Case law

Dr. Clark Gunderson v. F. A. Richard & Associates, Inc.

Louisiana Court of Appeal · Feb 27, 2008

Where, as here, the claim asserted is provided for clearly in some legislation other than the WCA—in this case, La.R.S. 40:2203.1—there can be no question whether that claim “arises out of” the WCA; it does not, for it … The defendants claim that whether or not the various forms in which the defendants transmitted information regarding PPO discounts to healthcare providers qualify as “notice” under La.R.S. 40:2203.1 stands as an inherently

Richard's Clearview, LLC Versus Starr Surplus Lines Insurance Company

Louisiana Court of Appeal · Jun 5, 2024

Insurers must be qualified by the Louisiana Insurance Commissioner for the type of insurance it offers for sale. La. R.S. 22:12. … R.S. 22:442(A) as establishing the default venue in Louisiana for actions against surplus lines insurers while La.

State of Louisiana v. Brian Segura

Louisiana Court of Appeal · Dec 11, 2013

Upper-level Iberia Parish officials were clearly connected with the newspaper article. … The Goodson court clearly delineated degrees of taint for potential jurors.

Clark A. Gunderson, M.D. v. F. A. Richard & Associates, Inc.

Louisiana Court of Appeal · Feb 27, 2008

Where, as here, the claim asserted is provided for clearly in some legislation other than the WCA—in this case, La.R.S. 40:2203.1—there can be no question whether that claim “arises out of” the WCA; it does not, for it … The defendants claim that whether or not the various forms in which the defendants transmitted information regarding PPO discounts to healthcare providers qualify as “notice” under La.R.S. 40:2203.1 stands as an inherently

Beatrice Joseph v. Iberia Parish School District

Louisiana Court of Appeal · Nov 25, 2020

“[T]herefore, in order for a reviewing court to reverse an OWC judge’s factual findings, it must find that a reasonable factual basis does not exist and the record establishes that the factual findings are clearly wrong … Bernard was accepted as an expert in the field of orthopedic surgery, any opinion offered by him as to causation must be disregarded as he was not qualified as an expert in that area. Ms.

State of Louisiana v. Donasty Anwanique Cohen

Louisiana Court of Appeal · May 8, 2019

The court then stated the following: The evidence at trial clearly established the fact that an innocent baby died from abuse - severe abuse which took place over a period of several days. … clearly stated that she would follow the law as a juror.

State of Louisiana v. William A. McDonough

Louisiana Court of Appeal · Oct 27, 2023

After providing his credentials and being subjected to cross-examination by defense counsel, the district court qualified Dr. … McDonough contends that the State’s evidence did not establish that Mr.

Hubert Arvie v. Geico Casualty Company

Louisiana Court of Appeal · Sep 13, 2023

The trial court erred under the State and Federal Constitution by failing to recuse itself, given the allegations, exhibits, and record clearly show the court engaged in unlawful acts and ex parte communications. 2. … Arvie’s petitions establish that his UM claim against GEICO was still viable when he discharged Mr.

Richards Clearview City Center, LLC and Richard's Canal Street Property, LLC Versus Starr Surplus Lines Insurance Company

Louisiana Court of Appeal · Jun 5, 2024

Insurers must be qualified by the Louisiana Insurance Commissioner for the type of insurance it offers for sale. La. R.S. 22:12. … R.S. 22:442(A) as establishing the default venue in Louisiana for actions against surplus lines insurers while La.

Black Water Marsh, LLC v. Roger C. Ferriss Properties, Inc.

Louisiana Court of Appeal · Sep 6, 2017

While the lease didn’t specify which species of animals were to be hunted, the record establishes the actual use of the land under the lease. … Article 2712 allows for the trial court to have awarded Lavoi $93,000.00 for reimbursement of leasehold improvements added to the property as the amount he paid for the materials qualify as a loss he sustained due to the

Olinde v. 400 GROUP

686 So. 2d 883 · Louisiana Court of Appeal · Dec 6, 1996

Clearly the attitude shown by the shareholders contributed to the problems faced by Bryan and the Board. … Furthermore, the trial court's factual findings are not manifestly erroneous or clearly wrong, based on the entire record.

State of Louisiana Versus Shineda N. Taylor

Louisiana Court of Appeal · Apr 28, 2021

In the instant matter, we find that the State sufficiently proved that Defendant had the requisite criminal intent to commit the crime of unauthorized use of a motor vehicle where it clearly established that Defendant committed … However, Louisiana jurisprudence clearly establishes that consent may be limited and that any use of a motor vehicle surpassing the limited consent provided may constitute a violation of La. R.S. 14:68.4.

State of La in the Interest of E. R. S.

Louisiana Court of Appeal · May 14, 2014

The trial court’s decision to terminate parental rights will not be reversed by the appellate court unless it is manifestly erroneous or clearly wrong. … Christine Dugas, a licensed clinical social worker, was also qualified as an expert. She treated E.R.S. beginning in November 2011 through March 2013. Dugas testified that therapy ended with a positive outcome.

Cornelia E. Young v. Kevin Fitzpatrick

Louisiana Court of Appeal · Feb 4, 2004

Hammons qualified as an expert witness. … To perform its constitutional duty properly, an appellate court must determine whether the trial court’s conclusions were clearly wrong based on the evidence or clearly without evidentiary support.

Haynes Interests, LLC; COS Investment Group, LLC; Blue Bayou Water Park, LLC; Dixie Landin, LLC v. Garney Companies, Inc. d/b/a Garney Construction and the East Baton Rouge Sewerage Commission

Louisiana Court of Appeal · Feb 26, 2021

Thus, it is possible that the Commission, as the holder of a servitude from Haynes, could qualify as a" proprietor." However, La. C. … Importantly, the evidence on the motion established that when Mr.

Ebony S. Poole v. David Matthew Buys

Louisiana Court of Appeal · May 5, 2021

Buys pointed out that he was clearly the named insured on the Farm Bureau policy and was injured in an automobile accident caused by the fault of another while the tortfeasor, Ms. … Referencing its earlier jurisprudence, the supreme court remarked that the coverage mandated by La.R.S. 22:1295 “cannot be qualified by a requirement of relationship with an insured vehicle.”

State of Louisiana v. Navarri R. Henderson

Louisiana Court of Appeal · Dec 30, 2025

While the statements are not written evidence, the statement specifically to Investigator Benelli qualifies as a confession. Although we find that the trial court violated La. … In order to rebut that presumption, a defendant must clearly and convincingly prove that he is exceptional.

Clarence Smith v. Weeks Marine, Inc.

Louisiana Court of Appeal · Feb 3, 2010

To establish such unseaworthiness, a plaintiff must prove that the crew member was not “equal in disposition and seamanship to the ordinary men in the calling.” … Collins was 17 clearly disposed to fighting and making threats.

State v. Ross

2013 La.App. 4 Cir. 0500 · Louisiana Court of Appeal · Mar 26, 2014

NOPD Crime Lab Criminalist Brian Schultz, who was qualified as an expert in the field of chemistry and testing and analysis of narcotics, testified that he tested the substances in the two bags (identified as NOPD Item # … The State’s questioning of Detective Bastían on redirect examination — which gave rise to defense counsel’s disparate treatment complaint — was directed to rebutting the inference established by defense counsel’s questioning

State of Louisiana v. Donald E. Daniels, Jr.

Louisiana Court of Appeal · Nov 19, 2025

Alexis Harrison, a licensed master social worker, was qualified as an expert in forensic interviewing. … Generally, an excessive sentence claim is reviewed by examining whether the trial court adequately considered the guidelines established in La. C. Cr.