Case law
Opinions from 1658 to today.
8,141 results
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State of Louisiana Versus Errol Victor, Sr.
Louisiana Court of Appeal · May 26, 2016
Courts can also consider whether a witness has previously been qualified as an expert. Craig, supra. … Boles' credentials established her untruthfulness regarding the field of expertise in which defendant sought to have her qualified as an expert.
Cited 0 timesUnknownVermilion Hospital, Inc. v. John Patout
Louisiana Court of Appeal · Jun 8, 2005
Nothing in Vermilion’s petition suggests that it qualifies as a consumer of any services provided by these defendants. … Clearly, this would provide a reasonable basis for its refusal to accept Vermilion’s proposal. -9-
Cited 0 timesUnknownState of Louisiana v. David Ray Newsom
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.
Cited 0 timesUnknownLouisiana Court of Appeal · Apr 27, 2022
The City contended that plaintiffs' claims are barred by the discretionary immunity afforded the City pursuant to LSA-R.S. 9: 2798. 1, and thus sought judgment in its favor dismissing plaintiffs' claims as a matter of law.Following … Drennan' s testimony regarding the placement of the 48 -inch pipe was harmless, considering the other evidence in the record establishing that the pipe was not installed correctly. With respect to Mr.
Cited 0 timesUnknownLouisiana Court of Appeal · Jan 4, 2021
Purpera, individually and in his official capacity, filed an exception ofno cause of action based on legislative immunity. … Clearly, as recognized by Regan and the trial court, the proceedings against Mr. Peralta involved a public issue or an issue of public interest.
Cited 0 timesUnknownDevan Simpson v. Joshua Jagneaux
Louisiana Court of Appeal · Mar 12, 2025
Connie LeBlanc is a qualified parenting coordinator appointed by the trial court to work with the parents and the children. Due to the incident with Cole and Jon at Mr. … This argument fails in light of the evidence cited by the trial court and the evidence establishing he lied about having a college degree in civil engineering.
Cited 0 timesUnknownVirginia Peoples, Et Ux. v. Fred's Stores of Tennessee, Inc.
Louisiana Court of Appeal · Jun 2, 2010
erred in qualifying Mr. … Nevertheless, the trial court stated that because the “[e]vidence established that Mr.
Cited 0 timesUnknownKevin Cope and Roger Laine v. Board of Supervisors of Louisiana State University and A&M College
Louisiana Court of Appeal · Jul 31, 2025
Instead, according to TRSL, the only contributions made by plaintiffs ( to 5 The plaintiffs also sought declaratory judgment that the ORP does not meet the minimum requirements of a qualified Social Security retirement … It is not enough to show the statute' s constitutionality is fairly debatable; it must be shown clearly and convincingly that it was the constitutional aim to deny the legislature the power to enact the statute.
Cited 0 timesUnknownLouise Theresa Doty v. Goauto Insurance Company
Louisiana Court of Appeal · Jul 5, 2018
requisite mental anguish are established. … However, considering the jurisprudence establishing the threshold beyond which such elements of the requisite mental anguish are established, I would be unwilling to find that the trial court manifestly erred in its finding
Cited 0 timesUnknown3 La.App. 3 Cir. 791 · Louisiana Court of Appeal · Dec 23, 2003
Thus, in order to sustain an award of damages, the Carters must establish the requisite standard of care with regard to the diagnosis and treatment of gum disease; that Dr. … Bolton stated that the failure to do such charting would fall below the standard of care, however, he qualified this statement by stating that periodontal probing would not be required in the case of severe bone loss, which
Cited 0 timesPublishedMargie McGlothlin, Et Vir v. Christus St. Patrick Hospital
Louisiana Court of Appeal · Nov 17, 2010
The hospital’s medical records reflect clearly that Mrs. McGlothlin was consistent and immediate in her complaints about her treatment on both May 20 and May 28. … Louisiana Revised Statute 40:1299.47(G) establishes the sole duty of the medical review panel.
Cited 0 timesUnknownBeverly E. Ledet v. John J. Campo, Jr.
Louisiana Court of Appeal · Mar 6, 2013
The officer‟s action is justified, and he is entitled to a privilege of immunity, if he acted within the scope of his corporate authority and in the reasonable belief that his action was for the benefit … SAFECO‟s policy clearly excludes injuries arising out of the business pursuits of the insured. We find that there is no reasonable interpretation of the policy which would exclude the termination of Ms.
Cited 0 timesUnknownTarlton Bernard and Addison Provost v. Bfi Waste Services, LLC
Louisiana Court of Appeal · Jul 21, 2021
Clearly, the jury heard Dr. Sledge’s testimony that he last saw Mr. Bernard before he had reached maximum medical improvement and his opinion about Mr. Bernard’s work future was qualified accordingly. … Such an approach disregards well-established jurisprudence that clearly states that resort to prior awards is only appropriate after the facts relative to this plaintiff are thoroughly reviewed and “then only for the purpose
Cited 0 timesUnknownLouisiana Court of Appeal · Nov 30, 2022
Subsequently, Lehman “provided additional file correspondence and numerous other documents[,]” which Lehman alleged “clearly confirmed that Rogers had unjustly accused Lehman{[,]” and further established that despite not … Nevertheless, intentionally tortious actions, ostensibly performed for a client's benefit, will not shroud an attorney with immunity. Penalber v. Blount, 550 So.2d 577, 582 (La. 1989).
Cited 0 timesUnknownState of Louisiana Versus Emile Pierce
Louisiana Court of Appeal · Oct 31, 2022
Applying these principles, we evaluate whether defendant clearly and convincingly established that the sixty-six year minimum sentence required by the Habitual Offender Law was excessive under the facts and circumstances … The court found that the record and the jurisprudence supports the sentencing judge's conclusion that there were several factors which clearly and convincingly established Defendant was exceptional.
Cited 0 timesUnknownState of Louisiana v. Dillon James Merritt
Louisiana Court of Appeal · Mar 17, 2004
I think in my report uh, fairly clearly on 8-7 of 2001 impression reads – my impression is that [A.R.] is clearly a product of neglect and or abuse resulting in the left spiral tibial shaft fracture and a right … The record clearly establishes that there was sufficient evidence before the jury supporting its finding that the Defendant unjustifiably prolonged A.R.’s suffering by first not allowing her mother to care for her, by
Cited 0 timesUnknownCharles Smith and Jodenise Smith v. Stanley Ceasar, Jr., D/B/A Ceasar's Dump Truck Serv., Inc.
Louisiana Court of Appeal · Jun 26, 2024
“Where there are two permissive views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong.” Id. at 1007. … Smith’s work history, arguing the jury clearly believed he would work if he could.
Cited 0 timesUnknownState of Louisiana v. Center for Tech and Civic Life
Louisiana Court of Appeal · Mar 30, 2022
However, questions of law raised by the judgment are reviewed de novo, and the trial court’s factual findings are reviewed pursuant to the manifest error—clearly wrong standard of review. Minvielle v. … For a primary election, the assignment of voters shall be completed on or before the fifth business day prior to the opening of qualifying for the primary election.
Cited 0 timesUnknownLouisiana Court of Appeal · Dec 12, 2024
However, any operational obligations were clearly given to and accepted by Texas Brine. … to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person' s insolvency, ability to pay, immunity
Cited 0 timesUnknownVictoria Roach v. State of Louisiana, Dotd
Louisiana Court of Appeal · Sep 22, 2021
court, and (2) determine that the record establishes that the trial court’s finding is clearly wrong (manifestly erroneous). ld. … Roach does not qualify as a third person in her suit against DOTD. Nor does she qualify as a third person in the McVeys’ suit because DOTD identified her in its answer as one of the passengers involved in the accident.
Cited 0 timesUnknown
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