enumerated factors in Louisiana

2012Curole v. Curole, 02-1891 (La.10/15/02), 828 So.2d 1094 .

2010Curole v. Curole, 02-1891 (La. 10/15/02), 828 So.2d 1094 .

2010In finding that the trial court committed legal error, the majority opinion references the case of Leger v. Leger, 03-419 (La.App. 3 Cir. 7/2/03) , 854 So.2d 955 , to stand for the principle that although the trial court is not required to specifically list each of the enumerated factors of La.

2010In finding that the trial court committed legal error, the majority opinion references the case of Leger v. Leger, 03-419 (La.App. 3 Cir. 7/2/03) , 854 So.2d 955 , to stand for the principle that although the trial court is not required to specifically list each of the enumerated factors of La.

2006McCastle, 456 So.2d at 617-18 .

2006McCastle, 456 So.2d at 617-18 .

2014This Court enumerated factors that may be relevant to determining adequacy in Davis as follows: (1) The representative must be able to demonstrate that he or she suffered an actual-vis-á-vis hypothetical-injury; (2) The representative should possess first hand knowledge or experience of the conduct at issue in the litigation; (3) The representative’s stake in the litigation, that is, the substantiality of his or her interest in winning the lawsuit, should be significant enough, relative to that of other class members to ensure that representative’s conscientious participation in the litigation

2009Specifically, the court enumerated the factors listed in Harrington v. Hebert, 00-1548 (La.App. 3 Cir. 5/23/01) , 789 So.2d 649 , and determined that the Bank’s selection, control, and power of dismissal regarding Mr. Burks establish that he was an employee, not an independent contractor.

2009State v. Hernandez, 98-448, p. 15 (La.App. 5 Cir. 5/19/99), 735 So.2d 888, 897 , writ denied, 98-1688 (La.11/12/99), 750 So.2d 194 , citing State v. Jackson, 625 So.2d 146, 149 (La.1993).

2009State v. Hernandez, 98-448, p. 15 (La.App. 5 Cir. 5/19/99), 735 So.2d 888, 897 , writ denied, 98-1688 (La.11/12/99), 750 So.2d 194 , citing State v. Jackson, 625 So.2d 146, 149 (La.1993).

1998Additionally, the Fifth Circuit asserted that “coercive interrogation may still be found to have occurred even if all the above enumerated factors operate in the employer’s favor.” Id., 5 F.3d at 928 , citing Brookwood, 701 F.2d at 461 .

1998Additionally, the Fifth Circuit asserted that “coercive interrogation may still be found to have occurred even if all the above enumerated factors operate in the employer’s favor.” Id., 5 F.3d at 928 , citing Brookwood, 701 F.2d at 461 .

1998Additionally, the Fifth Circuit asserted that “coercive interrogation may still be found to have occurred even if all the above enumerated factors operate in the employer’s favor.” Id., 5 F.3d at 928 , citing Brookwood, 701 F.2d at 461 .

1998It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, of the nature of any such evidence it intends to introduce at trial for such purposes, or when it relates to conduct that constitutes an integral part of the act or transaction that is the subject of the present proceeding." One of the above enumerated factors must be at issue, have some independent

1995Id.

1993State in Interest of D.L., 457 So.2d 141 (La.App. 2d Cir.1984); State in Interest of K.D. and T.F., supra; State v. State in Interest of Moore, supra. Each case must be individually examined because none of the above enumerated factors, standing alone, is determinative of parental responsibility.

1993State in Interest of D.L., 457 So.2d 141 (La.App. 2d Cir.1984); State in Interest of K.D. and T.F., supra; State v. State in Interest of Moore, supra. Each case must be individually examined because none of the above enumerated factors, standing alone, is determinative of parental responsibility.

1993State in Interest of K.D. and T.F., supra. The court's abandonment determination is based on the totality of the circumstances involved in that case.

1993State in Interest of D.L., 457 So.2d 141 (La.App. 2d Cir.1984); State in Interest of K.D. and T.F., supra; State v. State in Interest of Moore, supra. Each case must be individually examined because none of the above enumerated factors, standing alone, is determinative of parental responsibility.

1990In State v. Brown, 414 So.2d 689 (La. 1982), the State made written demand on defendant for notice of alibi witness six months prior to trial.

1988In our opinion, the enumerated factors justify some adjustment, and, as did the court in Black, supra, we also prefer to consider mathematical projections of future earnings as only one of several guides relevant to the determination of this award.

1980The court enumerated the factors listed by this court in State v. Mitchell, supra, as relevant in determining if an oral statement was obtained by exploitation of the illegal arrest.