Case law

Carter v. Bd. of Sup'rs of Louisiana St. Univ.

459 So. 2d 1263 · Louisiana Court of Appeal · Nov 20, 1984

Dennis Howard, was qualified by the trial court as a safety consultant. Mr. Howard offered his opinion on the degrees of risk presented by varying differentials in height on walking surfaces. … Before an appellate court can properly disturb a quantum award, the record must clearly reveal that the trier of fact abused his discretion in making the award.

Commercial Flooring & Mini Blinds, Inc. v. Edenfield

2013 La.App. 1 Cir. 0523 · Louisiana Court of Appeal · Feb 14, 2014

Similarly, the issue of whether there were corroborating circumstances sufficient to establish an oral contract is a question of fact. Pennington Const., 652 So.2d at 639 . … When evaluating the evidence needed to establish the existence of a contract, the jury is allowed to make credibility determinations. Imperial Chemicals Ltd. v.

Veritext Corp. v. Bonin

District Court, E.D. Louisiana · Dec 1, 2021

establishing a standard of competency for those persons engaged in it.” LA. STAT. ANN. § 37:2551(A) (2021). … Generally, two criteria must be satisfied: (1) “the challenged restraint must be one clearly articulated and affirmatively expressed as state policy to displace competition with state regulation

Posey v. Singletary

855 So. 2d 853 · Louisiana Court of Appeal · Sep 24, 2003

R.S. 40:1299.44(0), the malpractice claimant obtains the benefit of having liability established for purposes of obtaining excess damages, up to the statutory cap, from the PCF. … This amendment clearly reflects the intent and purpose of the agreed settlement as expressly represented by the Poseys in their petition.

State v. Naas

409 So. 2d 535 · Supreme Court of Louisiana · Dec 14, 1981

Thus, due to his experience, he was qualified to answer the questions. This assignment lacks merit. … Scoriels' testimony, coupled with the photographs of the defendant taken by police several days after the crime clearly showing the defendant to have a mustache, casts doubt on Kelly's identification. [4] Since the homicide

Opinion Number

Louisiana Attorney General Reports · Sep 26, 1994

Under the facts as established by your opinion request and information provided by Ms. … Clearly, the internship does not and indeed cannot provide training that would otherwise be obtainable in the classroom.

Williams v. Muses, Ltd. 1

2016 La.App. 4 Cir. 0250 · Louisiana Court of Appeal · Oct 19, 2016

A reviewing court should not intervene unless the administrative agencies’ conduct is clearly unreasonable and arbitrary. See Bourgeois v. … Hilbert, on the other hand, opined that tax credits should not be included and are not required under established appraisal guidelines.

State v. Kenner

336 So. 2d 824 · Supreme Court of Louisiana · Jun 21, 1976

The in-court identification clearly had a source independent of the out-of-court identification. … First, two witnesses, who are presently available, would establish that defendant was elsewhere at the time the attack was perpetrated.

DaimlerChrysler Services of North America, L.L.C. v. Secretary, Department of Revenue

2007 La.App. 1 Cir. 0010 · Louisiana Court of Appeal · Sep 14, 2007

. *619 The BTA denied DaimlerChrysler’s appeals, and DaimlerChrysler petitioned the Nineteenth Judicial District Court for judicial review. 1 The district court concluded that DaimlerChrysler did not qualify as the dealer … However, exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively established by the taxpayer. Whitten Foundation v.

Romero v. Caddo Parish Commission

129 So. 3d 807 · Louisiana Court of Appeal · Nov 27, 2013

to vote under the constitution and laws of this state who vote at an election held for that purpose in the manner provided by R.S. 39:501 through 39:518, in the discretion of the governing authority, to establish, acquire … R.S. 33:3822 et seq., clearly and unambiguously provides that only the lots or units abutting the proposed improvements should be included in the calculation to determine if the petition met the requisite 60% of property

Schultz v. Guoth

57 So. 3d 1002 · Supreme Court of Louisiana · Jan 19, 2011

He points out that he has introduced the unanimous opinion of the medical review panel, which concluded he did not fail to meet the applicable standard of care, as well as an affidavit of a member of the panel who clearly … The defendant points out |9that the plaintiff has not produced an expert witness qualified in the field of obstetrics and gynecology during the two years this claim has been pending.

Griffith v. Roy

263 La. 712 · Supreme Court of Louisiana · Nov 6, 1972

of tutorship the tutor must be confirmed or appointed by the court, and must qualify for the office as provided by law." … Although the requirements of a "neglect complaint" are not clearly delineated, R.S. 13:1574 sets out the requirements of a petition which shows that a "child is within the purview of R.S. 13:1561 through 13:1592."

Versai Management, Inc. v. Monticello Forest Products Corp.

479 So. 2d 477 · Louisiana Court of Appeal · Nov 19, 1985

The facts alleged and the evidence of record clearly support a cause of action for breach of contract. … Thornhill was qualified as an expert in bulldozing, land clearing, hauling fill dirt and excavation. He inspected the Versai property after it was cut by Monticello.

Todd v. Sauls

647 So. 2d 1366 · Louisiana Court of Appeal · Dec 21, 1994

The plaintiff must first establish by a preponderance of the evidence that the doctor's treatment fell below the ordinary standard of care of physicians in his medical specialty, and must then establish a causal relationship … Zeluff stated that impaired nutritional status depresses the body's immune system and adversely affects the body's ability to heal wounds. When he was confronted with Mr.

Landreneau v. Ceasar

153 So. 2d 145 · Louisiana Court of Appeal · Jun 28, 1963

Article 150 of the LSA-Civil Code clearly states that it "shall not be lawful" for him to do so. … A reading of the article compels a conclusion that it does not establish as a standard that the debts must be fraudulent.

Cobbins v. Graham

District Court, M.D. Louisiana · Mar 13, 2025

The LSP Defendants answered the suit, raising the affirmative defense of qualified immunity. R. Doc. 25 (Second, Third, and Fourth Affirmative Defenses). … The LSP Defendants’ Motion for Summary Judgment based on qualified immunity was denied by this Court, which denial was affirmed by the United States Fifth Circuit Court of Appeals. Cobbins v.

State v. Neal

796 So. 2d 649 · Supreme Court of Louisiana · Sep 21, 2001

As to Jurors Eckles and Hawkins, the trial court rendered the question of whether defense counsel had established a prima facie case of discrimination moot when it asked the prosecutor for his race-neutral reasons for qualifying … BARNETT: ... that they would be qualified only if the [sic] still could consider life imprisonment.

Green v. Bankers Indemnity Ins. Co.

84 F. Supp. 504 · District Court, W.D. Louisiana · Jun 8, 1949

Another witness called by the defense was Dan Babin, a qualified pilot who flew from the Jennings airfield. Babin testified that he could see clouds building up in the northwest. … From the facts we have just established, the inescapable conclusion is that' the negligent acts of the pilot of the plane was not with the consent of the insured.

Sutherlin Sales Co. v. UNITED MOST WORSHIPFUL, ETC.

127 So. 2d 253 · Louisiana Court of Appeal · Feb 20, 1961

Harris, a salesman in the advertising and specialty business since 1938, was qualified as an expert in this field by the defendant for the purpose of evaluating damage. … property therein and are not due to fire: "(1) the discharge, leakage or overflow of water or steam from plumbing * * * *260 We are of the opinion that the contract of insurance existing between the third party litigants clearly

Aycock v. City of Shreveport

535 So. 2d 1006 · Louisiana Court of Appeal · Oct 26, 1988

Ray Herd, claiming that he was never qualified as an expert in accident reconstruction. Mr. … Herd was properly qualified by agreement of the parties. This assignment lacks merit.