Case law

State v. Wilson

938 So. 2d 1111 · Louisiana Court of Appeal · Aug 23, 2006

After voir dire of 8 death penalty-qualified panels and 4 general panels, the court assembled the remaining qualified *1122 prospective jurors in another courtroom and began selection of 12 jurors and 2 alternates. … Maxile were pretextual is clearly wrong.

Vining v. State Farm Life Ins. Co.

409 So. 2d 1306 · Louisiana Court of Appeal · Jan 25, 1982

It does not qualify as a computer record and is not an exception to the hearsay rule as any other type of business record because the following foundation is required as a pre-requisite to the admissibility of ordinary business … The evidence offered to prove such notice was clearly inadmissible hearsay in that defendant's computer records are inadmissible in the instant case because a proper foundation was not laid to establish their trustworthiness

Prince v. K-Mart Corp.

815 So. 2d 245 · Louisiana Court of Appeal · Mar 26, 2002

In that motion, they attempted to produce another affidavit in order to qualify Lipp as an expert and thus to raise a disputed issue of material fact on the issue of liability. … The judgment was not clearly contrary to the law and the evidence and the new information was not newly discovered evidence that could not have been discovered or obtained with due diligence beforehand.

State v. Welcome

458 So. 2d 1235 · Supreme Court of Louisiana · Jun 14, 1984

However, the significant time lapse between the initial scuffle and the shooting of the aunt's friend (for which the jury recommended life) clearly qualifies this offense as first degree murder. … Under these circumstances, the second killing also clearly qualifies as first degree murder. [16] The sentencing recommendations clearly indicate that the jury perceived a distinction *1255 between the two killings.

Cangelosi v. Edwards

District Court, E.D. Louisiana · Nov 3, 2020

nose and mouth when inside a commercial establishment or any other building or space open to the public, whether indoor or outdoor.” (Rec. Doc. 17-2, Exhibit 1 at 3 § 4(A)). … In order to satisfy this burden at the pleading stage the plaintiff must clearly allege facts to satisfy each element of Article III standing. Id. (quoting Warth, 422 U.S. at 518).

Mossy Motors v. Sewerage and Water Bd.

753 So. 2d 269 · Louisiana Court of Appeal · May 12, 1999

William Legier, Mossy's accounting expert, qualified that the financial impact to Mossy was over six million dollars. … Qualified salesmen were lost to other businesses from lack of sufficient business to warrant their employ.

Grant v. Allstate Insurance Co.

96 La.App. 3 Cir. 1028 · Louisiana Court of Appeal · Feb 12, 1997

court, and (2) the appellate court must farther determine that the record establishes that the finding is clearly wrong (manifestly erroneous). … It must review the record in its entirety to determine whether the trial court’s findings were clearly wrong or manifestly erroneous. Id.

Ree Corporation v. Shaffer

246 So. 2d 313 · Louisiana Court of Appeal · Jun 16, 1971

We also note that defendants introduced documentary evidence to establish their claim to a one-third interest in the property, not to establish their title herein, but to show their right to possession as owners and the extent … Stinson, above, clearly holds that a co-owner has the right to use of all property held jointly, provided such use is in accord with the purpose for which the property is destined.

Spurs v. United States

424 F. Supp. 977 · District Court, W.D. Louisiana · Jan 12, 1977

Regarding the first argument: there are two other grocery stores within four blocks of plaintiff’s establishment which are approved and do accept food stamps; they stay open twelve hours a day (slightly less convenient than … , or continues to qualify, for approval under the provisions of this chapter or the regulations issued pursuant to this chapter.

Levy v. Ward

32 La. Ann. 784 · Supreme Court of Louisiana · Jun 15, 1880

The question as to which of the two was canceled and which remained in force is not clearly-stated in the record. … The view we have taken establishes that the contract was, in no sense, simulated.

Moss v. Formosa Plastics Corp.

99 F. Supp. 2d 737 · District Court, M.D. Louisiana · Jun 1, 2000

An employee who asks for FMLA leave and who is otherwise qualified, may take up to twelve weeks of unpaid leave. … Clearly, some employees may not be able to return to work at the conclusion of their leave due to their family or medical situation.

Gotte v. Magnum Elec. Co., Inc.

628 So. 2d 1168 · Louisiana Court of Appeal · Dec 8, 1993

To qualify for supplemental earnings benefits (SEB), a claimant must prove by a preponderance of the evidence that a work-related injury resulted in his inability to earn wages equal to 90% or more of his wages at the time … Clearly, we find that the physical therapy constituted related medical treatment for which Magnum and Cigna are liable.

Cenac v. Public Access Water Rights Ass'n

851 So. 2d 1006 · Supreme Court of Louisiana · Jun 27, 2003

If they are equivocal, or do not clearly and plainly indicate his intention to permanently abandon the property to the public, they are not sufficient to establish a dedication. … are clearly wrong in light of the record reviewed in its entirety.

King Cold Storage Warehouse, Inc. v. City of New Orleans

522 So. 2d 169 · Louisiana Court of Appeal · Mar 10, 1988

LSA-R.S. 38:2216(C)(2)(a) provides: For purposes of this Subsection, "responsible bidder" shall mean a contractor or subcontractor who has an established business and who has demonstrated the capability to provide goods and … Clearly, their knowledge and experience of 17 years qualify them as a responsible contractor pursuant to this subsection of the statute.

Kirby v. Langston's Furniture & Appliance

631 So. 2d 1301 · Louisiana Court of Appeal · Jan 27, 1994

While he had never operated the mower in question, had never designed a mower or a mower part to obtain a patent, and had never testified in a lawnmower case, he was qualified by the trial court to give opinion evidence as … Because Ryan's testimony is insufficient to establish a defective design or to establish causation, even when viewed in the light most favorable to plaintiff, it does not support the jury's finding of liability.

Bronel Hebert v. Quinten Adcock

Louisiana Court of Appeal · Feb 2, 2011

(4) The Trial Court erred When It Denied the Officers’ “Good Faith” Immunity. (5) The Trial Court erred When It Denied the Officers’ Defense of “Warrant Immunity. … DISCUSSION Standard of Review It is well settled that a court of appeal will ordinarily not set aside a trial court’s finding of fact unless it is clearly wrong. Arceneaux v.

State v. Billiot

672 So. 2d 361 · Louisiana Court of Appeal · Apr 4, 1996

Seiffert was not qualified as an expert witness in accident reconstruction, the trial court erred in allowing his opinion testimony in this matter. Although Sgt. … Clearly, the trial court correctly overruled defense counsel's objection to this testimony. When the prosecutor asked Sgt.

Hebert v. Central Intelligence Agency

District Court, W.D. Louisiana · Apr 16, 2021

Gilley, 138 F.3d at 213 (clearly baseless); Horton v. Cockrell, 70 F.3d 397, 400 (5th Cir. 1995) (irrational or wholly incredible); Hicks v. … But federal courts lack jurisdiction over suits against a state, a state agency, or a state official in his official capacity unless that state has waived its sovereign immunity or Congress has clearly abrogated it.76

Greater Guide, Inc. d/b/a American Service Pets v. SAPS LLC et al.

District Court, E.D. Louisiana · Oct 31, 2025

However, the doctrine's immunity does not extend to petitioning activity that qualifies as a “sham.” … Section 1974 of the Act establishes that healthcare providers are prohibited from producing “documentation relating to an individual’s need for a support animal unless” the provider complies with a list of six requirements

R. P. Farnsworth & Co. v. Albert

79 F. Supp. 27 · District Court, E.D. Louisiana · Aug 9, 1948

The methods followed by plaintiff in inviting bids, and of the defendant in submitting his proposal were in accordance with those well-established practices and customs. … In the instant case, not only did the defendant fail to qualify his proposal, but as was true with respect to the defendant in Harris v.