Case law

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

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.

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).

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.

Fontenot v. United States (In re Fontenot)

153 B.R. 165 · District Court, W.D. Louisiana · Jan 25, 1993

The testimony clearly establishes the following facts: 1. Ms. Fontenot did not have the financial wherewithal to acquire the business. … Mere negligence does not establish willfulness. Gustin, 876 F.2d at 492 .

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.

State of Louisiana, Military Department and Department of Public Safety, Office of State Police v. EXPLO Systems, Inc., Crum and Forster Specialty Ins. Co., and Seneca Specialty Ins. Co. (consolidated with) Employers Mutual Casualty Company A/S/O The Village of Dixie Inn, Louisiana v. EXPLO Systems, Inc. and Crum & Forster Specialty Insurance Company

Louisiana Court of Appeal · May 18, 2022

C.C.P. art. 191 “authorizes trial courts to impose sanctions for [failing to adhere to discovery rules] since [such failure] clearly interferes with the court’s ability to fairly administer justice.” … The court concluded that, despite his insurance litigation experience, Siegel was not qualified as an attorney to offer the proposed opinions.

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.”

Hodges v. Golden Nugget Lake Charles, LLC

242 So. 3d 654 · Louisiana Court of Appeal · Mar 7, 2018

The medical evidence clearly shows that Ms. Hodges had severe depression before the accident; however, Dr. … Hodges' treating physicians, clearly warranted the WCJ's allowance of these witnesses live testimony. Moreover, Dr.

Holt v. Estates of Fletcher

469 So. 2d 401 · Louisiana Court of Appeal · May 15, 1985

holder of the note could not, without making known his intent to discontinue acceptance of late payments, simply foreclose after one late payment, and that a casual conversation concerning late payments was insufficient to qualify … Whatever acquiescence in this matter might have occurred before the death of Fletcher, the evidence clearly supports the trial judge’s conclusion that after his death, the Holts became more concerned about their security,

Maxwell v. LeBlanc

434 So. 2d 375 · Supreme Court of Louisiana · Apr 4, 1983

The trial judge did not mention the behavior testified to by the mother, who was clearly not a disinterested witness. … Nevertheless, visitation will continue to be an important right for non-custodial parents who do not qualify for joint custody, or for parents who prefer the more traditional model of sole custody of their children.

State v. McZeal

99 La.App. 4 Cir. 3061 · Louisiana Court of Appeal · Nov 29, 2000

The evidence establishes that defendant is very distinctive looking. … The evidence establishes that this was May 23, 1994. .

Lanthier v. Family Dollar Store

1 La.App. 3 Cir. 0437 · Louisiana Court of Appeal · Apr 3, 2002

We further hold that such evidence can qualify as "competent evidence," provided that the evidence has some degree of reliability and trustworthiness and is of the type that reasonable persons would rely upon. … The information relied upon by Guidry was clearly within the ambit of her personal *1218 knowledge as the manager of the Eunice Family Dollar store.

State Ex Rel. Busby v. Butler

538 So. 2d 164 · Supreme Court of Louisiana · Dec 12, 1988

Petitioner was unconstitutionally denied his right to appointment of a qualified expert in violation of the Sixth, Eighth, and Fourteenth Amendments to the Constitution. 5. … Once contacted, however, they often testify willingly and with deep feeling in an effort to help the jury see the troubled individual before them as a human being whose life has value. *171 Testimony by Busby's family clearly

Durkee v. City of Shreveport

587 So. 2d 722 · Louisiana Court of Appeal · Sep 25, 1991

Quantum By its third assignment the city urges the trial court was clearly wrong in awarding excessive damages. … Like any other element of special damages, however, future medical cost can and must be established with some degree of certainty.

Katner v. Katner

2009 La.App. 4 Cir. 0974 · Louisiana Court of Appeal · Dec 23, 2009

The trial court’s factual determination to the contrary is clearly wrong and we so find. The Supreme Court in Rosell v. … ESCO, 549 So.2d 840, 844 (La.1989) noted that the ordinary rule of deference to the fact finder is qualified “where documents or objective evidence so contradict the witness’s story, the court of appeal may well find manifest

Kidder v. Anderson

345 So. 2d 922 · Louisiana Court of Appeal · Jun 17, 1977

Clearly, there was sufficient evidence to let the case go to the jury. … In fact, the court rejected the absolute-immunity doctrine continuously espoused by Justices Black and Douglas in all First Amendment situations.

Pan American Petroleum Corp. v. Alexander

190 So. 2d 643 · Louisiana Court of Appeal · Sep 27, 1966

is clearly convincing to the court that the interest acquired by Mary Ann Washington at the constable sale of the property of Alma Washington and Otis Washington was acquired by Mary Ann Washington, by agreement, for the … “After the death of Mary Ann Washington, her succession was opened, will probated, and Hobert Alexander qualified as executor.

Hebert v. Magnolia Life Insurance Co.

94 La.App. 3 Cir. 1195 · Louisiana Court of Appeal · Mar 1, 1995

The medical evidence establishes that Victoria was diagnosed as HIV positive before the date on which he completed the policy application. … Clearly, these knowing misstatements materially affected the risk assumed by Magnolia Life. Accordingly, the trial court did not err.

Warren v. Everist

706 So. 2d 593 · Louisiana Court of Appeal · Jan 21, 1998

Likewise, the recognized authority of the Nelson treatise also qualified it to be introduced into evidence under the learned treatise exception to the hearsay rule. La.Code Evid. art. 803(18). … Plaintiff must first establish by a preponderance of the evidence that the treatment fell below the ordinary standard of care expected in that medical specialty and then establish a causal relationship between the alleged