Case law

State v. Sanders

539 So. 2d 114 · Louisiana Court of Appeal · Feb 22, 1989

Denial of the motion was clearly within the trial judge's discretion. This assignment of error lacks merit. … Further, the chain of custody, as well as the labeling of the substances, was established. Such evidence quite clearly and adequately supports a conviction.

Whittington v. Sowela Technical Institute

438 So. 2d 236 · Louisiana Court of Appeal · Sep 16, 1983

This sanction clearly impresses us of the close educational function assigned to this activity and the high priority established by the school to attend. … The evidence as a whole clearly establishes the independent negligence of Sowela.

Apex Oil Company, Inc. v. United States

208 F. Supp. 2d 642 · District Court, E.D. Louisiana · Jan 28, 2002

The ‘act of God’ defense is more nebulous, and many occurrences asserted as ‘acts of God’ would not qualify as ‘exceptional natural phenomenon.’ … The body of law already established under Section 311 of the CWA is the foundation of the OPA.

Howard v. Union Carbide Corp.

897 So. 2d 768 · Louisiana Court of Appeal · Feb 15, 2005

Further, the record clearly shows that the areas certified in the class action sustained a concentration level of at least 35 ppm. … These are the physical symptoms which the expert testimony establishes is typical for exposure to this type of chemical.

State v. Massey

436 So. 2d 522 · Supreme Court of Louisiana · Jun 27, 1983

He further admitted that he was not qualified to give an opinion on defendant's state of intoxication since he too had been drinking. Sal Cusimano, the owner and operator of Sal's and Q.C.' … We find that neither of the remaining assignments of error present reversible error, nor do they involve legal issues not governed by clearly established principles of law.

State v. Jetton

756 So. 2d 1206 · Louisiana Court of Appeal · Apr 5, 2000

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 doubt that defendant was guilty … We cannot agree that the prosecutor's statements qualify as a "direct or indirect" reference to other crimes committed by Jetton. LSA-C.Cr.P. art. 770. Rather, they are references to other crimes committed by a witness.

Albritton v. Albritton

591 So. 2d 357 · Louisiana Court of Appeal · Nov 22, 1991

ESCO, 549 So.2d 840 (La.1989), we cannot say that the trial judge was clearly wrong or manifestly erroneous. … LSA-R.S. 9:1725(7) reads as follows: (7) ‘Spendthrift trust,’ when used without other qualifying words, means a trust under which alienation by a beneficiary of an interest in income or principal is restricted to the full

Delahoussaye v. Board of Trustees

157 La. 782 · Supreme Court of Louisiana · Jan 5, 1925

In order to bring out more clearly the grounds on which plaintiffs rely for a writ of injunction, it is necessary to state them briefly in another form. … The act, in establishing such a system, creates a state hignway commission, and vests the commission created with supervision and control over the system established, and the contention of plaintiffs seems to be that the

Wilson v. Capital City Press

315 So. 2d 393 · Louisiana Court of Appeal · Oct 10, 1975

R.S. 44:1 and 44:3 and that publication of the information is therefore subject to a qualified privilege. … hold that the New York Times privilege was not constitutionally mandated in defamation cases regarding private persons, what is said in the footnote cannot be taken as a basis for this court to refuse to follow the rule established

United States v. Patin

501 F. Supp. 182 · District Court, E.D. Louisiana · Oct 30, 1980

Under this “firmly established policy,” Thompson v. … See also Note, Separation of Powers and Defense Witness Immunity, 66 Geo.L.J. 51, 51-52 & nn. 1-5 (1977).

Anderson v. Beauregard Memorial Hosp.

709 So. 2d 283 · Louisiana Court of Appeal · Mar 6, 1998

We, too, will use the date the plaintiff learned of the diagnosis to establish the commencement of the running of prescription. … The decision reached by the trial court will not be disturbed on appeal unless it is clearly erroneous and involves a misunderstanding of the law. Id. We agree with the trial court that on the issue of prescription Dr.

Joseph Gautreaux v. Louisiana Farm Bureau Casualty Insurance Co.

Louisiana Court of Appeal · Dec 29, 2022

The Trial Court erred in denying [Farm Bureau’s] Compliance Motion because the uncontested evidence established that WCTL valuations are derived from fair market surveys conducted using qualified retail … In my view, the summary- judgment evidence produced by Farm Bureau clearly demonstrates the existence of genuine issues of material fact.

Hanover Insurance Co. v. Superior Labor Services, Inc.

179 F. Supp. 3d 656 · District Court, E.D. Louisiana · Mar 31, 2016

The state and federal proceedings are clearly not parallel. … Interpretation of Decree from Parallel State Proceeding Again, the State-Court Lawsuits and this action are clearly not parallel.

Parnell v. Reed & Sims, Inc.

428 So. 2d 899 · Louisiana Court of Appeal · Feb 22, 1983

Goldsby admitted he was not qualified to express an opinion as to whether plaintiff could handle a chain saw, though he expressed some doubt as to whether plaintiff’s grip would be adequate. Dr. … Nevertheless, the court still assessed the penalties and attorney’s fees since “the law is well settled as applied to the established facts.”

Smith v. Kepney

264 So. 3d 1214 · Louisiana Court of Appeal · Jan 16, 2019

If there are two permissible views of the evidence, the factfinder's choice between them can virtually never be manifestly erroneous or clearly wrong. Id . … Here, Smith offered proof of his claim of diminution in value through the testimony and value report of Vandergracht who was qualified as an expert in automotive appraisal and diminished value damages by the trial court.

Hirsch v. Cahn Elec. Co., Inc.

694 So. 2d 636 · Louisiana Court of Appeal · May 9, 1997

Hirsch, Bayre argued that he was not qualified to *640 decide the fairness of the offer. However, he did state that Mrs. Hirsch could negotiate. … The Cahns established the overall annual compensation for salaried employees, and then established their own overall annual compensation after consideration of NECA reports.

State v. Lewis

990 So. 2d 109 · Louisiana Court of Appeal · Aug 13, 2008

was not qualified to give an opinion about the fingerprint evidence. … Before any witness can testify as an expert, his or her competence must be established to the satisfaction of the court.

Richards

District Court, M.D. Louisiana · Jul 23, 2026

Applicable Law & Analysis The LPLA “establishes the exclusive theories of liability for manufacturers for damage caused by their products.” La. R.S. § 9:2800.52. … Rev. 565, 575–76 (1989) (“[A] seller may be the only defendant available . . . if the alien manufacturer, because of his foreign status, is not subject to service of process or is immune from enforcement of a judgment.

State v. Gradley

745 So. 2d 1160 · Supreme Court of Louisiana · May 19, 1998

At Section J(1)(a), the rule provides that in any capital case involving an indigent defendant, the court shall appoint no less than two attorneys who have been certified by the Louisiana Indigent Defender Board as qualified … Rule IV, Part 2, § 3. [1] The assignments of error not discussed in this opinion do not represent reversible error and are governed by clearly established principles of law.

Succession of Manion

143 La. 799 · Supreme Court of Louisiana · May 27, 1918

In support of the exception of no cause of action, he argues that the judgment in question, though obtained ex parte, must be taken as prima facie valid, and hence immune from collateral attack; that the question of the validity … establish that it is a disposition of last will.”