Case law

State v. Searcy

621 So. 2d 83 · Louisiana Court of Appeal · Jun 23, 1993

The test of the competency of an expert is his knowledge of the subject about which he is called upon to express an opinion, and before any witness can give evidence as an expert, his competency must have been established … expert is a question of fact to be determined within the sound discretion of the trial judge, and his rulings on the qualifications of experts will not be disturbed in the absence of manifest error, that is, unless they are clearly

In Re Vioxx Products Liability Litigation

501 F. Supp. 2d 789 · District Court, E.D. Louisiana · Sep 4, 2007

It gives a qualified immunity to communications that are created in preparation for litigation. … The status of the attorney in relation to the client (outside rather than in-house) establishes these facts by a prima facie standard.”). 13 . Paul R.

Rener v. State Farm Mut. Auto. Ins. Co.

99 La.App. 3 Cir. 1703 · Louisiana Court of Appeal · Apr 5, 2000

Clearly, Mr. Rener's assertions regarding John Doe's statements and actions are hearsay evidence. … Usually such evidence is inadmissible at trial, unless, among other exceptions, it qualifies under the exited utterance exception to the hearsay rule set forth in La.Code Evid. art. 803(2).

Wherland v. Fastabend

11 La.App. 3 Cir. 903 · Louisiana Court of Appeal · Feb 22, 2012

The Louisiana Medical Malpractice Act requires that all claims against qualified health care providers be instituted by filing a request for review with the Division of Administration. La.R.S. 40:1299.47. … The April 22, 2009 filing was clearly in excess of the fifty-three day limit. The plaintiffs argue in brief that they did not discover their claims for damages until sometime between Mrs.

Regional Transit Authority v. Kahn

99 La.App. 4 Cir. 2015 · Louisiana Court of Appeal · Aug 26, 1999

Thus, the RTA Board called and ordered a special election “for the purpose of submitting to all registered voters, qualified and entitled to vote at said election under the Constitution of the United States” a specific proposition … Thus, the first element for determining the right of the associations to intervene has been established.

State v. McCants

644 So. 2d 752 · Louisiana Court of Appeal · Oct 7, 1994

Defendant's requested special jury charge number one sought the following instruction: IMMUNITY OR REWARD 1. … In weighing the testimony of a witness who testifies under any promise of immunity or award, the jury must consider that such promise of immunity or award of itself is a strong impelling reason for the witness to color and

Edwards v. Alexander

960 So. 2d 336 · Louisiana Court of Appeal · Jun 6, 2007

finder's choice between them cannot be manifestly erroneous or clearly wrong. … clearly wrong.

State v. Butler

2011 La.App. 4 Cir. 0985 · Louisiana Court of Appeal · Oct 3, 2012

While this standard entitles the trial court’s determination to great weight, it will not shield, immunize, or insulate that ruling from an in-depth review. See State v. … Again, the threshold established for a finding of probable cause is neither high nor novel. See Beck v.

Johnson v. Templeton

99 La.App. 3 Cir. 1274 · Louisiana Court of Appeal · Mar 29, 2000

wrong based on the evidence, or clearly without evidentiary support. … The jury’s finding to the contrary was clearly wrong.

State ex rel. P.B.

154 So. 3d 806 · Louisiana Court of Appeal · Dec 17, 2014

Court observed that Brown had failed to establish a stable address because she kept moving back and forth between her husband and boyfriend. … Taylor was qualified as an expert in licensed professional counseling and registered play therapy.

JAG v. Schmaltz

95 La.App. 4 Cir. 2755 · Louisiana Court of Appeal · Oct 23, 1996

Usdin, qualified as an expert in psychiatry. Both Dr. Corwin and Dr. … Usdin, found his claim of memory suppression inconsistent with the research, while the two "better qualified" experts he presented testified more favorably.

Blanchard v. Mitchell

146 So. 2d 50 · Louisiana Court of Appeal · Aug 17, 1962

The pertinent facts have been established without controversion. … The wording of the Act clearly indicates that the books are closed for the registration of voters for a period of thirty days prior to any primary or general election.

Morgan v. City of Shreveport

71 So. 3d 1104 · Louisiana Court of Appeal · Jul 13, 2011

The statute clearly says that any incentive pay plan a civil service board sets up is in addition to any other salary. … The City has clearly shown that the classification suitably furthers an appropriate interest.

Cosmar Co. v. Slaughter

871 So. 2d 646 · Louisiana Court of Appeal · Apr 2, 2004

The Court accordingly concluded that “Vulcan failed to clearly, unequivocally and affirmatively establish that it was entitled to this exemption from sales/use tax.” Vulcan Foundry, Inc., 414 So.2d at 1198 . … It is well-settled that exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively established by the taxpayer. Johnson v.

Opinion Number

Louisiana Attorney General Reports · Sep 27, 1993

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally, and affirmatively established. Zapata Haynie Corp. v. Larpenter, 583 So.2d 867 (La.App. 1st Cir. 1991), Writ Denied. … Addressing the issue of exemption, this office has consistently held that in order to qualify for an exemption from ad valorem taxes under La. Const. Art.

City National Bank v. Knight

421 F. Supp. 1387 · District Court, M.D. Louisiana · Nov 5, 1976

In order to qualify for the loan, Knight was required to fill out a financial statement which, among other things, called for a listing of assets and debts of the applicant. … As in other civil matters, a bankruptcy referee’s findings of fact are to be upheld unless they are clearly erroneous. (Citations omitted.)

Detraz v. Banc One Securities Corp.

13 La.App. 3 Cir. 191 · Louisiana Court of Appeal · Oct 9, 2013

Otherwise, and unless the mov-ant establishes grounds for vacating, modifying or correcting the award, a trial court must confirm the arbitration award. Id. … In its award, the arbitration panel determined that: IfiThe claims clearly are erroneous.

State v. Hollingsworth

160 La. 26 · Supreme Court of Louisiana · Nov 30, 1925

facts as proven, which have not been proven;" but "when the purpose is to lead the mind of the witness to the subject of the inquiry, the examining counsel may recapitulate to the witness the acknowledged facts already established … Hence the bottles and their contents, when identified as having been sold by this defendant, were clearly admissible in evidence herein regardless of what their contents might be.

State v. White

244 La. 585 · Supreme Court of Louisiana · May 28, 1963

Such remarks had nothing whatever to do with the nature of the charge and clearly were not an outline of the evidence by which the state expected to prove it. … The objection made then, as well as these bills, is clearly without merit.

United Pentecostal Church International, Inc. v. Sanderson

391 So. 2d 1293 · Louisiana Court of Appeal · Oct 28, 1980

Plaintiffs allege that defendant, Sander-son, has been defrocked or declared to be no longer a minister of United and having lost his status as a minister of United is no longer qualified to be a minister of Apostolic. … which provides: “No law shall be enacted respecting an establishment of religion or prohibiting the free exercise thereof.”