Case law

Redmond v. City of Lafayette

594 So. 2d 566 · Louisiana Court of Appeal · Feb 12, 1992

Louisiana jurisprudence on the issue of the reasonableness of a municipal annexation is well established. … On the other hand, the reasonableness of the annexation at issue herein was clearly established in the trial court by the affidavits of Clyde M.

State v. McDonald

718 So. 2d 542 · Louisiana Court of Appeal · Aug 19, 1998

Certainly a discovery motion qualifies as an "other preliminary plea" which suspends the running of prescription under La. C.Cr.P. art 580. State v. Stelly, 94-306 (La. … Instead, such a suspension clearly controlled until May 1, 1996, if not until August 26, 1996. Cf. State v. Stelly, supra.

Wright v. Mark C. Smith & Sons Partnership

264 So. 2d 304 · Louisiana Court of Appeal · Sep 18, 1972

Tammany Parish Police Jury setting forth the minimum requirements for site improvements in order to qualify a tract of land as a legal and acceptable subdivision. … In this instance, the CNB's claim is clearly an intervention. The pleading is styled an intervention.

State v. Jackson

96 La.App. 3 Cir. 1182 · Louisiana Court of Appeal · Mar 26, 1997

A person who consents to a search clearly could not be heard to complain of the violation of his privacy. … He urges that courts in this state have recognized that drug dogs should be certified and trained to detect drugs before their actions can be used to establish probable cause.

State v. Allen

99 La.App. 4 Cir. 2358 · Louisiana Court of Appeal · Mar 21, 2001

I aIt was stipulated that if Teresia Lang were called as a witness, she would be qualified as an expert in the testing and analysis of controlled substances, and would testify that the substances introduced in evidence tested … This linking of documents through a defen *69 dant’s social security number, date of birth, name, case number, etc. can be sufficient to establish identity. State v.

State v. Brown

550 So. 2d 922 · Louisiana Court of Appeal · Sep 27, 1989

Under those circumstances, the witness was obviously qualified as an expert, though not tendered as such. … The evidence in the record, when viewed in a light most favorable to the prosecution, clearly establishes that defendant could distinguish right from wrong at the time of the offense and that defendant is guilty of aggravated

Jena Band of Choctaw Indians v. Tri-Millennium Corp.

387 F. Supp. 2d 671 · District Court, W.D. Louisiana · Jul 22, 2005

Transferring responsibility for the establishment and maintenance of accounting procedures for the gaming operation. 3. … A letter from the NIGC, dated 30 May 2002, clearly indicates that the parties failed to provide it with the documents requisite for a “complete submission.”

Isaac v. Lathan

836 So. 2d 191 · Louisiana Court of Appeal · Nov 8, 2002

The record before us reveals that Lathan did not have workers' compensation insurance at the time of the incident in question and was not qualified as a self-insured employer. … In considering the language of LSA-R.S. 23:1171.2, even under a strict construction, we note that the statute clearly provides that the amount of weekly compensation shall be increased by 50% where the employer has to provide

Thibodeaux v. O'QUAIN

9 La.App. 3 Cir. 1266 · Louisiana Court of Appeal · Mar 24, 2010

However, he is not qualified to be primary custodian of Patrick because he is emotional, fun to be with, and has mental problems. … Lastly, we acknowledge that the trial court made findings of fact that are not clearly established by the record, e.g., Patrick being disrespectful to Lauren.

State v. Ruiz

630 So. 2d 897 · Louisiana Court of Appeal · Dec 30, 1993

Also urine samples of the defendant were taken. [1] Officer John Palm was qualified as an expert in blood testing. … The procedures used in the instant case are clearly distinguishable from the procedures used in Benoit .

Gulotta v. Cutshaw

283 So. 2d 482 · Supreme Court of Louisiana · Sep 24, 1973

"Over defendant's objection, the trial court permitted plaintiffs to introduce evidence to establish fraud on defendant's part. … "Despite defendant's timely objection, the lower court also permitted plaintiffs to introduce evidence to establish that the estate of Walter S.

Faucheux v. Hooker Chemical Corp.

440 So. 2d 1377 · Louisiana Court of Appeal · Nov 9, 1983

Appellant submits secondly that the trial court was clearly wrong in finding appellee, Faucheux, totally and permanently disabled as a result of the June 29, 1979 accident. … An odd lot claimant need not be absolutely helpless to qualify for total disability.

State v. Fanguy

643 So. 2d 860 · Louisiana Court of Appeal · Oct 5, 1994

Thus, the jury was clearly informed that Dr. Benoit was not giving his opinion about the defendant's guilt or innocence. We find Dr. … We find the trial court did not abuse its discretion in qualifying Dr. Moncrief as a credible expert in the present case. This assignment of error lacks merit.

Lawrence v. Terral Seed, Inc.

796 So. 2d 115 · Louisiana Court of Appeal · Sep 26, 2001

Three certified public accountants were qualified as experts and testified at trial concerning the accounting data for the company. … The record does not clearly establish Wisner's financial performance for 1998.

Washington v. Magnolia Manor Nursing Home & Rehab., L.L.C.

247 So. 3d 156 · Louisiana Court of Appeal · Mar 28, 2018

They asserted that there were no allegations in the petition or documents attached to the petition that established Washington's right to sue or qualified him as a beneficiary under La. C.C. arts. 2315.1 or 2315.2. … App. 4 Cir. 5/7/10), 38 So.3d 1068 , writs denied , 2010-1312 (La. 9/24/10), 45 So.3d 1079 and 2010-1314 (La. 9/24/10), 45 So.3d 1080 , where the appellate court held that the petition for filiation clearly related back to

Weiss v. Allstate Insurance

512 F. Supp. 2d 463 · District Court, E.D. Louisiana · Apr 9, 2007

There is thus no question that Burns is qualified to be an expert witness in this case. … Thus, by its plain terms, the statute clearly establishes that if an insurer intentionally commits one of the specified types of conduct, the consequences are that the insurer is liable for the damages imposed by the statute

Thompson v. Department of Police

2016 La.App. 4 Cir. 1314 · Louisiana Court of Appeal · Jun 7, 2017

Appellate courts review the Commission’s finding of facts pursuant to the clearly wrong or manifest error standard. Muhammad v. … Discussion The appellant first argues that the Commission erred in finding the NOPD established a lawful cause for disciplining Officer Thompson.

Ducote v. Boleware

2015 La.App. 4 Cir. 0764 · Louisiana Court of Appeal · Feb 17, 2016

IG *947 [rabies immune globulin] is indicated for high risk exposures only, thus not indicated and represents poor decision making on the part of the ER staff. … Ducote and her sister testified that they were registered nurses, neither was qualified to opine on the issue of the medical necessity of the anti-rabies treatments.

Bella v. Tassara

2011 La.App. 4 Cir. 0092 · Louisiana Court of Appeal · Oct 12, 2011

In this case, the trial court found that the depositing of the funds into the joint accounts did not qualify as an onerous donation because Ms. … Tassara to return $50,000.00, rather than $66,418.55, to the estate, considering the evidence clearly established that $116,418.55 was in the joint accounts on the date of Ms. Bella’s death.

DeSalvo v. Orleans Parish School Board

97 La.App. 4 Cir. 1339 · Louisiana Court of Appeal · Apr 8, 1998

Such actions were clearly contrary to the provisions of the contract between the School Board and GIA, as well as La.Rev.Stat. 22:2018. … Clesi, who was qualified as an expert in employee health benefits and employee health benefits legislation and public policy, testified for an entire day.