Case law

Sims v. Ward

938 So. 2d 702 · Louisiana Court of Appeal · Jun 9, 2006

that the fact finder is clearly wrong or manifestly erroneous. … To perform its constitutional duty properly, an appellate court must determine whether the trial court's conclusions were clearly wrong based on the evidence or clearly without evidentiary support. Id.

State v. Darby

403 So. 2d 44 · Supreme Court of Louisiana · Jun 22, 1981

LSA-R.S. 15:463. [3] He was not qualified as an expert. No showing was made that the witness had special training or experience in the use of marijuana. LSA-R.S. 15:464. [4] The state's objection was properly sustained. … ASSIGNMENT OF ERROR NUMBER FIVE Defendant contends that two state exhibits were admitted into evidence without a proper chain of custody being established. There was no objection to the exhibits at trial.

Louisiana Pub. Facilities Auth. v. Foster

795 So. 2d 288 · Supreme Court of Louisiana · Sep 18, 2001

The Governor's acceptance established the state as the beneficiary of the LPFA trust. … For the purpose of enjoying tort immunity, the LPFA asserted that it was a state agency.

Bertrand v. Sandoz

260 La. 239 · Supreme Court of Louisiana · Dec 13, 1971

The hospital thus established at a cost of $892,184 opened with a capacity of 47 beds on May 27, 1957. It was then a three-story structure with only two floors completed. … Indisputably the trust will incur the debt, and trusts are clearly not included within the “subdivisions” intended to be regulated, for they are not named and they are not subdivisions of the State.

Widow & Heirs of Simonin v. Czarnowski

47 La. Ann. 1334 · Supreme Court of Louisiana · Jun 3, 1895

Simonin may not have known the “ name ” of the particular attorney who conducted the proceeding, and neither employed him herself nor gave others power to do so, we think it established that she was aware that the succession … It can scarcely, we think, be asserted, after a tutrix and under-tutor had been qualified, that the administration was a “pure simulation.”

State v. Brown

421 So. 2d 854 · Supreme Court of Louisiana · Oct 18, 1982

Shuflin, a criminalist who qualified as an expert in the identification of drugs, to testify that the drugs stolen in the burglary were classified as controlled dangerous substances, an essential element of the offense. [ … We believe, therefore, that the Trial Judge did not err when he permitted Kennedy to testify as to the statements of co-conspirators because the record clearly indicates a prima facie case of conspiracy had been established

Cash

District Court, E.D. Louisiana · Mar 27, 2026

The individual capacity claim against Sheriff Lopinto is also barred by qualified immunity. See, e.g., Magnolia Island Plantation, L.L.C. v. … immunity.

Hasney v. Allstate Ins. Co.

2000 La.App. 4 Cir. 0164 · Louisiana Court of Appeal · Feb 7, 2001

As his first assignment of error, the plaintiff contends that "the Jury was Clearly Wrong in Finding that [plaintiffs] Injury claim was Fraudulent." … The character witness shall not express his personal opinion as to the character of the witness whose credibility is in issue. (3) Inquiry into specific acts on direct examination while qualifying the character witness or

State v. Paramount Publix Corporation

178 La. 818 · Supreme Court of Louisiana · Nov 27, 1933

Paramount Pub-lix Corporation is, as we have said, a New York corporation, and has its domicile and principal business establishment in New York City, and a branch office, called a film exchange, in New Orleans, in charge … The business of the distributors of which the arrangement with the exhibitor here was an instance was clearly interstate.

Ragas v. Dewey

663 So. 2d 827 · Louisiana Court of Appeal · Oct 18, 1995

Hunter, 495 So.2d 1298 (La.1986) that a periodontist was qualified to testify relative to the standards of a general dentist. … The plaintiff must first establish by a preponderance of the evidence that the doctor’s treatment fell below the ordinary standard of care expected of physicians in his medical specialty, and must then establish a causal

Schysm v. Boyd

47 So. 3d 977 · Louisiana Court of Appeal · Aug 16, 2010

clearly wrong. … In the civil statute pertaining to immunity from liability, La. R.S. 9:2798.4, the threshold remained 0.10% until amended in 2004. 2 . Mrs.

Williams v. City of Baton Rouge

844 So. 2d 360 · Louisiana Court of Appeal · Mar 28, 2003

Clearly, the court erred in relying on this information, which was outside the record. … However, the constitutionality of this statute was called into question as an abrogation of sovereign immunity contained in Article XII, § 10(A) of the Louisiana Constitution.

Goldman v. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY

417 F. Supp. 2d 788 · District Court, E.D. Louisiana · Feb 23, 2006

Hartford denied Goldman’s claim for benefits after September 19, 2003 because it found that there was insufficient evidence in the record to establish that Goldman qualified as disabled under the plan after September 19, … Turner’s review of Goldman’s medical records and an employability analysis conducted in June 2005, Hartford concluded that the evidence before it established that Goldman was able to perform light work and did not qualify

State v. Jones

2016 La.App. 4 Cir. 0122 · Louisiana Court of Appeal · Oct 5, 2016

The offenses were clearly “of the same or similar nature.” La. Code Crim. Proc. art. 493.2. Three of the four charges were for the same crime, felon in possession of a Imfirearm. … Finally, the evidence of each gun possession count and the attempted murder count was clearly presented and did not .lead to jury confusion.

Mullins v. Concrete & Steel Erectors

6 La.App. 3 Cir. 510 · Louisiana Court of Appeal · Sep 27, 2006

Findings of fact made by a WCJ are subject to the manifest error/clearly wrong standard of review. Alexander v. Pellerin Marble & Granite, 93-1698 (La.1/14/94), 630 So.2d 706 . … Mullins when he worked at Qualified Contractors, Incorporated. Apparently, the employer had discovered that Mr.

Crowe v. Bio-Medical Application of Louisiana, LLC

208 So. 3d 473 · Louisiana Court of Appeal · Jun 3, 2016

In order for a dialysis clinic to qualify and participate as a Medicare provider, the clinic must meet all Medicare regulations and various conditions for coverage (“CfCs”). See 42 C.F.R. §§ 494 .1— 494.180. … Thus, Bio-Medical argues, these prescription drug purchases are clearly made “under the provisions of Medicare.”

Orleans Parish School Board v. Pastoree

2012 La.App. 1 Cir. 1174 · Louisiana Court of Appeal · Aug 14, 2013

In Louisiana, it is a well-settled principle that statutes are presumed to be constitutional unless fundamental rights, privileges, and immunities are involved. World Trade Center Taxing Dist. v. … It must be shown clearly and convincingly that it was the intent of the constitutional provision to deny the legislature the power to enact the statute in question.

Successions of Gilbert

222 La. 840 · Supreme Court of Louisiana · Feb 16, 1953

After qualifying as testamentary executrix, Miss Huber filed a petition to which was attached her first provisional account. … Clearly the services to her father were worth this remuneration.

Robert Arcuri Versus Walter Stevens, Jr and Eliana Defrancesch, in Her Capacity as Clerk of Court

Louisiana Court of Appeal · Aug 29, 2023

reviewed under the manifest error or clearly wrong standard. … R.S. 18:463(A)(2)(a)(iv), in order to qualify, Mr.

State v. Bernard

31 So. 3d 1025 · Supreme Court of Louisiana · Mar 16, 2010

. *1029 15The First Circuit affirmed, holding “defendant’s incarceration in the East Baton Rouge Parish Prison clearly qualified him as being ‘in custody’ ” and that the “trial court did not abuse its discretion in determining … Hathorn, Perry and Phillips , when read together, clearly establish Miranda applies not to all “state actors” but only to persons who are either law enforcement officers or acting as an agent of law enforcement.