Case law

Holmes v. Lea

250 So. 3d 1004 · Louisiana Court of Appeal · May 18, 2018

Thus, the record does not establish that Lea breached any general duty owed under the circumstances. And while the record does establish that Lea violated La. … R.S. 3:2771, by letting his dog run free so as to eventually wander upon Holmes's doorstep, the harm suffered in this case-that the person who found the dog would be charged with theft of the animal-is clearly beyond the

Provost v. USA Truck, Inc.

901 So. 2d 1220 · Louisiana Court of Appeal · May 4, 2005

The testimony established he broke down somewhere between 12:30 a.m. and 1:00 a.m. … In determining percentage of fault, the supreme court has established guidelines for the trier of fact. In Watson v.

Falgoust v. Richardson Industries, Inc.

552 So. 2d 1348 · Louisiana Court of Appeal · Nov 15, 1989

The view of this sign was unobstructed, and it was clearly visible to anyone sitting or standing on the deck. … Plaintiff argues first that this witness was not qualified to testify as an expert on pool safety, and second, even if he were so qualified, he should not have been permitted to give opinions on the design and effectiveness

Clark v. Louisiana State Racing Commission

2012 La.App. 4 Cir. 1049 · Louisiana Court of Appeal · Dec 12, 2012

statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Arbitrary or capricious or characterized by abuse of discretion or clearly … Dugas, was not properly qualified as an expert in any field; that since Mr. Dugas was not qualified, Mr. Dugas should not have been allowed to testify; and that he was not allowed to cross examine Mr. Dugas.

Buras v. Petroleum Helicopters, Inc.

95 La.App. 4 Cir. 1629 · Louisiana Court of Appeal · Dec 17, 1997

We review this conclusion in order to determine if it is clearly erroneous. Maranto v. Goodyear Tire & Rubber Co., 94-2603, 94-2615, p. 7 (La.2/20/95), 650 So.2d 757, 762 . … Plaintiff counters that the evidence establishes that Mr.

Tyler v. Marquette Casualty Company

79 So. 2d 376 · Louisiana Court of Appeal · Mar 22, 1955

Both of these witnesses, despite their ages, expressed themselves clearly in answer to questions of counsel on both sides. … She testified that Anderson stayed on his side of the road at all times but she qualified that statement on cross-examination with the following testimony: "Q. Now, after Mr.

Lewis v. King

157 La. 718 · Superior Court of Louisiana · Jan 5, 1925

Lizzie Lewis, the sole issue of the second marriage was a minor and without taking any steps to-open the succession of her deceased mother, or to qualify a tutor to said minor, G. W. … Hyde is an heir and one of. the plaintiffs, and it is therefore unnecessary that her rights should be more clearly defined. The motion is denied.

Couto v. Oms

319 So. 2d 518 · Louisiana Court of Appeal · Nov 21, 1975

We believe that the constant referral to non-established "facts" did critical damage. It compromised the expert testimony and it caused the jury to consider the "facts" as established even though they clearly were not. … And, as such testimony becomes more compelling in its effect, the more clearly this obligation exists.

Patrick Jeansonne v. City of Marksville

Louisiana Court of Appeal · Nov 25, 2015

While Defendants did not specifically assert absolute immunity as a basis upon which to grant their exception, absolute immunity that is apparent on the face of a petition may properly form the basis of sustaining an exception … that the finding is clearly wrong (manifestly erroneous).

M.R. Pittman Group, L.L.C. v. Plaquemines Parish Government

2015 La.App. 4 Cir. 860 · Louisiana Court of Appeal · Dec 2, 2015

. ; While such a judgment might qualify as a partial final judgment under Article 1915 B(l) of the Louisiana Code of Civil Procedure, it would need such a | . … An appellate court should not disturb a trial court’s factual findings supporting prescription unless they are clearly *320 wrong. See Carter v.

State v. Chandler

939 So. 2d 574 · Louisiana Court of Appeal · Sep 8, 2006

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 … Again, for an analogy, it is clearly understood that in the deadly weapon setting addressed by Subsection A(3), the rapist with a gun need not use it to harm the victim but only to threaten her.

State of Louisiana v. Willie James Robertson

172 So. 3d 616 · Supreme Court of Louisiana · Jun 30, 2015

not essential that the act of the defendant should have been the sole cause of the death; if it hastened the termination of life, or contributed, mediately or immediately, to the death, in a degree sufficient to be a clearly … Even though the medical examiner in this cold case was deceased, the prosecution could have retained a qualified expert to examine the autopsy report and Certificate of Death to provide testimony regarding, inter alia,

Larson v. Larson

229 So. 3d 1043 · Louisiana Court of Appeal · Oct 25, 2017

To substantiate reversal, the appellate court must find from the record that there is no reasonable factual basis for the finding of the trial court and that the record establishes that the finding is clearly wrong or manifestly … Bruce Miller, qualified as an expert in the areas of trusts and taxation, testified extensively that after .reviewing Ms.

State v. Nelson

14 La.App. 5 Cir. 252 · Louisiana Court of Appeal · Mar 11, 2015

It is long established that where circumstantial evidence forms the basis of a conviction, the circumstance’s must be so clearly proven that they point not merely to the possibility or probability of guilt but to the moral … Vasquez’s testimony in this regard did not require him to be qualified as an expert. Det.

State v. Smith

672 So. 2d 1034 · Louisiana Court of Appeal · Mar 27, 1996

In the absence of qualifying provisions, the term "intent" refers to "general criminal intent." La.R.S. 14:11. … The trial court clearly justified the maximum sentence.

Lewis v. Republic Supply Co.

155 So. 2d 200 · Louisiana Court of Appeal · Jul 1, 1963

Roebling and Son's Corporation, Houston, Texas, who is not qualified to do business in this *205 state, but is actually doing business, and asks for service of process according to law. "16. … Since the right of plaintiff's insurer was derived solely by subrogation from its insured, clearly said plaintiff had no right or cause of action until it paid the claim.

State v. Fogleman

12 La.App. 3 Cir. 16 · Louisiana Court of Appeal · Oct 3, 2012

In the absence of qualifying provisions, the term “intent” has reference to general criminal intent, La. … Having concluded that the state need only establish that the defendant possessed the items found in the black duffle bag to establish the requisite intent required to convict the defendant of the charged offense, we next

Whitley v. State Ex Rel. Board of Supervisors of Louisiana State University Agricultural Mechanical College Ex Rel. Medical Center of Louisiana at New Orleans-University Campus

66 So. 3d 470 · Supreme Court of Louisiana · Jul 1, 2011

Acts No. 434, § 1 (establishing the Louisiana Government Claims Act pursuant to authority vested by La. Const, art. XII, § 10). In 1983, Section 5107 was amended and divided into Subsections A and B. See 1983 La. … However, immunity for discretionary acts of executive, legislative, and judicial officers within the scope of their legally defined powers shall not be abridged. | u(2) The state and its agencies shall be liable for claims

In Re Louisiana News Company

187 F. Supp. 241 · District Court, E.D. Louisiana · Jul 12, 1960

The standard is arbitrary, unreasonable, and in disregard of the criteria of obscenity as established in the courts. … Plaintiffs are clearly entitled to this much relief.

Entertainment Software Ass'n v. Foti

451 F. Supp. 2d 823 · District Court, M.D. Louisiana · Aug 24, 2006

The Fifth Circuit has held that, for purposes of enjoining unconstitutional acts, a state official is entitled to 11th Amendment immunity unless the plaintiff can establish “some connection between [him and] enforcement of … Maleng, 325 F.Supp.2d 1180, 1184-85 (W.D.Wash.2004) (“Maleng ”) (noting that video games “are expressive and qualify for the protections of the First Amendment”); see James v.