Case law

State v. Baldwin

388 So. 2d 664 · Supreme Court of Louisiana · May 19, 1980

District Attorney Parkerson was called to rebut an inference of immunity to witness Jones. The State did not know his presence was necessary until the immunity issue was raised, and he was not sequestered. … The record does not clearly show whether Baldwin was aware that he had left Ms. Peters to die a slow death.

State v. Morrow

440 So. 2d 98 · Supreme Court of Louisiana · Oct 17, 1983

The victim and the witness to the incident in the parking lot clearly testified that Burge alone performed the initial abduction. … The state argues that the facts establishing relator's lesser culpability were before the jury, but that argument underplays the role of advocacy.

McIlhenny Co. v. Bulliard

33 F.2d 978 · District Court, W.D. Louisiana · Jul 23, 1928

(4) Should the prayer of respondent to modify the decree of June 7, 1926, so as to *980 eliminate the qualifying words required thereby in the use of the phrase “Made from tabasco peppers,” be granted? … My conclusion is that the decree went no further than was necessary under the circumstances, and, since it was admittedly violated, the complainant is entitled to such profits and damages as it may have established. 2.

State in Interest of Ardoin

667 So. 2d 1144 · Louisiana Court of Appeal · Dec 20, 1995

Buxton's testimony does not affirmatively and clearly establish no reasonable expectation exists that D.A. will reform in the future. Moreover, the record contains positive testimony that D.A.' … We conclude the record does not establish clearly and convincingly that D.A. is presently unfit and no reasonable expectation of her future reformation exist.

Succession of Brown v. Brown

69 So. 3d 1211 · Louisiana Court of Appeal · Jun 29, 2011

The record clearly indicates that lüMrs. Huffman did not ñle a detailed descriptive list or inventory, nor did she post security prior to her appointment. On April 12, 2010, Mr. … This order is clearly contrary to the mandatory provisions of La.Code Civ.P. art. 3151. Also relevant to Mrs.

Williams v. Leonard Chabert Medical Center

744 So. 2d 206 · Louisiana Court of Appeal · Sep 26, 1999

Our review of the photographs indicates that the expansion joint was clearly visible, open and obvious. Although Ms. … Nothing in the analysis undertaken by the majority establishes that the trial court's finding, under the facts of this case, is clearly wrong, manifestly erroneous or lacking an evidentiary basis.

City of Eunice v. Carrier

821 So. 2d 3 · Louisiana Court of Appeal · May 1, 2002

There are three component parts to establishing a Section 1208.1 violation: (1) untruthfulness; (2) prejudice; and (3) notice. … ' depositions nor the medical records establish the proof necessary to support the employer's claim.

Baldwin v. CleanBlast, LLC

14 La.App. 3 Cir. 1026 · Louisiana Court of Appeal · Feb 4, 2015

determining the temporal element inherent in the substantiality requirement, an appropriate rule of thumb is that “[a] worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify … While the sandblasting/painting aspect of the plaintiffs services clearly were performed on the platform, the equipment for that job was located on, and, in fact, welded to the vessel.

Gilchrist Construction Co. v. State, Department of Transportation & Development

2013 La.App. 1 Cir. 2101 · Louisiana Court of Appeal · Mar 9, 2015

Experience alone is normally sufficient to qualify a witness as an expert. … Ivy should have been qualified as an expert in CPM scheduling. Hence, the trial court clearly abused its discretion in failing to allow Mr.

World Wide Street Preachers' Fellowship v. Town of Columbia

411 F. Supp. 2d 671 · District Court, W.D. Louisiana · Jan 25, 2006

If the moving party can meet the initial burden, the burden then shifts to the non-moving party to establish the existence of a genuine issue of material fact for trial. Norman v. … To qualify as a prevailing party the plaintiff must: (1) obtain actual relief, such as an enforceable judgment or a consent decree; (2) that materially alters the legal relationship between the parties; and (3) modifies the

Succession of Payne

524 So. 2d 803 · Louisiana Court of Appeal · Feb 3, 1988

ASSIGNMENT OF ERROR The appellants allege the court erred in invalidating a bequest which was intended to be, and qualifies as, a disposition in trust. … The testator has not established an order of succession, since he did not arrange for the property to leave Henry K. Payne's patrimony at his death and enter the patrimony of his granddaughters.

Guy v. ABC Insurance Co.

629 So. 2d 1350 · Louisiana Court of Appeal · Dec 16, 1993

In its reasons for judgment, the trial court stated that the City of New Orleans “had the burden of establishing that the search was connected to a lawful arrest.” … Appellants have never argued or presented evidence that a police officer acting within the scope of his duties is immune from liability for civil damages.

State v. Humphrey

412 So. 2d 507 · Supreme Court of Louisiana · Mar 12, 1982

In absence of qualifying provisions, the term intentional in the criminal code has reference to only general criminal intent. … The element of force or intimidation in a robbery (Arts. 64, 65) is not qualified by the word intentional as that word qualifies either the misdemeanor directly affecting the person in Art. 31 or the force or violence in

Price v. Houston Fire & Casualty Insurance Co.

155 So. 2d 213 · Louisiana Court of Appeal · Jul 15, 1963

Plaintiff introduced the testimony of two highly qualified experts. Dr. Nicholas J. … Long ago the courts firmly established the principle that the employer must take the worker as he finds him. Behan v. John B. Honor Co., 143 La. 348 , 78 So. 589 , L.R.A.1918F, 862.

Nethken v. Nethken

307 So. 2d 563 · Supreme Court of Louisiana · Jan 20, 1975

In our judgment such an attack is clearly collateral and impermissible in our laws. … Testimony also establishes that she has, at times, adopted highly emotional and irrational methods of disciplining her children.

Hunter v. Tensas Nursing Home

743 So. 2d 839 · Louisiana Court of Appeal · Oct 27, 1999

Hunter has not clearly addressed this issue in her appellate brief and seems to concede the applicability of a one-year prescriptive period. … R.S. 9:5628 does not contain a global statement declaring its application to all qualified health care providers under the Medical Malpractice Act.

Treadaway v. Progressive Northwestern Ins.

720 So. 2d 693 · Louisiana Court of Appeal · Sep 9, 1998

Under the above policy language, coverage is clearly excluded under the circumstances of this case. … The purpose of the exception established in §L is clearly to modify the other requirement of §B(2), the requirement that the insurance policy insure "any other person, as insured, using any such motor vehicle or motor vehicles

Ralph v. City of New Orleans

928 So. 2d 537 · Supreme Court of Louisiana · May 5, 2006

The City of New Orleans ("City") enacted local ordinances that acknowledge domestic partnerships and establish a Domestic Partnership Registry. … The spending of tax *539 money, no matter how minuscule the effect on the City budget, clearly affects the public fisc.

Bailey v. Donley

26 So. 3d 987 · Louisiana Court of Appeal · Dec 9, 2009

that the fact finder is clearly wrong or manifestly erroneous. … Donley was qualified to make the drug substitution. Dr.

Village of Varnado v. Varnado Volunteer Fire Department, Inc.

563 So. 2d 946 · Louisiana Court of Appeal · May 30, 1990

We believe that the trial court was not clearly wrong; accordingly, we affirm its judgment that the Village of Varnado failed to prove it was entitled to the funds at issue. … of the governing authority of the parish shall have qualified or certified such body as being eligible to receive the tax.