Case law

Eric A. Lannon v. Pherian, LLC

Louisiana Court of Appeal · Jul 14, 2025

Lannon] met all of the requisite formalities to qualify for an award of a [d]efault [j]udgment under La. … Lannon “met all of the requisite formalities to qualify for an award of a [d]efault [j]udgment under La. C.C.P. art. 1702, including, but not limited to, establishing a prima facie case with competent evidence.”

LaForge v. LaForge

649 So. 2d 151 · Louisiana Court of Appeal · Jan 25, 1995

CHILD SUPPORT The child support guidelines are set forth in LSA-R.S. 9:315, et seq., and are to be used in any proceeding to establish or modify child support. … Each is qualified as a co-driver of the truck owned by both. The *154 couple drives for the company of Vernon Sawyer and the checks are written in the name of Mr. LaForge only. Mrs.

STATE, DEPT. OF TRANSP. & DEV. v. Schwegmann Westside Expressway, Inc.

669 So. 2d 1172 · Supreme Court of Louisiana · Mar 1, 1996

that the finding is clearly wrong (manifestly erroneous). … More importantly, Schwegmann Westside refers to the trial testimony of three witnesses who were qualified as experts in the development of shopping centers and retail centers.

Dordain v. Anthony Seafood & Lobster House

2003 La.App. 4 Cir. 0900 · Louisiana Court of Appeal · Nov 5, 2003

The decision of a trial judge to award penalties and attorney’s fees is a factual determination and should not be disturbed on appeal unless clearly wrong. Harris v. … As stated above, the jurisprudence has positively established that the loss of teeth in itself is sufficient to qualify for benefits under La. R.S. 23:1221(4)(p). Jenkins, supra; Berkel v.

Ardoin v. Mills

780 So. 2d 1265 · Louisiana Court of Appeal · Mar 8, 2001

Like the trial court, we find the statutory scheme clearly provides for the introduction of the opinion in this instance. … "Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence.

France v. East Central Bossier Fire Protection District No. 1

4 So. 3d 959 · Louisiana Court of Appeal · Feb 25, 2009

X, § 16 as follows: A system of classified fire and police civil service is created and established. … Unless the fundamental rights, privileges and immunities of a person are involved, there is a strong presumption that the Legislature in adopting a statute has acted within its constitutional powers.

Opinion Number

Louisiana Attorney General Reports · Mar 19, 2001

The use of Mifeprex is assumed to require the same preventive measures as those taken prior to and during surgical abortion to prevent rhesus immunization. … Pediatric Use Safety and effectiveness in pediatric patients have not been established.

State Ex Rel. Cyr v. Long

174 La. 169 · Supreme Court of Louisiana · Jan 22, 1932

But it is my deliberate conclusion that the law warrants and every material and moral interest of the state demand, that its courts should confine themselves to the business for which they were established and keep their … But if it is not a contested election matter, then it is clearly a matter of “removal from office.”

State v. Drew

360 So. 2d 500 · Supreme Court of Louisiana · May 22, 1978

Each of these three jurors clearly indicated that they could serve as a fair and impartial juror in the instant case. … In any event, we find that both witnesses were properly qualified as experts in their respective fields.

Lewis v. Friedman

District Court, E.D. Louisiana · Mar 18, 2025

Plaintiff seeks to estop certain defendants from asserting the defenses of absolute immunity, qualified immunity, and prescription. … Accordingly, even if this Court had authority to strike orders under Rule 12(f), which it does not, Plaintiff has failed to establish that any of the orders entered by the Magistrate Judges in this case were done so improperly

State v. Surratt

932 So. 2d 736 · Louisiana Court of Appeal · Jun 7, 2006

Julie Bergen, who also qualified as an expert in fingerprint identification, compared the prints of Surratt to those on the box lid. … Surratt contends that the evidence presented at trial clearly proves that the victims were killed in St. Landry Parish.

State v. Washington

597 So. 2d 1084 · Louisiana Court of Appeal · Apr 8, 1992

By virtue of that background, he more than adequately qualified as an expert for purposes of identifying the seized substance as cocaine. As shown by the record, defense counsel extensively cross-examined Mr. … This assignment clearly lacks merit.

Bond v. Texas & P. Ry. Co.

181 La. 763 · Supreme Court of Louisiana · Mar 4, 1935

Bond established a prima facie case, as far as ownership of the real estate in question was concerned. The record shows that on June 28,1887, Jacob Bodell, predecessor in title of Mrs. … In fact, it clearly appears that a great portion of the gin and the seed house were erected over the plaintiffs’ protest.

State of Louisiana in the Interest of H.J.

Louisiana Court of Appeal · Mar 4, 2020

Johnson would not qualify as a (foster) caregiver for H.J. Ms. … After review of this record, we conclude that the trial court clearly erred when it declined to adjudicate H.J. a child in need of care.

Regions Outdoor Advertising, LLC v. City of New Iberia, ET AL.

District Court, W.D. Louisiana · Mar 9, 2026

uncontradicted and unimpeached.”22 “Credibility determinations are not part of the summary judgment analysis.”23 Rule 56 “mandates the entry of summary judgment . . . against a party who fails to make a showing sufficient to establish … sued.27 Rule 17 of the Federal Rules of Civil Procedure provides that “[c]apacity to sue or be sued shall be determined . . . by the law of the state where the court is located.”28 Under Louisiana law, an entity must qualify

Garred Whotte v. International Paper Company

Louisiana Court of Appeal · Oct 21, 2015

tort immunity as a statutory employer has none of the required hallmarks justifying immunity. … The trial court correctly determined the presumption contained in La.R.S. 1061(A)(3) was applicable, and IPCO qualified as Mr.

Jackson v. Red River Parish School Bd.

954 So. 2d 818 · Louisiana Court of Appeal · Apr 4, 2007

LAW AND DISCUSSION Factual findings in a workers' compensation case are subject to the manifest error or clearly wrong standard of appellate review. Newsome v. … The record clearly supports the WCJ's factual finding that Jackson proved neither that she suffered an on-the-job accident nor that she suffered from an occupational disease.

Gisclair v. Louisiana Tax Commission

44 So. 3d 272 · Supreme Court of Louisiana · Sep 24, 2010

The terms “manufacturing establishment” and "addition” as used herein mean a new plant or establishment or an addition or additions to any existing plant or establishment which engages in the business of working raw materials … We note at the outset the cases plaintiff relies upon in his various briefs to the courts are clearly distinguishable. Hester v.

New Orleans Assets, L.L.C. v. Carl E. Woodward, L.L.C.

278 F. Supp. 2d 776 · District Court, E.D. Louisiana · Feb 13, 2003

Hearsay evidence and un-sworn documents do not qualify as competent opposing evidence. Martin v. John W. Stone Oil Distrib., Inc., 819 F.2d 547 , 549 (5th Cir.1987). … Moreover, NOA has provided evidence that the wall covering was acquired from OMNOVA distributors in Georgia, Ohio, and Tennessee. 2 While NOA’s injury clearly occurred in Louisiana, 3 OMNOVA fails to establish that: 1) NOA

Marsalis v. Marsalis

10 La.App. 3 Cir. 592 · Louisiana Court of Appeal · Dec 8, 2010

Unfortunately, the record clearly establishes that there is no home state for purposes of this child support proceeding. … The only evidence presented on the issue established that the move was intended to be permanent.