiana Court of Appeal · Feb 1, 2012
Paragraph (A) establishes five initial requirements for certification, providing: A. … NUMEROSITY Generally, a class action is appropriate whenever interested parties appear to [be] so numerous that separate suits would unduly burden the courts, and a class action would clearly be more
Cited 0 timesUnknownState in the Interest of S. R.
Louisiana Court of Appeal · Apr 4, 2007
This court cannot second guess credibility determinations of the trial court which clearly believed M.S., not S.R. and his siblings. S.R.’s assignments of error are without merit. … It qualifies as a “written judgment of disposition,” which is required by La.Ch.Code art. 903.
Cited 0 timesUnknownLouisiana Court of Appeal · Sep 21, 2023
S. 23: 1121, an injured employee shall have the right to select one treating physician in any field or specialty, and she shall submit herself to an examination by a duly qualified medical practitioner provided and paid for … The record clearly establishes that Ms. Dubois had pre- existing chronic low back pain, as well as left hip pain, before the date of the alleged September 1, 2020 accident.9 At trial, Ms.
Cited 0 timesUnknownState of Louisiana in the Interest of: C.S. and A.S.
Louisiana Court of Appeal · Sep 4, 2019
Petty' s testimony as to ' what the reason was for the minor child being compliant" because she had not been qualified as an expert, the record before this Court does not reflect this testimony was ever presented to the … The two- part manifest error test considers: 1) whether there is a reasonable factual basis in the record for the finding of the trial court; and 2) whether the record further establishes that the finding is not
Cited 0 timesUnknownState of Louisiana v. Nicholas James Faciane -Aka- Nicholas Faciane
Louisiana Court of Appeal · Oct 24, 2018
Subsequently, after an evaluation by a neurologist, Defendant qualified for Social Security Disability. Additionally, Ms. … 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
Cited 0 timesUnknownState of Louisiana v. Joshua X. Griffin
Louisiana Court of Appeal · Apr 19, 2017
Moss could testify as to his opinion and inferences when rationally based on his perception, even if not qualified as an expert witness. … Despite being clearly overheard by Attorney Antoon and his assistant, Ms. Prewitt, when questioned by Attn.
Cited 0 timesUnknownState of Louisiana v. Wilson Locke, Jr.
Louisiana Court of Appeal · Mar 5, 2014
James Anderson was qualified as an expert witness in the field of psychiatry and forensic psychiatry. Dr. … Williams, and such a determination was clearly within the jury‟s discretion and reasonable in this case.
Cited 0 timesUnknownState of Louisiana v. Scott Allen Cooper
Louisiana Court of Appeal · Dec 20, 2023
Clearly, the court was not required to postpone ruling upon the motion until after voir dire. … Clearly, such polls are beneficial to defense counsel in determining whether to file a motion for change of venue.
Cited 0 timesUnknownState of Louisiana v. Kevin Narcisse
Louisiana Court of Appeal · Nov 19, 2008
Broussard said he clearly saw Defendant’s face when he leaned into the car to put a little more marijuana into the bag. … Defendant objected to the testimony regarding the .45 caliber casings, arguing that the detective was not qualified as an expert in firearms.
Cited 0 timesUnknownSmith v. Millers Mut. Ins. Co.
419 So. 2d 59 · Louisiana Court of Appeal · Aug 17, 1982
Considering all of the evidence in the record, we conclude that the trial court was not clearly wrong; in fact, the evidence establishes that the trial court was clearly correct. Arceneaux v. … These factual determinations by the trial court are supported by evidence, are not clearly wrong, and will not be disturbed.
Cited 22 timesPublishedIn Re: Medical Review Panel for the Claim of Chandra Marts
Louisiana Court of Appeal · Mar 27, 2024
This statute establishes the general rule that a victim of medical malpractice has one year from the date of the alleged malpractice to bring his claim for damages. … Rabito, 97-2221 (La. 7/8/98), 714 So.2d 1226 (finding that the filing of a lawsuit against a qualified healthcare provider prior to review by a medical review panel does not interrupt or suspend prescription.) 23-CA-347
Cited 0 timesUnknownLouisiana Court of Appeal · Oct 3, 2018
The majority’s position ignores the qualifier “except as provided by law.” … Albeit, one should consider the intent of the deceased as clearly expressed in his last will and testament, but the United States Supreme Court, in Boggs v.
Cited 0 timesUnknownYachet McLauren Versus Carmiko Dixon McLauren
Louisiana Court of Appeal · Oct 6, 2025
On November 4, 2020, Yachet filed a pleading requesting that a qualified appraiser be appointed to appraise the current value of the family home. … Yachet did not provide any objective evidence establishing the fair market rental value or that Carmiko had exclusive use of the family home, and if so, for how long.
Cited 0 timesUnknownLouisiana Court of Appeal · Aug 7, 2019
If evidence is introduced, the trial court' s findings of fact are reviewed under the manifest error - clearly wrong standard of review. … The record is devoid of anything to establish Mulkey had any source of information that would have alerted him of the harms of benzene exposure.
Cited 0 timesUnknownRegions Bank v. Carroll Kountz, Ken Sullivan and Bryant Kountz
Louisiana Court of Appeal · May 31, 2006
The court concluded that it was contrary to public policy as clearly and unambiguously expressed by our legislature by that statute as well as by La.R.S. 9:5628. … Thus, although the suit by Kountz may have interrupted prescription, it was not a demand as required by the policy language to qualify as a claim made within one year of the wrongful act.
Cited 0 timesUnknown804 So. 2d 141 · Louisiana Court of Appeal · Dec 5, 2001
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 … The evidence presented at trial regarding the specific intent to kill or cause great bodily harm is clearly sufficient to support a conviction of second degree murder in the case sub judice.
Cited 7 timesPublishedKevin O'Connor and Blair O'Connor v. the Grove Homeowners Association
Louisiana Court of Appeal · Apr 22, 2020
On August 31, 2018, Plaintiffs filed a petition for declaratory judgment seeking a judicial determination about the extent of the predial servitude established in 1976 which encumbers their property. … A qualified engineer licensed within the State of Louisiana must develop a plan to remove the abutments and submit to LCG for review and approval prior to the commencing with the required removal.
Cited 0 timesUnknown
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