Case law

Rachal v. Department of Wildlife

918 So. 2d 570 · Louisiana Court of Appeal · Dec 30, 2005

that a reasonable trier of fact would not credit the witness's story, a trier of fact's findings based on its decision to credit the testimony of one or two or more witnesses can virtually never be manifestly erroneous or clearly … Defendants did not establish that the complaint was true or that a privilege is applicable to Lt. Fannin's publication of the defamatory report. The LDWF agents who Lt.

Richardson v. Kansas City Southern Railway Co.

731 So. 2d 1017 · Louisiana Court of Appeal · Apr 1, 1999

Further, the record clearly documents where and when |nthe number was used. … a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified

Forbes v. Cockerham

985 So. 2d 86 · Louisiana Court of Appeal · Mar 7, 2008

Before an appellate court can reverse a fact-finders determinations, it must find from the record that a reasonable factual basis does not exist for the findings and that the record establishes that the findings are clearly … Because the evidence establishes that a reasonable factual basis exists for the jury's findings, they are not clearly wrong or manifestly erroneous. Stobart v.

In re Dauterive

251 So. 3d 1204 · Louisiana Court of Appeal · Jul 18, 2018

Thus, the electronic withdrawal of "funds" qualified as a corporeal movable. … Ricks, both of whom were intimately acquainted with the facts and offered unique insights into the family relationships, was clearly more credible than that of Mrs. Vairin.

U-Finish Homes, Inc. v. Lanzl

202 So. 2d 339 · Louisiana Court of Appeal · Jun 30, 1967

mean that, where a contractor sues on a building contract and it is shown that the work delivered is defective or unfinished, the contractor is, nonetheless, entitled to recover the contract price if the defendant fails to establish … Lobdell, a well qualified architect, appraiser and building contractor, whose testimony was fully corroborated by that of Mr. James H. Heap, a contractor in the 'Covington area.

Pittman v. Campbell

District Court, E.D. Louisiana · Jan 31, 2025

And its reasoning clearly extends to the Jasper County Justice Court. … Causey, 124 F.4th 325, 47 The Court decides not to reach whether sovereign immunity or qualified immunity applies to the remaining defendants (apart from Campbell) with respect to Pittman’s § 1983 claims because the

Landry v. LOUISIANA CITIZENS PROPERTY INS.

983 So. 2d 66 · Supreme Court of Louisiana · May 21, 2008

Additionally, defendant argued that the parties validly opted out of the Valued Policy Law because of the use of the qualifying language required by La. R.S. 22:695(A). … R.S. 22:695 is the Standard Fire Policy established in La. R.S. 22:691.

Noland v. Noland

16 La.App. 3 Cir. 641 · Louisiana Court of Appeal · Apr 26, 2017

If it does not process information correctly, then the disability has to be “remediated” by a qualified educator by use of certain techniques. … It is Ryan’s contention that the trial court erred in establishing itself as a “safety monitor” for the children rather than placing the children with Ryan. We disagree.

Johnson v. Fidelity & Casualty Insurance Co.

618 So. 2d 651 · Louisiana Court of Appeal · May 5, 1993

An odd lot claimant need not be absolutely helpless to qualify for total disability. … Plaintiff in this instance does not meet the designated criteria established by the jurisprudence, and the evidence at trial establishes that there were a number of job descriptions which Mr.

Maybrier v. Louisiana Medical Mutual Insurance

8 La.App. 3 Cir. 1508 · Louisiana Court of Appeal · Jun 10, 2009

Green, who the patient would have used to perform the prostate surgery was any more qualified or specialized in that area of medicine than Dr. LaNasa. … Clearly the law has acknowledged that specialists are in a superior position within their field than that of a general practitioner.

State of La. v. Department of Energy

507 F. Supp. 1365 · District Court, W.D. Louisiana · Feb 20, 1981

It was to control inflation by limiting the price of oil then being produced to an established “ceiling price”. … On the other hand, there may be LOC units that clearly qualify, but not because they are LOC units.

Woodrow Wilson, Jr. v. Town of Mamou

Louisiana Court of Appeal · Dec 19, 2007

Accordingly, we find the immunity statutes inapplicable. … Even though the trial court obviously found the sister’s testimony was not credible, the record clearly establishes, as borne out by the witnesses, that several minutes prior to the fatal shooting, Ms.

State v. Maxie

653 So. 2d 526 · Supreme Court of Louisiana · Apr 10, 1995

This evidence overwhelmingly established the defendant's specific intent to kill or to inflict great bodily harm. Resistance and Force The victim's utmost resistance was also clearly established. … Q —gets established? A Once the crime guilt is established. (Emphasis added.) Defense counsel then unsuccessfully moved to challenge Ms. Rains for cause. Based on a reading of the entire voir dire of Ms.

Patricia Parker v. Town of Woodworth

Louisiana Court of Appeal · Mar 4, 2015

And the inquiry is not as forgiving as the one employed in the distinct context of deciding whether an officer is entitled to qualified immunity for a constitutional or statutory violation. … The basis of the Town of Woodworth’s liability as Godwin’s employer is clearly established in the record.

Goffner v. Avondale Industries, Inc.

District Court, E.D. Louisiana · Dec 1, 2022

Indeed, the Court finds Avondale has established elements one and three R. … The Standard for Establishing a Colorable Federal Defense.

Pesnell v. Sessions

274 So. 3d 697 · Louisiana Court of Appeal · May 22, 2019

XII, § 3, clearly authorizes the legislature to establish laws that provide exceptions to the right to observe the deliberations of public bodies and examine public documents. La. … Unless the fundamental rights, privileges and immunities of a person are involved, there is a strong presumption that the legislature in adopting a statute has acted within its constitutional powers.

Marrogi v. Gerber

2000 La.App. 4 Cir. 1091 · Louisiana Court of Appeal · May 16, 2001

Marrogi to produce factual support sufficient to establish that he would be able to satisfy his evidentiary burden at trial. In his second assignment of error, Dr. … Marrogi’s failure to present sufficient evidence to defeat the motion for summary judgment once the burden shifted to him, the grant of summary judgment was clearly in keeping with the law and the evidence.

Ieyoub v. Polito

712 So. 2d 692 · Louisiana Court of Appeal · May 15, 1998

However, a person holding an elective office shall continue to serve and perform the duties of that office until his successor has qualified. LSA-R.S. 42:65(B). … As such, the holding of both positions in the same political subdivision is clearly prohibited by LSA-R.S. 42:63(D).

Robertson v. Doug Ashy Building Materials, Inc.

168 So. 3d 556 · Louisiana Court of Appeal · Dec 23, 2014

And I clearly — I clearly read what they said. They went — they didn’t have to do it, but they went at length and described why Dr. Mark should be allowed to give his opinion. … Furthermore, as previously set forth, in Robertson III, 77 So.3d at 352, this court clearly held that the plaintiffs had put forth sufficient evidence establishing genuine issues of material fact such “that Sherwin-Williams

Barriere Constr. Co. v. Parish of Tangipahoa

259 So. 3d 458 · Louisiana Court of Appeal · Sep 24, 2018

Once the public entity establishes a requirement, that requirement must be uniformly followed by all bidders. Subsections (C) and (D) of LSA-R.S. 38:2214 provide: C. … Such errors must be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the bid sought to be withdrawn.