Case law

Goudia v. Mann

11 La.App. 5 Cir. 960 · Louisiana Court of Appeal · May 22, 2012

A qualified nurse should be expected to recognize problems with certain statistics, such as blood pressure, respiration, and pulse, linwithout being given a written order. When Dr. Mann was told of Mr. … clearly wrong.

Osterland v. Gates

400 So. 2d 653 · Supreme Court of Louisiana · Jun 22, 1981

Her succession was opened and Alma Fey qualified as administratrix of the succession. … We are unable to say that this finding was clearly wrong.

State v. West

173 La. 974 · Supreme Court of Louisiana · Jan 4, 1932

However, as murder includes manslaughter, and as one accused of murder has an interest in showing that he is under seventeen years of age to establish the want of jurisdiction of the trial court, that is, the district court … However, following the objection urged by the defendant, the district attorney, as appears from the second excerpt quoted by us from his argument, as shown by the bill, clearly, we think, disabused the *307 minds of the jurors

Opinion Number

Louisiana Attorney General Reports · Feb 15, 2002

It is our opinion that the prior law of Louisiana Acts 1972, No. 34 , amending R.S. 13:1952 (18) was repealed by the subsequent law of Louisiana Acts 1980, No. 577 , amending R.S. 13:1872 (A) by providing clearly and unequivocally … The election of the justices of the peace and constables includes those qualified voters within the territorial limits of the jurisdiction of the justice of the peace court. R.S. 13:2582 (B) and 2583(B).

Hays v. Louisiana State Board of Elementary & Secondary Education

2004 La.App. 1 Cir. 1386 · Louisiana Court of Appeal · Jun 11, 2010

BESE clearly possesses the same authority regarding the special schools under its jurisdiction. … And that’s clearly not what, I think, 17:81.4 would require.

Moory v. Allstate Ins. Co.

906 So. 2d 474 · Louisiana Court of Appeal · Feb 11, 2005

It is well settled that a court of appeal may not set aside a jury's finding of fact in the absence of manifest error or unless it is clearly wrong. … that the jury's finding is clearly wrong.

Woodlands Development, L.L.C. v. Regions Bank

12 La.App. 5 Cir. 754 · Louisiana Court of Appeal · May 28, 2014

Regions was not a party to Woodlands’ and JPG’s purchase agreement, and that document only establishes the rights of Woodlands and JPG vis-a-vis one another. … Landry court concluded that “we do not interpret the supreme court’s decisions in Whitney, Jesco, and King to establish a rule of law that the Louisiana Credit Agreement Act renders a financial institution immune from any

State v. Vassel

285 So. 2d 221 · Supreme Court of Louisiana · Oct 29, 1973

Accordingly, we find an unbroken chain of custody was clearly established by these witnesses. Furthermore, the evidence was certainly relevant. R.S. 15:435. … A continuous chain of custody was clearly established, and there can be no doubt as to the relevancy of the pistol. Therefore, a proper foundation was laid for admitting the pistol into evidence.

Succession of Barbara Ann Crow

Louisiana Court of Appeal · May 22, 2024

administration of the succession, on the ex parte petition of all of the general and universal legatees, if each of them is either competent or is acting through a qualified legal representative, and each of them … finding is clearly wrong in light of the record reviewed in its entirety.

Frey v. Manhattan Life Ins. Co. of New York

182 La. 821 · Supreme Court of Louisiana · May 27, 1935

He said that disability was permanent, but on cross-examination .qualified his statement by saying that he was “not in position to say whether the man will be permanently disabled all his life, but at the present time he … Under the showing made by plaintiff, he is clearly entitled to recover the benefits provided for in the policy. Furthermore, he is entitled to penalties as required by Act No. 310 of 1910.

Bradley v. Morton Thiokol, Inc.

661 So. 2d 691 · Louisiana Court of Appeal · Sep 29, 1995

The "event" which qualifies as an accident can be and often is a forceful and readily identifiable occurrence which causes injury to the employee. Sparks v. Tulane Med. Ctr. Hosp. & Clinic, 546 So.2d 138 (La.1989). … It is well-established that a court of appeal may not set aside a trial court's findings of fact unless it is clearly wrong or manifestly erroneous. Arceneaux v.

State v. White

321 So. 2d 491 · Supreme Court of Louisiana · Nov 3, 1975

In the present case, moreover, the guilt of defendant was established by eyewitness testimony. In State v. … Townsend was qualified as a firearms expert and was accepted as such by the defendant and the court. LSA-R.S. 15:466.

State v. Terrell

175 La. 758 · Supreme Court of Louisiana · Jul 20, 1932

The finding by the trial court, involving, as it does, a question of fact, should not be disturbed, unless it is clearly against the weight of the evidence. State v. Porteau, 52 La. Ann. 476 , 26 So. 993 ; State v. … So doing, we have no hesitancy in holding that the statement was freely and voluntarily made, and made without promise of reward or immunity, or intimation of such.

Theriot v. Lanier

425 So. 2d 351 · Louisiana Court of Appeal · Dec 22, 1982

Co., 376 So.2d 113 (La.1979): “By raising the affirmative defense of arson, the insurer has the burden of establishing, by convincing proof, that the fire was of incendiary origin and that plaintiff was responsible for it … Officer Byrd, who qualified as an expert in tool mark analysis, was of the definite opinion that the hole in question was produced before or at least during the fire.

Lowe v. California Co.

296 F. Supp. 1264 · District Court, E.D. Louisiana · Feb 6, 1969

But before discussing these protective elements, it is first necessary to set forth the findings of fact — the framework for extricating liability out of this maze of immunities and indemnities. … Nor is there any basis for Labor Services to assert an implied contract of indemnity under the theory established in Ryan Stevedoring Co. v. Pan-Atlantic S. S. Corp., 350 U.S. 124 , 76 S.Ct. 232 , 100 L.Ed. 133 (1956).

Opinion Number

Louisiana Attorney General Reports · Sep 13, 2001

It is our opinion that the prior law of Louisiana Acts 1972, No. 34 , amending R.S. 13:1952 (18) was repealed by the subsequent law of Louisiana Acts 1980, No. 577 , amending R.S. 13:1872 (A) by providing clearly and unequivocally … The election of the justices of the peace and constables includes those qualified voters within the territorial limits of the jurisdiction of the justice of the peace court. R.S. 13:2582 (B) and 2583(B).

Gilcrease v. J.A. Jones Construction Co.

425 So. 2d 274 · Louisiana Court of Appeal · Dec 22, 1982

An odd lot claimant need not be absolutely helpless to qualify for total disability. … We therefore hold that the trial court was not clearly wrong in finding him totally and permanently disabled.

McCoy v. State Ex Rel. Jones

901 So. 2d 1109 · Louisiana Court of Appeal · Feb 17, 2005

The trial court concluded that the latter causes of action clearly fall within the definitional confines of the Prison Litigation Reform Act ("PLRA"), La. … The record clearly shows that McCoy was indeed given proper notice of the requisite evidentiary hearing.

State v. Huckabay

809 So. 2d 1093 · Louisiana Court of Appeal · Feb 6, 2002

Berry was not qualified to serve as a juror in this capital case, because of Mr. Berry's health problems. It cannot be said that the trial court clearly abused its discretion in arriving at this conclusion. … A factfinder's credibility decision should not be disturbed unless it is clearly contrary to the evidence. State v.

Thomisee v. Calcasieu Parish

District Court, W.D. Louisiana · Dec 20, 2024

Under Louisiana law, to possess such a capacity, an entity must qualify as a "juridical person." … To the extent she alleges a denial of medical care, plaintiff must provide facts to establish that each named defendant displayed a subjective intent to cause harm.