Case law

Joseph Matt v. Agro Distribution, LLC

Louisiana Court of Appeal · Jun 1, 2005

Steven Schutz, an agricultural consultant qualified as an expert, testified that the later tasseling date of 115 day corn allowed time for the ears to more fully develop. … A jury’s factual determinations are subject to the manifest error standard of review and will not be reversed unless clearly wrong. See Guillory v. Ins. Co. of North America, 96-1084 (La. 4/8/97), 692 So.2d 1029.

State of Louisiana v. Steve Duane Williams -Aka- Ayaz Sutaria

Louisiana Court of Appeal · Sep 28, 2016

Captain Larry Coutee, a thirty-eight year veteran with the Alexandria Police Department, was qualified as an expert in the field of distribution, packaging, and manufacturing of crack cocaine. … To rebut the presumption that a mandatory minimum sentence is constitutional, a defendant must clearly and convincingly show that: 19  [he] is exceptional,

Citgo Petroleum Corp. v. Yeargin, Inc.

690 So. 2d 154 · Louisiana Court of Appeal · Apr 9, 1997

Holston Well Serv., Inc., 488 So.2d 934 (La.1986) [1] , he felt that Citgo would qualify as the statutory employer of the claimants injured in the accident. … This is clearly an excess "other insurance" clause.

Justiss Oil Co. v. Oil Country Tubular Corp.

15 La.App. 3 Cir. 1148 · Louisiana Court of Appeal · Apr 5, 2017

The expert evidence clearly shows that Justiss was acting reasonably and within normal drilling procedures when it elected to cement the casing in place before learning the pipe was defective. … Defendants failed to establish that Justiss should have stopped sooner and that it failed to properly mitigate its losses. |28B.

Ralph Mayes v. Wausau Underwriters Ins. Co.

Louisiana Court of Appeal · Dec 12, 2012

The standard for granting a motion for summary judgment is now well established. … His opinion, according to Plaintiff, is based upon the examination of an exemplar chair taken from Chabill’s premises which contained clearly visible, i.e., not hidden, breaks in its welds.

State of Louisiana v. James Derek Person, II

Louisiana Court of Appeal · Sep 25, 2024

However, La.R.S. 15:438 does not establish a stricter standard of review on appeal than the rational juror’s reasonable doubt standard. … TILLMAN: That’s clearly a misstatement of law [be]cause obviously I cannot call a co-defendant.

Jan Alfred Langston v. Dr. Syed Fazal-Ur-Rehman

Louisiana Court of Appeal · Nov 27, 2019

Clearly, the bond required to be posted by the plaintiff under La.R.S. 40:1231.8(I)(2)(c) only covers the pre-suit costs of the medical review panel proceedings and is designed to allow a winning health care provider to … A panelist shall have absolute immunity from civil liability for all communications, findings, opinions 5 In Carter, a hearing was held on the defendant’s motion for a cost bond, but no testimony or

Denbury Onshore, LLC v. Jean Fontenot Pucheu

Louisiana Court of Appeal · Mar 11, 2009

A stipulation pour autrui is never presumed, and the intent to benefit a third party must be clearly manifested in the contract. Joseph v. Hosp. Serv. Dist. No. 2 of Parish of St. … Where business records are concerned, as in the present case, the courts have deemed La.C.C.P. art. 967 satisfied when the affiant is qualified to identify the business records as such.

Thibodeaux v. Parks Equipment Company

185 So. 2d 232 · Louisiana Court of Appeal · May 19, 1966

The intention of these provisions of the by-laws is clearly to allow the corporation to determine for itself what persons shall be officers and how they shall be chosen. … Shane was a member of the local carpenter's union and received the hourly rate of pay for foremen established by the union. When asked if Shane was a "key" man and "necessary", John D.

Uletom Hewitt v. City of Lafayette

Louisiana Court of Appeal · Apr 4, 2018

Based on the foregoing, the Court finds the defendants are entitled to Qualified Immunity as they acted with objective reasonableness in the actions taken with Mr. Hewitt and that Mr. … Instead, he was sent to an out-of-town facility in Baton Rouge to be examined by a less qualified expert than Dr. Latour.

State Farm Mutual Automobile Ins. Co. v. Norcold, Inc.

Louisiana Court of Appeal · Apr 4, 2012

Thus, liability was established “by the time the claim was reported to Chartis on April 14, 2009.” … Clearly, by November 2009, there were estimates of the building that exceeded the amount of State Farm‟s payment to the Semars.

State of Louisiana v. Mark Jaramillo

Louisiana Court of Appeal · Mar 7, 2007

The instant case is clearly distinguishable. … Because S.N. was 6 qualified to testify, it was up to the trier of fact to determine how “accurately” he testified.

State v. Warner

2013 La.App. 4 Cir. 0168 · Louisiana Court of Appeal · Mar 12, 2014

Criminalist Corey Hall, qualified as an expert in testing and analysis of controlled dangerous substances, tested four of the ten small bags containing brown powder and four of the eleven small bags containing the off-white … This court noted that evidence adduced as to each count was clearly distinct, thereby allowing the jury to segregate the offenses and the evidence as to them, and this court rejected the claim that the jury was confused by

State of Louisiana v. Russell J. Auguillard, Jr.

Louisiana Court of Appeal · Dec 10, 2008

With regard to the attempted manslaughter offense, J.R.’s testimony together with the photographs of her injuries clearly establishes the elements of the charged offense as well as the responsive offense, including specific … With regard to the forcible rape offense, J.R.’s testimony clearly establishes the elements of the charged offense as well as the responsive offense.

Marcus Miller v. Harold J. Thibeaux

Louisiana Court of Appeal · Jan 27, 2016

Miller sought to establish before trial the merits of his avowal action filed in connection with his wrongful death and survival action. … Miller adequately established paternity for purposes of his avowal action and wrongful death and survival claims. 2.

Cefus Jenkins v. Louisiana Department of Public Safety & Corrections

Louisiana Court of Appeal · May 13, 2022

established by DPSC. … In its written reasons, the district court acknowledged Jenkins was not qualified to be a certified tutor given his lack of the associate degree or higher required for that job assignment under Department Regulation No

State of Louisiana v. Shawn Shelton

Louisiana Court of Appeal · Sep 28, 2011

Credibility determinations are within the sound discretion of the 34 trier of fact and will not be disturbed unless clearly contrary to the evidence. State 35 v. … He was qualified as an expert 6 at trial in the field of forensic pathology. Dr.

Linda M. Snavely v. Ace Pain Management, LLC

Louisiana Court of Appeal · Dec 13, 2017

Rice was a qualified healthcare provider entitled to a medical review panel. … Defendants were clearly aware of the perceived problems with Ms.

Green v. K-Mart Corp.

2001 La.App. 3 Cir. 0675 · Louisiana Court of Appeal · Jun 18, 2003

K-Mart urges that Green should not have been awarded any special damages because causation was not established. … Clearly, prior to this accident, Green was an active person, who often held two jobs and had a very active social life.

Kennen Daniel v. Point to Point Directional Drilling, Inc.

Louisiana Court of Appeal · May 7, 2014

Clearly, an inadvertent and inconsequential false statement would not result in forfeiture of benefits. Resweber, 660 So.2d at 16. … Furthermore, he stated that he was not even aware that his mental injury qualified as a work-related injury. Brenda Guillot, the adjustor on this claim, first testified that Mr.