Case law

AE Landvoigt, Inc. v. LOUISIANA STATE EMP. RETIREMENT SYSTEM

337 So. 2d 881 · Louisiana Court of Appeal · Dec 3, 1976

It is conceded that Appellant has not qualified to do business here. … Appellant has failed to establish loss of profits with that degree of certainty legally *887 required.

City of Shreveport v. Abe Meyer Corp.

223 La. 1079 · Supreme Court of Louisiana · Jul 3, 1953

They are all realtors familiar with property values in and around the city of Shreveport and qualified to express their opinions. … As stated before he seemed to be of the opinion that these prices per acre were what the property would be worth after a subdivision had been established, but clearly that is not so; those prices were for what these witnesses

Schexnayder v. CF Industries Long Term Disability Plan for It's Employees

553 F. Supp. 2d 658 · District Court, M.D. Louisiana · Apr 2, 2008

The evidence clearly establishes that Plaintiff is completely disabled due to degenerative disc disease and spinal steno-sis and debilitating pain. Hartford ig *668 nored the medical evidence of Mr. … by education, training or experience; and 2. not working for wages in any occupation for which You are or become qualified by education, training or experience.

Lupberger v. Lupberger

805 So. 2d 264 · Louisiana Court of Appeal · Dec 5, 2001

Lupberger could not establish what loan this one was to repay and the testimony at trial demonstrated that Mrs. … Lupberger's future service as the chairman and president of Middle South Utilities, that when computing retirement benefits under the non-qualified retirement plans that Mr.

Hondroulis v. Schumacher

546 So. 2d 466 · Supreme Court of Louisiana · Jun 19, 1989

"Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence. … Clearly the state's interests in maintaining medical standards and in protecting health cannot be invoked to justify such a statute.

Doucet v. Superior Gauging Servs., Inc.

268 So. 3d 1082 · Louisiana Court of Appeal · Apr 17, 2019

to indicate that cutting the tanks would be unsafe; he admitted he thought he had all the equipment needed to perform the job and placed chocks on the tank to prevent the tank from rolling; he and his cousin felt he was qualified … Supported by well-established jurisprudence, we find the trial court properly dismissed Shelf and Superior on their motions for summary judgment.

State Farm Mutual Automobile ins.co. A/S/O Jason J. Lopez v. Dustin P. Smith

Louisiana Court of Appeal · Mar 9, 2011

McMannus 3 qualified as a proper witness under the business records exception and that her testimony was adequate to establish a foundation for the introduction of the evidence … fact finder is clearly wrong or manifestly erroneous.

Beebe v. Larche

184 So. 3d 729 · Louisiana Court of Appeal · Nov 18, 2015

Ms., Beebe argues that the judgment clearly recognized the validity of the indemnification lease, exonerated Mr. Larche from claims by Ms. Beebe and directed that Mr. … The judgment does not appear clearly contrary to the law or evidence. The trial court did not abuse its discretion when refusing to consider Mr.

Descant v. Administrators of the Tulane Educational Fund

95 La.App. 4 Cir. 2127 · Louisiana Court of Appeal · Jan 21, 1998

Bruner, did not establish the standard of care applicable to Dr. Herrera. … This is established through expert testimony.

ST. TAMMANY PARISH HOSP. SERVICE DISTRICT NO. 2 v. Schneider

808 So. 2d 576 · Louisiana Court of Appeal · May 11, 2001

Such is clearly not the case here. Sugarland, 476 So.2d at 976 . Such is also clearly not the case in the matter we are reviewing. … Although the trial court did not specifically enumerate the factors used in reaching its conclusion, it found there was insufficient evidence to establish SMH acted in bad faith or abused its expropriation authority.

Summers v. Vermilion Parish School Bd.

493 So. 2d 1258 · Louisiana Court of Appeal · Sep 12, 1986

(iii) Defendant's improper admission into evidence of hearsay testimony, improperly identified photographs and opinion/expert testimony from a fact witness who was not qualified as an expert. *1262 (iv) Implementation by … (vi) The decision of Defendant was arbitrary because there was no substantial evidence to establish that as a matter of law and as a matter of fact that Petitioner is not able to perform his duties as principal."

Treadaway v. Plaquemines Parish Democratic Committee

193 So. 609 · Louisiana Court of Appeal · Feb 12, 1940

In his petition, the contestant Treadaway alleges, in substance; as follows: That he is a duly qualified elector of the Ninth Ward of the Parish of Plaquemines; that he is a candidate for the democratic nomination for the … He says that the grounds set forth by him in the amended pleading merely amplify the complaints urged in the original petition and that therefore, under the well established jurisprudence, he should have been permitted to

WORLD TRADE CENTER v. All Taxpayers

908 So. 2d 623 · Supreme Court of Louisiana · Aug 25, 2005

It is well settled that statutes are presumed constitutional unless fundamental rights, privileges and immunities are involved. … It must be shown clearly and convincingly that it was the constitutional aim to deny the legislature the power to enact the statute in question.

Succession of Marcel

421 So. 2d 411 · Louisiana Court of Appeal · Oct 12, 1982

In due course, the decedent’s will was probated on December 5,1973, and Yvette Marcel Hebert qualified as executrix thereof. … His factual finding is entitled to great weight, especially where the credibility of witnesses is involved, and his conclusions as to the facts will not be disturbed unless found to be clearly erroneous. Russell v.

BP Oil Co. v. Plaquemines Parish Gov.

651 So. 2d 1322 · Supreme Court of Louisiana · Jan 27, 1995

Nevertheless, the final bill clearly did not achieve that objective. … There clearly was a genuine issue of material fact as to BP's good-faith belief that it had fulfilled its tax obligation.

Ashy v. Trotter

888 So. 2d 344 · Louisiana Court of Appeal · Nov 10, 2004

ORAL CONTRACT AND APPARENT AUTHORITY Louisiana Civil Code Article 1927 states: A contract is formed by the consent of the parties established through offer and acceptance. … On appeal, we will not disturb the trial court's vast discretion in determining the admissibility of expert testimony unless it is clearly erroneous. See Mistich v.

Rutherford v. Chiles Offshore Co.

558 So. 2d 263 · Louisiana Court of Appeal · Mar 14, 1990

Exceptions to the general rules of venue are strictly construed because they are in derogation of a common right, and the party claiming such an exception must clearly bring itself within the terms of the exception. … From our analysis hereinabove, it is evident that Sabine Parish did not qualify as a forum where the action might have been properly brought. Therefore, we have no basis to order such a transfer to Sabine Parish.

Pettis v. Smith

880 So. 2d 145 · Louisiana Court of Appeal · Aug 13, 2004

The court found a sufficient number of qualified witnesses. The court further found that Mrs. … that the finding is not clearly wrong or manifestly erroneous.

State v. Jackson

523 So. 2d 251 · Louisiana Court of Appeal · Feb 24, 1988

The advice of rights form clearly specifies that the defendant was being questioned about the armed robbery of Mr. Will Ross Henry. … Basically, the defendant objects to going outside the four corners of the form to establish that the defendant signed the form and to establish the date and time the form was signed.

Gedward v. Sonnier

713 So. 2d 770 · Louisiana Court of Appeal · May 20, 1998

The defendant, AIC, did not establish that Gedward would be unable to establish an element of its claim against it and that it was entitled to judgment as a matter of law. … In Smith, the children were using the recreational vehicles and any breach of duty by the insured clearly arose solely out of their failure to supervise such use.