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  • Loretta Brehm Versus John ("johnny") I. Shaddinger, Jr. and Jon Gegenheimer, in His Official Capacity as Clerk of Court for the Parish of Jefferson, State of Louisiana

    Louisiana Court of Appeal · Feb 10, 2021

    Stated another way, the party on which the burden of proof rests must establish a prima facie case. … Brehm relied on the following to establish a prima facie case that Mr.

    Cited 0 timesUnknown
  • Morales v. Pan American Life Insurance

    718 F. Supp. 1297 · District Court, E.D. Louisiana · Jul 31, 1989

    Clearly, if these claims were based on Louisiana law, they would be preempted because they “relate to” an employee benefit plan and they do not regulate insurance. 9 See Pilot Life Insurance Company v. … There are three types of available annuities: (1) qualified joint and 100% survivor annuity; (2) qualified joint and one-half survivor annuity; or (3) single life annuity. See Plan, Article VII, § 7.03 and 7.04. 7 .

    Cited 20 timesPublished
  • Cline v. Cheema

    2011 La.App. 4 Cir. 1029 · Louisiana Court of Appeal · Feb 22, 2012

    Accordingly, we may not set aside the trial court’s findings unless, in view of the entire record, they are manifestly erroneous or clearly wrong. … First, we must conclude that there is no reasonable factual basis for the trial court’s award, and second, we must conclude that the award is clearly wrong. Kaiser v.

    Cited 5 timesPublished
  • Hibernia Nat. Bank v. Rivera

    7 La.App. 5 Cir. 962 · Louisiana Court of Appeal · Sep 30, 2008

    Where business records are concerned, as in the present case, the courts have deemed La.C.C.P. art. 967 satisfied when the affiant is qualified to identify the business records as such. … The documents clearly reflect these facts, and do not result in any confusion or question of material fact. Thus, we find no merit in this assignment of error. Finally, Mr.

    Cited 34 timesPublished
  • JCM Const. Co., Inc. v. Orleans Parish School Bd.

    860 So. 2d 610 · Louisiana Court of Appeal · Nov 17, 2003

    Gegg qualified for surety credit through the SBA because of his character, job experience and financial statements. … The trial court qualified him as an expert in analyzing accounting and financial information. He was not qualified as an expert in economic analysis. Mr.

    Cited 10 timesPublished
  • State v. GT, JR.

    71 So. 3d 394 · Louisiana Court of Appeal · Jun 15, 2011

    THE COURT: You are trying to add that language to a felony and qualify a felony. But that’s only qualifying the type of crime that a juvenile could be considered as a habitual offender, as I read it. … I mean, it doesn’t qualify that. So, that leads me to believe that my interpretation is correct.

    Cited 8 timesPublished
  • Mid-City Automotive, L.L.C. v. State of Louisiana, The Department of Public Safety & Corrections Office of State Police

    Louisiana Court of Appeal · Apr 8, 2022

    Sovereign immunity bars a court from exercising jurisdiction in suits against the state unless the state has elected to waive its immunity. See Coleman v. … relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed; ( 2) the merits and demerits must be weighed in each case by looking to the prior history of the rule in

    Cited 0 timesUnknown
  • Mid-City Automotive, L.L.C. v. State of Louisiana, The Department of Public Safety & Corrections Office of State Police

    Louisiana Court of Appeal · Apr 8, 2022

    Sovereign immunity bars a court from exercising jurisdiction in suits against the state unless the state has elected to waive its immunity. See Coleman v. … relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed; ( 2) the merits and demerits must be weighed in each case by looking to the prior history of the rule in

    Cited 0 timesUnknown
  • Darrin Morgan and Kimberly Kay Morgan, on behalf of their minor child, Layla Rae Morgan, f/k/a Malayshia Denise Kinchen v. State of Louisiana through the Department of Children and Family Services, Leonard Burton and Christel Burton

    Louisiana Court of Appeal · Feb 21, 2020

    After reviewing the parties' responses to the directives set forth in this court' s show cause order, we conclude that the parties have failed to establish or otherwise show by briefs that the March 29, 2019 judgment is … In the absence of a valid final judgment clearly stating the party or parties in favor of whom the ruling is ordered and the exact relief granted or denied by the judgment, we are constrained to conclude that this court

    Cited 0 timesUnknown
  • Cellular One, Inc. v. Boyd

    653 So. 2d 30 · Louisiana Court of Appeal · Mar 3, 1995

    Also, should any customer cancel, any retractions the former employee might have qualified to receive will be applied to the noncompetition payment. . . . . … Further, the geographic and time limitations are clearly specified in the contract and comply with the statutory guidelines.

    Cited 24 timesPublished
  • Smith v. LOUISIANA HEALTH & HUMAN RES.

    637 So. 2d 1177 · Louisiana Court of Appeal · May 18, 1994

    Krebs clearly was a well-qualified expert witness. … that the finding is clearly wrong (manifestly erroneous).

    Cited 8 timesPublished
  • Barlow v. BP Exploration & Production, Inc

    District Court, E.D. Louisiana · Aug 9, 2022

    , discretionary function immunity, and the implied conflict preemption doctrine. … Seaman Status To qualify as a Jones Act seaman, a worker must “contribute[] to the vessel or to the accomplishment of its mission.”

    Cited 0 timesUnknown
  • State ex rel. Department of Highways v. Smith

    270 So. 2d 178 · Louisiana Court of Appeal · Nov 13, 1972

    The record establishes that to restore the premises to the former condition, extensive repair of the pond will be required. … The trial court’s reasons for judgment clearly indicate he did not fix the fees in this instance purely on the contract agreement between defendant and defendant’s experts.

    Cited 7 timesPublished
  • State v. Thomas

    15 La.App. 5 Cir. 759 · Louisiana Court of Appeal · May 12, 2016

    As a result, under the Jackson standard, a review of the record for sufficiency of the evidence does not require’ the reviewing court to determine whether the evidence at the trial' established guilt beyond a reasonable doubt … He is clearly familiar with the designs of Chrysler vehicles, including the Dodge Avenger. He owns two of those Dodge Avengers.

    Cited 6 timesPublished
  • State v. Gaudin

    493 So. 2d 234 · Louisiana Court of Appeal · Jul 23, 1986

    It is apparent that Fields' testimony regarding how Gaudin knew he was a police officer was relevant and clearly testimony that the state could pursue. … Although a sentence is within the limits established by statute, it may be held to be excessive. State v. Sepulvado, 367 So.2d 762, 767 (La.1979).

    Cited 10 timesPublished
  • Odell v. Odell

    14 La.App. 3 Cir. 250 · Louisiana Court of Appeal · Jun 4, 2014

    The trial court clearly erred as a matter of law in awarding attorney’s fees purportedly under R.S. 9:355.6. Discussion Relocation Request Ms. … Kel-lerhuis would be qualified for a number of jobs in the Lafayette area, and she could earn a salary in the mid-$30,000 range. While Ms.

    Cited 5 timesPublished
  • Durant v. Gretna City

    District Court, E.D. Louisiana · Aug 27, 2021

    Gretna, Chief Lawson, and “Unidentified Parties.”14 On November 4, 2019, Defendants filed a motion for summary judgment asserting qualified immunity.15 On January 17, 2020, the Court granted in part and denied in part Defendants … Defendants sought interlocutory review of this Court’s denial of qualified immunity, which the Fifth Circuit affirmed on September 23, 2020.16 On July

    Cited 0 timesUnknown
  • State v. Washington

    86 So. 3d 697 · Louisiana Court of Appeal · Feb 1, 2012

    Weaver was qualified as an expert in identification of street drugs and also testified as a fact witness. … The testimony of the officers, Howard and the video recording submitted into evidence established that Howard, an established confidential informant, went to Washington’s home in an attempt to buy drugs.

    Cited 7 timesPublished
  • Matter of Carline Tank Services, Inc.

    627 So. 2d 669 · Louisiana Court of Appeal · Aug 13, 1993

    Clearly, where a constitutional issue is at stake, these groups would have standing to present them. … The legislature clearly has the power to define the scope of appellate review as to administrative agency determinations under La. Const. Art.

    Cited 14 timesPublished
  • Best v. State Farm Fire and Cas. Co.

    969 So. 2d 671 · Louisiana Court of Appeal · Oct 10, 2007

    In order to satisfy the aforementioned conditions, the insured need not establish that the wind actually created a hole in the structure, but instead must only demonstrate that the direct force of the wind created an opening … Thus, in accord with general rules of proximate cause, water entering a structure through a breach caused by the impact of a wind-blown object qualifies as damage by wind, bringing the loss under the policy coverage.

    Cited 10 timesPublished

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