Case law

Miami Corp. v. State Mineral Board

218 La. 163 · Supreme Court of Louisiana · Jun 30, 1950

These allegations clearly reveal that the advertised Tract 3386 is coincidental with a great portion of the lands claimed by plaintiff. … Hayne, a qualified civil engineer and Chief of the State Land Section of the Department of Public Works, together with maps prepared by -him, which announced his conclusions drawn, from the field notes and plats of the Right

Adams v. Rhodia, Inc.

983 So. 2d 798 · Supreme Court of Louisiana · May 21, 2008

The evidence established the pipeline was dedicated to receive only Exxon products. … He was not qualified as an expert. [10] Rhodia's representative testified that a similar release occurred on July 13, 2001, involving exclusively Exxon spent acid containing insoluble hydrocarbons.

State v. Chism

436 So. 2d 464 · Supreme Court of Louisiana · Jun 27, 1983

In the absence of qualifying provisions, the terms "intent" and "intentional" have reference to "general criminal intent." La.R.S. 14:11. … There was clearly enough evidence to justify the finding that a felony had been completed before any assistance was rendered to Lloyd by the defendant.

State v. Dunn

831 So. 2d 862 · Supreme Court of Louisiana · Nov 1, 2002

Marc Zimmerman, a forensic psychologist, qualified as an expert in that field after the State stipulated to his expertise. … Sara DeLand qualified as an expert in the field of forensic psychiatry.

In Re Monrose

187 La. 739 · Supreme Court of Louisiana · May 24, 1937

As it is established that Thomas M. … Thus, in our ancient jurisprudence the distinction between the legal administration of a father and tutorship was well established.

Perkins v. Entergy Corp.

782 So. 2d 606 · Supreme Court of Louisiana · Mar 23, 2001

We further agree that the trial court was clearly wrong in concluding that the plaintiffs established their cause-in-fact case by a preponderance of the evidence. … that the finding is clearly wrong or manifestly erroneous.

Warren v. Louisiana Medical Mutual Insurance Co.

21 So. 3d 186 · Supreme Court of Louisiana · Jun 26, 2009

This departure from established jurisprudence is unwarranted in this case. … Clearly, under these undisputed facts, any action against these defendants is "perempted" under the provisions of La.

Succession of Kamlade

232 La. 275 · Supreme Court of Louisiana · Feb 25, 1957

As before shown the disposition clearly was not limited to first cousins. … However, it is my opinion that, since it is well established by eminent law writers and a unanimity of opinion in other jurisdictions that the word "cousin", as used in a will, means first cousin, see Black's Law Dictionary

Roberts v. Benoit

605 So. 2d 1032 · Supreme Court of Louisiana · May 28, 1992

The failure to adequately train Deputy Benoit clearly was a cause in fact of plaintiff's injuries. … He believed specific, concrete duties must be ascertained in order to establish the purpose of the duty and then to determine how far the duty extends.

Barnard v. Erwin

2 Rob. 407 · Supreme Court of Louisiana · Jun 15, 1842

That, on the decease of their mother, their father became their tutor, and was duly qualified as such. … It waso clearly the intention of the legislature to secure to the minor the faithful administration of the tutor up to the moment of his final discharge, and, therefore, the amount secured by the mortgage is not necessarily

State v. Foy

278 So. 2d 38 · Supreme Court of Louisiana · May 7, 1973

Appellant further argues that the use of records of the Registrar of Voters restricts the representation of qualified Negroes. He cites Alexander v. … In Alexander , appellant established a prima facie case of discrimination by showing a "systematic", "progressive decimation" of Negroes through several steps in this selection process, plus clearly visible racial identification

Livingston Downs Racing Ass'n v. State

705 So. 2d 149 · Supreme Court of Louisiana · Jan 7, 1998

The evidence in this case shows that the main thrust behind the establishment of offtrack wagering was a way to increase the economy of the racing industry. … .. (7) Creating private corporations, or amending, renewing, extending, or explaining the characters thereof; granting to any private corporation, association, or individual any special or exclusive right, privilege, or immunity

State v. Brazile

226 La. 254 · Supreme Court of Louisiana · Nov 8, 1954

Wherein do the statements given by these two defendants establish in your mind, a conflict ? A. … This clearly shows that he was placed in a position beyond his control.

State Ex Rel. Lcb

805 So. 2d 159 · Supreme Court of Louisiana · Jan 15, 2002

The court was particularly concerned that school was about to start and wanted L.C.B. established in his placement prior to the beginning of the school year. … C. could qualify as an adoptive parent in light of his desire to adopt L.C.B. and that it had decided that L.C.B. would remain with Mr. C. until the agency could determine whether Mr.

State v. Stell

206 La. 770 · Supreme Court of Louisiana · Nov 6, 1944

, and hence that the jury commission, which the law requires shall be constituted of five members with the clerk or his chief deputy, was not established and, not having come into existence, could not legally have performed … Hence it is clearly within the authority, and is, moreover, the plain duty of a district judge to see that all the proceedings in his court, and particularly those which underlie trials by jury, involving human life, are

Peterson v. Moresi

191 La. 932 · Supreme Court of Louisiana · Jan 10, 1939

This is clearly a real action, unaffected by the prescription of ten years.” In Mussina v. … “This plea is based on article 3544 of the Civil Code, which establishes a prescription of ten years for all personal actions' in general. “In our opinion, the pleaded prescription is not applicable.

Andrus v. Parish Board of Directors

108 La. 386 · Supreme Court of Louisiana · Jul 1, 1902

It is further admitted that students from any portion of the pariah, who are qualified to enter, are admitted to both,of the (high schools.” … Whether the obligations for the year 1900 had been paid, exclusvely, from the revenues of that year, collected in 1901, is not clearly shown, nor does the contrary appear.

State v. Tharp

284 So. 2d 536 · Supreme Court of Louisiana · Sep 24, 1973

Rives need not answer, on cross-examination, the incomplete question "What law do you rely on that makes you immune from this offense, when you carry—". … Defense counsel then asked to put on evidence out of the presence of the jury to establish those facts.

Carter v. Haygood

892 So. 2d 1261 · Supreme Court of Louisiana · Jan 19, 2005

I also agree with the court of appeal's determination that the trial court was clearly wrong in finding that Dr. … To qualify a witness as a medical expert, it must be shown that the witness (1) has the required professional knowledge, learning, and skill of the subject under inquiry sufficient to qualify him to speak with authority on

State Ex Rel. Le Blanc v. Democratic State Central Committee

229 La. 556 · Supreme Court of Louisiana · Feb 20, 1956

LSA-R.S. 18:358 is clearly inapplicable and not controlling in the present controversy. … This doctrine was clearly announced in the case of Reid v. Brunot, 153 La. 490 , 96 So. 43 .