Case law

Warner v. USAA Gen. Indem. Ins. Co.

237 So. 3d 1241 · Louisiana Court of Appeal · Dec 29, 2017

that the fact finder is clearly wrong or manifestly erroneous. … However, in this appeal, appellants' did not specifically and clearly state what jury instructions they objected to and how the trial court erred in removing or changing the jury instructions. 13 Moreover, the record establishes

State v. Hamilton

249 La. 392 · Supreme Court of Louisiana · Jun 6, 1966

Defense counsel objected to the question and answer, contending that the question sought and the answer furnished an opinion of a witness not qualified as an expert which is contrary to R.S. 15:463. … A like objection was made to the introduction of a photograph of the deceased victim showing the body in such a position that the bloody wound was clearly visible.

State v. Snyder

942 So. 2d 484 · Supreme Court of Louisiana · Sep 6, 2006

Proof of repeated striking of African-Americans over a number of cases *488 was necessary to establish a violation of the Equal Protection Clause. … In Batson, 476 U.S. at 92-93 , 106 S.Ct. at 1721 , the Court called the Swain requirement "a crippling burden of proof" that had made prosecutors' peremptory challenges "largely immune from constitutional scrutiny."

Kenneth James Mouton v. Hebert's Superette, Inc.

Louisiana Court of Appeal · Dec 8, 2010

This discussion clearly establishes that the doctrines of judicial and prosecutorial immunity do not function as affirmative defenses because they contribute to the definition of a cause of action rather than exempting … In the present case, the law of obligations and negotiable instruments clearly creates a cause of action under the circumstances described by Mouton’s petitions, and the immunity created by 26 U.S.C. § 3403 can only function

Enterprise Products Co. v. Whitman

364 So. 2d 634 · Louisiana Court of Appeal · Jan 26, 1979

There the court held: "The provisions of our constitutional amendment clearly reveal, we think, an effort on the part of the Louisiana lawmakers to codify generally the jurisprudence of the Supreme Court of the United States … in the form of conditions under which the constitutional immunity of imports from local taxation will be recognized and enforced. . . ."

Louisiana Power & Light Co. v. McNamara

550 So. 2d 1345 · Louisiana Court of Appeal · Oct 11, 1989

An exemption from taxation is a privilege which must be clearly and unequivocally established. McNamara v. Electrode Corporation, 418 So.2d 652 (La. App. 1st Cir.), writ denied, 420 So.2d 986 (La.1982). … LP & L did not, on the record before the Board, clearly and unequivocally establish that the privilege of the statutory exemption to the additional sales tax should be applied to the contracts in question between LP & L and

Doneyl Taylor v. Eric Clark

Louisiana Court of Appeal · Jun 24, 2026

However, the state required a minimum $20,000 bank balance to qualify for Medicaid reimbursements, and Clark did not have this sum. … Such interpretation would clearly be invalid.

Smith v. Louisiana Dept. of Corrections

633 So. 2d 129 · Supreme Court of Louisiana · Feb 28, 1994

In a worker's compensation case, as in other cases, the appellate court's review is governed by the manifest error or clearly wrong standard. Freeman v. … Initially, we note it was not clearly established that the job at the Louisiana School for the Deaf would have paid plaintiff 90% of his pre-injury wages.

Nitro Gaming, Inc. v. DI Foods, Inc.

779 So. 2d 817 · Louisiana Court of Appeal · Nov 1, 2000

C.C.P. art. 76.1 to establish venue in Caddo Parish. In pertinent part, the general venue exception of La. … Moreover, the defendants' lack of awareness is insufficient to qualify as positive proof that Nitro performed no work under the contract in Caddo Parish.

State v. Farris

146 La. 523 · Supreme Court of Louisiana · Feb 2, 1920

According to this, accused was clearly the aggressor, and the evidence was not admissible to contradict that which was apparently admitted. Bill of Exceptions No. 3. … These affidavits tend to establish that the language charged was used and objected to.

Weber v. Caterpillar MacHinery Corp.

542 So. 2d 544 · Louisiana Court of Appeal · Mar 15, 1989

The jury returned a verdict establishing damages of $1,200,000 to the three survivors of Farrel Weber, Jr.; B.) That Caterpillar Tractor Inc. was responsible for 20% of these damages; C.) … Ernest Huval, an actuary called by plaintiff and qualified as an expert in actuarial science, calculated past and future wage losses from Bayou Steel at $60,632.00 and $475,511.00 respectively, plus an additional 10% for

Brandi Billeaudeau v. Opelousas General Hospital Authority

Louisiana Court of Appeal · Apr 18, 2018

(i111) A person who may be immune from suit because of immunity granted by statute. … Only when a Qualified Health Care Provider causes damage in excess of $500,000 does the Medical Malpractice Act damages cap apply. La. R.S. 40:1299.42(B)(1).

Boyd v. Boyd

647 So. 2d 414 · Louisiana Court of Appeal · Dec 7, 1994

Boyd presented the testimony of Dianne Phillips, a licensed professional counselor who was qualified as an expert in family counseling. … NOTES [1] The record in this proceeding does not clearly establish the dates pertaining to the criminal charges. [2] A negative inference may be drawn against a party to a civil case who asserts his Fifth Amendment privileges

National Bank of Commerce v. Board of Sup'rs

206 La. 913 · Supreme Court of Louisiana · Nov 6, 1944

They argue that such was clearly the intent of the Legislature. … The policy of the State relating to the creation of excessive debts and the levying of overburdensome taxes is clearly set out in the statute.

Bell v. Ayio

731 So. 2d 893 · Louisiana Court of Appeal · Nov 13, 1998

AYIO It is well established that a school board, through its agents and teachers, is responsible for reasonable supervision over students. … Moreover, since the amendment resulted in changing the amount of damages recoverable, the change was clearly substantive. Socorro v. City of New Orleans, 579 So.2d 931, 944 (La.1991).

Charpentier v. Lammico Ins. Co.

606 So. 2d 83 · Louisiana Court of Appeal · Oct 6, 1992

The plaintiff must first establish by a preponderance of the evidence that the doctor's treatment fell below the ordinary standard of care expected of physicians in his medical specialty, and must then establish a causal … When the alleged negligence of a specialist is at issue, only those qualified in that specialty may offer expert testimony and evidence of the applicable standard of care. Fox v.

State v. Anderson

842 So. 2d 1222 · Louisiana Court of Appeal · Apr 9, 2003

When the direct evidence is thus viewed, the facts 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 … Clearly, the abilities which he possessed not only qualified him for a GED program, but allowed him to perform satisfactorily in a work environment.

Britton v. HUSTMYRE

30 So. 3d 1183 · Louisiana Court of Appeal · Mar 26, 2010

Britton was unable to establish a "probability of success" as required by Article 971, and therefore his suit should be dismissed. … The article clearly states that as the director of Community Resource Services, Mr. Britton received the $100,000 government contract.

Meyer v. St. Paul-Mercury Indemnity Co.

61 So. 2d 901 · Louisiana Court of Appeal · Dec 15, 1952

We think that our Supreme Court clearly recognized this when, in Gerald v. … Katz is qualified to perform nasal as well as oral intubation in the rendering of anesthetic?"

State v. Hill

601 So. 2d 684 · Louisiana Court of Appeal · May 13, 1992

The defense presented no other testimony to establish its position. … The trial court failed to allow Barnes the latitude to fully develop the extent of the leniency/immunity deal between the state and his accuser and failed to require production of previous exculpatory and bias-reflecting