Case law

State v. Watts

2014 La.App. 1 Cir. 0429 · Louisiana Court of Appeal · Nov 21, 2014

The facts then 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 doubt that the defendant was … The kit was clearly identified by Trooper Biddy as one that he keeps in his police unit for such instances and, thus, was apparently “made available to” him by the Louisiana State Police.

Terrebonne v. B & J MARTIN, INC.

906 So. 2d 431 · Louisiana Court of Appeal · Oct 29, 2004

The reviewing court must review the record in its entirety to determine whether the trial court's finding was clearly wrong or manifestly erroneous. Stobart, 617 So.2d at 882 . … Kubelka is qualified to give that type of testimony, I just don't think it's going to add anything to the trial, and I will strike him for that reason.

Sampere v. City of New Orleans

166 La. 776 · Supreme Court of Louisiana · Jun 4, 1928

State Legislatures and city councils, who deal with the situation from a practical standpoint, are better qualified than the courts to determine the necessity, character and degree of regulation which these new and perplexing … conditions require; and their conclusions should not be disturbed by the courts unless clearly arbitrary and unreasonable.

Petetin v. His Creditors

51 La. Ann. 1660 · Supreme Court of Louisiana · May 29, 1899

Jules Petetin, having died, leaving minor children, issue of her marriage with Jules Petetin, he was appointed and qualified tutor, on September 19th, 1896. The revocatory action of H. & C. … This positive declaration of the Code clearly shows that even purely gratuitous contracts, those wholly without any consideration, come with the purview of this action.”

State v. Faciane

233 La. 1028 · Supreme Court of Louisiana · Nov 12, 1957

Clearly there is no merit to either of these bills. … Counsel has thus clearly failed to carry the burden of establishing the judge abused his discretion in this respect, and, further, that this abuse resulted in reversible error.

Doughty v. Insured Lloyds Insurance Co.

563 So. 2d 1233 · Louisiana Court of Appeal · Jun 26, 1990

At trial, plaintiffs put forth numerous witnesses on the issue of whether the wood planer was defective, as well as testimony to establish damages. … Having concluded that both plaintiffs were legally at fault in causing the death for which they now seek damages, we clearly reject any notion that they could recover wrongful death damages for the death of their son from

Pelitire v. Rinker

270 So. 3d 817 · Louisiana Court of Appeal · Apr 17, 2019

that she would be able to prove all of the necessary elements to establish her claim. … Next, the testimony of the parties establishes that Pelitire met Rinker prior to his employment with FELC.

State ex rel. Attorney General v. Jonas

27 La. 179 · Supreme Court of Louisiana · Feb 15, 1875

Construing all the sections together with a view to give effect, if possible, to every part of the law, we conclude that the government established when the charter went into operation, in. … The law clearly contemplated a vacancy and the beginning of a new term at the time it required .the council to elect a city attorney for a term of two years.

Opinion Number

Louisiana Attorney General Reports · Sep 29, 1998

A review of pertinent constitutional debates clearly establishes that legislative action was the sole intent of this provision. … However, any action taken by Kenner pursuant to Article X, § 15 must be established by legislation.

Gautreaux v. Rheem Mfg. Co.

96 La.App. 4 Cir. 2193 · Louisiana Court of Appeal · Dec 27, 1996

Thus, on this showing, it has not been established as a matter of law that asbestos must be considered an "oxygen compound" within the context for former Subsection (d). … The reference to oxygen, nitrogen, and carbon and their compounds in the context of potential sources of occupational disease compensable under a workers' compensation *979 scheme was clearly intended to be construed broadly

Belleville Historic Dev., LLC v. GCI CONST., INC.

807 So. 2d 335 · Louisiana Court of Appeal · Jan 16, 2002

DISCUSSION Appellant argues that the arbitration award is clearly a manifest disregard of the provisions of La. … The mere fact that the ultimate award to GCI was less than the dollar amount of the notice of lien does not establish a violation of 9:4833.

Nobile v. New Orleans Public Service, Inc.

419 So. 2d 35 · Louisiana Court of Appeal · Jul 30, 1982

The Court is of the opinion, however, that he has established losses in the amount of $27,894.07, and the Court will amend the Commissioner’s report accordingly.” … He was qualified by the court as an expert in economics. He testified at length in an attempt to demonstrate to the court the extent of the plaintiff’s economic losses resulting from the accident.

Wagoner v. Exxon Mobil Corp.

813 F. Supp. 2d 771 · District Court, E.D. Louisiana · Aug 24, 2011

Saux are qualified to parse epidemiological studies to provide an opinion on general causation. a. Whether Dr. Butler is qualified—Dr. … Clearly, this would undercut the reliability of the expert’s opinion. See Claar v. Burlington *803 N. R.R.

State v. Jones

15 La.App. 5 Cir. 500 · Louisiana Court of Appeal · Dec 23, 2015

The State responded that defendant’s indigent status does not make him immune to the requirements of the law. In support of its position, the State cited State ex rel. Olivieri v. … The burden of clearly establishing unconstitutionality-rests upon the party who attacks the statute. . State v. Hair, 00-2694 (La.5/15/01), 784 So.2d 1269, 1274 .

State v. Joseph

850 So. 2d 1049 · Louisiana Court of Appeal · Jun 27, 2003

And under our established precedent, the "automobile exception" has no separate exigency requirement. We made this clear in United States v. … Additionally, the evidence seized from the interior and trunk of the vehicle qualifies under the "automobile exception" to the prohibition against warrantless searches.

Pope v. Khalaileh

905 So. 2d 1149 · Louisiana Court of Appeal · Jun 1, 2005

However, contemporaneous oral agreements or understandings between parties, which are not made part of the written contract, do not qualify as an exception to the parol evidence rule. Bernard v. … Clearly, this statement is not evidence that the contract was modified by a subsequent verbal agreement.

State v. Schmidt

699 So. 2d 448 · Louisiana Court of Appeal · Jul 29, 1997

HIV is the virus which causes acquired immune deficiency syndrome (AIDS), for which there is currently no cure and which has routinely proved itself to be a fatal disease. … Gibbs's laboratory at Baylor College of Medicine is held in high esteem by the scientific community and is well qualified to perform the testing. His review of Dr.

Duncan v. DOW PIPELINE CO.

6 La.App. 3 Cir. 1455 · Louisiana Court of Appeal · Mar 7, 2007

The written contract between Dow and Cain clearly establishes a statutory relationship whereby Dow is the statutory employer of Cain's employees. … The record clearly indicates the existence of a contractual statutory employer relationship between Duncan and Dow, which Duncan failed to overcome.

Baugh v. PARISH GOV'T RISK MANAGEMENT AGENCY

715 So. 2d 645 · Louisiana Court of Appeal · Jun 24, 1998

In order for Angela to qualify as a dependant at her age, she must be a full-time student at an accredited college or university. … Law and Discussion A default judgment must be confirmed by proof sufficient to establish a prima facie case. La.C.C.P. Art. 1702.

Richard v. Teague

636 So. 2d 1160 · Louisiana Court of Appeal · May 4, 1994

Clearly, the "contract" agreed upon under the facts of this case does not establish a principal-independent contractor relationship. … Clearly, loss of enjoyment of life may be included within the category of general damages.