Case law

Philip Shelton v. Nancy Pavon

236 So. 3d 1233 · Supreme Court of Louisiana · Oct 18, 2017

party could defame or invade the privacy of a person involved in a divorce proceeding, traffic violation, child custody dispute, marriage, mortgage registration, passport application, or driver's licence renewal and be immunized … Rather than immunize a person from the legal repercussions of statements defaming or invading the privacy of another, its application requires a two-part burden-shifting analysis: "the mover must first establish that the

Landiak v. Richmond

899 So. 2d 535 · Supreme Court of Louisiana · Mar 30, 2005

Richmond clearly established his intent to change his domicile from his domicile of origin at his family's home at 8701 Lomond Road in Council District D to 4809 Eastview Drive in Council District E. … Those two pieces of evidence clearly show that Mr. Richmond continued to consider the 4809 Eastview Drive address as his "principal establishment" at least through September 9, 2003.

Austin v. Abney Mills, Inc.

824 So. 2d 1137 · Supreme Court of Louisiana · Sep 4, 2002

As so clearly pointed out in O'Regan v. … Malone & Johnson, § 361. [2] In sum, under well-established law, because this plaintiff clearly has a remedy in workers' compensation for his occupational disease, he is precluded from seeking recovery in tort.

Rebel Distributors Corp. v. Luba Workers' Comp.

144 So. 3d 825 · Supreme Court of Louisiana · Oct 15, 2013

given the quid pro quo underpinnings of the workers’ compensation *843 remedy as between the injured worker, who foregoes his remedy in tort in return for certain compensation for his injury, and his employer, who receives immunity … However, every claim or payment under the workers’ compensation laws, even those by qualified health care providers for | .

State v. Burnette

353 So. 2d 989 · Supreme Court of Louisiana · Dec 19, 1977

A clearly erroneous decision on this question of balancing probative value against danger of prejudicial effect will be corrected on appeal as an abuse of discretion. … This evidence of a threat to have Saltzman killed is insufficient to qualify as substantial evidence of the attempted murder at least indirectly or impliedly referred to by the prosecuting attorney in his opening statement

Russo v. Burns

147 So. 3d 1111 · Supreme Court of Louisiana · Sep 24, 2014

The trial court disqualified Burns as a candidate, finding Russo had established a pri-ma facie case which had not been effectively rebutted. Burns appealed. … Burns clearly exercised his reasonable best efforts to file his tax returns prior to qualifying for office. Therefore, the defendant here should be deemed as a qualified candidate for district attorney. . La.

Allopathic State Board of Medical Examiners v. Fowler

50 La. Ann. 1358 · Supreme Court of Louisiana · May 16, 1898

To regulate implies that the business or profession may be carried on subject to established methods. To create is to establish; to give birth; to put into existence. … The right to practise medicine being conditioned by law upon the prior obtaining of a certificate from a medical board, under Act No. 49 of 1894, plaintiffs were clearly authorized, when they had reason to believe that defendant

Edwards v. Town of Ponchatoula

213 La. 116 · Supreme Court of Louisiana · Jan 12, 1948

It is their further argument that the ordinance is grossly unreasonable and tends to establish the dangerous precedent of permitting a corporation to barter for tax immunity for a stipulated sum, thereby discriminating against … It is clearly within the province of the legislature in all cases where there is no constitutional inhibition, to place a limit upon the time within which such matters may be contested in the courts.

State v. Dupré

42 La. 561 · Supreme Court of Louisiana · May 15, 1890

It is elementary that exemption laws must be strictly construed and that whoever claims an immunity under them, must show himself quite clearly entitled to it. … This clearly shows that it never was supposed that the article involved could mean anything of the kind. The other means of defence resorted to should not avail.

Turner v. Busby

883 So. 2d 412 · Supreme Court of Louisiana · Sep 9, 2004

The above language contemplates three distinct methods by which an illegitimate child's filiation to a parent may be "established in the manner provided by law," therefore qualifying him as one of the decedent's "children … Since the Louisiana Civil Code clearly sets forth two other methods by which a person may qualify as a child, I disagree with the majority's conclusion. Accordingly, I would find that Mr.

Everett v. Goldman

359 So. 2d 1256 · Supreme Court of Louisiana · May 22, 1978

Thus the patient of a health care provider who has not qualified is no different from any other tort or contract victim, while the patient of a qualified health care provider (one who has qualified under the act) is regulated … The provisions of Article 3, sections 12(A)(7) and 12(B) are clearly inapplicable.

Becker v. Dean

854 So. 2d 864 · Supreme Court of Louisiana · Sep 26, 2003

Bernard Parish for at least two (2) years immediately preceding the time established by law for qualifying for office. Thus, in order for defendant to qualify for councilman-at-large (East), § 2.01(e) of the St. … Bernard Parish for at least two (2) years immediately preceding the time established by law for qualifying for office. [Emphasis added.]

Showboat Star Partnership v. Slaughter

789 So. 2d 554 · Supreme Court of Louisiana · May 11, 2001

Tax exemptions, being an exceptional privilege, must be expressly and clearly conferred in plain terms, and accordingly are strictly construed against the taxpayer. McNamara v. … With the abolition of sovereign immunity came a trend to permit equitable estoppel to be invoked against the government in tax matters. See Michael A.

State Ex Rel. Higgins v. Aicklen

167 La. 456 · Supreme Court of Louisiana · Nov 26, 1928

If a proclamation of the Governor purporting to create a municipal corporation, under authority of' the eleventh section of the Act 136 of 1898, were immune from judicial investigation, that part of section 2593 of the Revised … The application of this remark will be perceived by adverting to the act of Congress for establishing the department of foreign affairs.

State v. Jones

363 So. 2d 455 · Supreme Court of Louisiana · Oct 9, 1978

." *457 Subsequent discussion between the court and the prosecutor wherein the prosecutor communicated a willingness to grant immunity in exchange for DeGreat's testimony again established that the court's concern in "upholding … established that he was not relying on any constitutional right he possessed.

Francis v. Morial

455 So. 2d 1168 · Supreme Court of Louisiana · Sep 10, 1984

The New Orleans home rule charter establishes an aviation board consisting of five members to be appointed by the Mayor with the approval of the city council. … Home rule abilities and immunities are bestowed by the constitution in terms too full and general to warrant narrow construction of them by the courts. Kean, supra at 66.

Hanks v. Seale

904 So. 2d 662 · Supreme Court of Louisiana · Jun 17, 2005

R.S. 40:1299.41 et seq., to establish a framework for compensating persons *666 who are injured as a result of medical malpractice committed by qualified health care providers. Bijou v. Alton Ochsner Med. … The Bennett holding is clearly inapplicable in this case, however, since there is no dispute that the defendant physicians are qualified health care providers under the MMA.

State v. Feeback

414 So. 2d 1229 · Supreme Court of Louisiana · May 17, 1982

In the instant case, the items in question clearly tend to prove the commission of the charged offenses. … Clearly, defendant was not prejudiced by the joinder of the offenses.

Deshotel v. Guichard Operating Co., Inc.

916 So. 2d 72 · Supreme Court of Louisiana · Dec 20, 2004

Therefore, we find that the lower courts did not err in granting summary judgment, as the legislature clearly intended that employers enjoy statutory immunity for tort claims pursuant to the provisions of LSA-R.S. 23:1032 … It is well-established that Mr. Deshotel's injury and subsequent death are the result of an accident which occurred during the course and scope of his employment for Guichard.

State v. Edmondson

714 So. 2d 1233 · Supreme Court of Louisiana · Jul 8, 1998

The record clearly establishes that Edmondson pursued and received an informal agreement that she would not be prosecuted in the murder of William Savage in exchange for her cooperation in prosecuting her accomplice for that … We cannot say that the trial court's determination that Edmondson's statement was voluntary is clearly unsupported by the evidence.