Case law

LOUISIANA UNITED BUSINESS ASS'N v. Bridges

917 So. 2d 10 · Louisiana Court of Appeal · Jun 10, 2005

These uncontradicted figures establish that from September of 2001 until the time of his death, Mr. … On the issue of penalties and attorney fees, the employer's own records clearly reflected that John L.

State v. Rodrigue

441 So. 2d 1274 · Louisiana Court of Appeal · Nov 22, 1983

Aggravated kidnapping is the doing of any of the following acts with the intent thereby to force the victim, or some other person, to give up anything of apparent present or prospective value, or to grant any advantage or immunity … Moore, 432 So.2d 209, 225 (La.1983), the Louisiana Supreme Court held: Although the evidence establishes that the victim was forcibly seized and deprived of his valuables, the essential element of the crime, intent to deprive

Rhonda Tyler v. Jerry M. Tyler

Louisiana Court of Appeal · Sep 28, 2016

In the alternative, the trial court’s ruling was manifestly erroneous and clearly wrong. 3. The trial court erred in qualifying Mr. … Further, Jerry must establish that he lacks sufficient income or the ability to earn a sufficient income. See Derouen, 893 So.2d 981.

Carver v. Carver

243 So. 3d 1066 · Louisiana Court of Appeal · Apr 18, 2018

Ordered Ricky to cooperate upon his retirement, to affect a Qualified Domestic Order according to the Sims formula. Pamela timely filed a motion for devolutive appeal. … Under manifest error or clearly wrong standard of review, an appellate court must determine whether the trial court made a factual finding that was manifestly erroneous or clearly wrong and must review the record in its entirety

Crandell v. Cain

421 F. Supp. 2d 928 · District Court, W.D. Louisiana · Aug 25, 2004

That evidence (the State now concedes) established a prima facie case under Castaneda (the relevant “clearly established Federal law”) and its progeny, and the State presented no evidence (in the State court proceedings) … Johnson, 138 F.3d 1007, 1012 (5th Cir.l998)(counsel need not pursue an issue that “would have been futile in light of existing state law and the right was not clearly established under federal law”); Lucas v.

Titus v. IHOP RESTAURANT, INC.

25 So. 3d 761 · Supreme Court of Louisiana · Dec 1, 2009

Justice. 1 [ {We granted certiorari in this case to determine whether a defendant insurance company’s payments, pursuant to the no *763 fault medical payment coverage provision in a commercial general liability policy, qualified … The record demonstrates *767 clearly that the Plaintiff was not “lulled” into inaction, since he did actually file his lawsuit within the prescriptive period.

Charles A. Gibson, Sr. Versus Byron L. Lee and Hon. Jon A. Gegenehimer, Jefferson Parish Clerk of Court

Louisiana Court of Appeal · Aug 28, 2023

qualifying, notwithstanding any other provision of law to the contrary…. … Appellate courts review findings of fact under the manifest error or clearly wrong standard. North v. Doucet, 18-437 (La. App. 5 Cir. 8/1/18), 253 So.3d 815, 818.

State v. Baker

535 So. 2d 861 · Louisiana Court of Appeal · Aug 17, 1988

We find that although the four aggravated rape counts are similar, they probably do not qualify as being admissible under LSA-R.S. 15:445 and 446 to establish intent, knowledge or system in accordance with State v. … Defense counsel was well aware of the crimes in Tangipahoa Parish and the amended notice merely corrected the docket number and more clearly set forth the state's reasons for introduction of the evidence.

Simon v. Western Preferred Casualty Co.

491 So. 2d 28 · Louisiana Court of Appeal · May 6, 1986

An odd lot claimant need not be absolutely helpless to qualify for total disability. … The criteria set forth in Lattin for establishment of a prima facie case for classification in the odd lot category have not been met.

Mejia v. Lafayette Consolidated Government

District Court, W.D. Louisiana · Oct 3, 2024

Kelly also asserts qualified immunity “[t]o the extent Plaintiffs intended to also assert § 1983 claims against [Kelly] in his individual capacity;” (Id. at p. 3) however, as Kelly is named only in his official capacity … , the Court need not address the issue of qualified immunity.

Love v. Southern Bell Telephone and Telegraph Co.

263 So. 2d 460 · Louisiana Court of Appeal · Sep 20, 1972

Such items are clearly not deductible in settlement of a potential or pending tort claim. … Further, it is the established law of this state that C.C.

State v. Callahan

47 La. Ann. 444 · Supreme Court of Louisiana · Jul 1, 1895

Or, put in other words, it is that laying the basis for the impeachment of an accomplice constitutes him a witness, entitling him to all the privileges and immunities of a witness. … The judge’s ruling was clearly erroneous, and the accused is entitled to relief.”

Guidry v. Allstate Insurance Co.

11 La.App. 3 Cir. 517 · Louisiana Court of Appeal · Dec 21, 2011

Guidry presented the testimony of Stephanie Chalfin, who was qualified as an expert in Life Care Planning. Ms. … Guidry then presented the testimony of Randolph Rice, who was qualified as an expert in economics, to establish Ms.

Bodcaw Lumber Co. of Louisiana, Inc. v. Jordan

14 So. 2d 98 · Louisiana Court of Appeal · Apr 29, 1943

On November 5, 1940, certain constitutional amendments, submitted by Act 384 of 1940, were adopted by a majority vote of the qualified voters of the State, the Louisiana Tax Commission ceased to exercise its functions, and … Plaintiff is clearly seeking relief in the nature of a refund for taxes claimed to have been paid pursuant to an illegal assessment.

Bruce v. Ford Motor Co.

13 La.App. 3 Cir. 179 · Louisiana Court of Appeal · Dec 18, 2013

An appellate court may not set aside a trial court’s finding of fact absent manifest error or unless the fact finder is clearly wrong. Lewis v. … Bruce’s primary complaint of the engine surging, there is ample evidence in the record establishing what the trial court described as a “litany” of problems.

Rice v. Mesa General Contractor, LLC

986 So. 2d 122 · Louisiana Court of Appeal · May 27, 2008

Rice and Thibodeaux established that work began within two weeks of the contract's execution. … DiLeo, who was qualified as an expert in residential construction, rendered a report on June 15, 2004, that identified several areas of substandard construction.

NEW ORLEANS ELECTRICAL JOINT APPRENT. AND TRAINING COMMITTEE v. Crawford

7 La.App. 5 Cir. 964 · Louisiana Court of Appeal · May 27, 2008

The Committee is an unincorporated association established in Jefferson Parish. … The program was instituted to provide training for qualified individuals to learn the trade of electrician.

SJ Lemoine, Inc. v. St. Landry Parish Sch. Bd.

527 So. 2d 1150 · Louisiana Court of Appeal · Jun 22, 1988

We do not believe that the proof in this record is sufficient, however, to establish that weather has been shown to be a valid excuse justifying any portion of the claimed delay in performance of this contract. … The trial court's findings of fact and calculations in this area must be upheld unless they are clearly wrong or constitute an abuse of discretion.

Senior

District Court, E.D. Louisiana · Feb 3, 2026

income sources (including social security or unemployment payments4) and the demands on his financial resources, including whether expenses are discretionary or mandatory.5 While one need not be absolutely destitute to qualify … Millender, 565 U.S. 535, 132 S.Ct. 1235, 1244–1251, 182 L.Ed.2d 47 (2012) (concluding that officers’ reliance on a facially valid warrant entitled them to qualified immunity despite a claim that they lacked probable cause

State v. Lassere

683 So. 2d 812 · Louisiana Court of Appeal · Oct 1, 1996

Detective Gonzales, who was qualified as an expert witness in the field of narcotics investigation and trafficking, testified at trial that possession of one to three grams of cocaine is consistent with personal use. … Clearly, the evidence seized by the officers was as the result of a search incident to a lawful arrest. Such a search is constitutionally reasonable under the Fourth Amendment.