Case law

State v. Webb

144 So. 3d 971 · Supreme Court of Louisiana · May 7, 2014

See Helms, 452 U.S. at 420 , 101 S.Ct. 2434 (indicating “appellee’s own misconduct [in abandoning his child] had qualified his right to travel interstate.”). … Although the constitutional provision does not define "strict scrutiny,” it is a well-established term of art in law.

Succession of Brown

27 La. 328 · Supreme Court of Louisiana · Apr 15, 1875

Brown, and Gilbert Hawkins, who qualified in October, 1859, died — the former in September, 1864, the latter previous to that time. James A. … We are not satisfied that the evidence clearly establishes a case like that of Lee, 4 An. 518, where the administrator was deprived of his commissions because his administration had been positively injurious to the succession

In re Harlan

250 So. 3d 220 · Supreme Court of Louisiana · May 1, 2018

C.C. art. 1833 so as to qualify as an authentic act, capable of revoking prior testaments pursuant to La. C.C. art. 1607(2). … It is well established that the Legislature is presumed to enact each statute with deliberation and with full knowledge of all existing laws on the same subject.

Forrest v. Hunter

213 La. 693 · Supreme Court of Louisiana · Apr 26, 1948

If it could be said that such judgment on its face recognizes Forrest as the owner of the Hawkins tract, to that extent clearly it is ineffective. … But the judgment, in our opinion, recognizes Forrest as the owner only of that part of the described tract to which he holds a deed, for his recognition as owner is qualified by the clause” * * * as contemplated under his

State v. Birdsell

235 La. 396 · Supreme Court of Louisiana · Jun 27, 1958

He also argues that the sections of the statute violate Section 2 of Article 4, which provides that the citizens of each state shall be entitled to all privileges and immunities of the citizens of the several states, by denying … Clearly under this language an accused charged with possessing a hypodermic needle may show, as a defense, that his possession of such an instrument was not for an unlawful purpose.

Miles v. Dolese Concrete Co.

518 So. 2d 999 · Supreme Court of Louisiana · Jan 18, 1988

Both were of the opinion that the plaintiff's continued rib and head pain was related to his work accident, but those opinions were qualified as to causation. … The Court of Appeal concluded that the trial judge was not manifestly erroneous or clearly wrong in dismissing plaintiff's suit. Based on our independent review of the record we agree. When the opinions of Dr.

State of Louisiana v. Robert Leroy McCoy

218 So. 3d 535 · Supreme Court of Louisiana · Oct 19, 2016

The record clearly reveals the defendant’s awareness of Mr. … (We note that the instant case is clearly distinguishable from Foster v.

State ex rel. Pontchartrain Railroad v. Judge of the Seventh District Court

22 La. Ann. 565 · Supreme Court of Louisiana · Nov 15, 1870

“‘The General Assembly may establish as many district courts as the public interest may require.’ … In order to establish a court in furtherance of public interest, the law must vest it with jurisdiction over subject matters of suit.

Celeste Sugar Co. v. Dunbar-Dukate Co.

160 La. 694 · Supreme Court of Louisiana · Feb 1, 1926

No ratification is therefore established up to that date. … Though placed among its assets, plaintiff may never have known the source of the $278.93, or of the qualifying notation on the check — unless it did, the conclusion of ratification does not follow.

State ex rel. Gallagher v. State

462 So. 2d 1221 · Supreme Court of Louisiana · Jan 14, 1985

It is clearly not the type of maintenance and upkeep work which is excluded from La. R.S. 15:571.10(A). … This plumbing work cannot be construed as a public works project and therefore it does not qualify for mandatory credit under La.R.S. 15:571.10(A).

State ex rel. T.A.

801 So. 2d 351 · Supreme Court of Louisiana · Dec 7, 2001

Legislature, focusing on fiscal restraint and centralized supervision, has seen fit to do otherwise,” and that we were “not | ^empowered to change the law or to apply such law as we might prefer, but rather must enforce clearly … The court of appeal thus concluded that the juvenile court “has the authority to order payment for the relevant services from the Department, unless the Department establishes that such payment would be inappropriate under

In Re Johnson

1 So. 3d 425 · Supreme Court of Louisiana · Jan 21, 2009

R.S. 13:5301, et seq., has been established. That court is now presided over by Judge Anthony Marabel-la. … It is well established that violation of ethics rules by other judges is not a defense to charges of Codal violations.

Johnson v. Wetherspoon

694 So. 2d 203 · Supreme Court of Louisiana · May 20, 1997

recipients, the plan would clearly bear a greater financial burden than the law contemplates that it should. … Under the TRSLA plan, plaintiff—a former spouse—is clearly not entitled to receive any portion of the survivors benefits.

Southern Bell Telephone & Telegraph Co. v. Louisiana Public Service Commission

242 La. 24 · Supreme Court of Louisiana · May 29, 1961

Next it is urged that the “majority has erred in placing a construction on the Commission’s Order No. 6993 which increased the dollar amount of the reduction clearly beyond the amount found to be justified in the Order itself … If it had been intended that the mentioned sum was controlling and conclusive certainly the quoted qualifying phrase would not have been used.

State v. Porter

344 So. 2d 1031 · Supreme Court of Louisiana · Apr 11, 1977

Clearly the items were introduced by the state to tie defendants Lawrence and Dorothy Porter to the house so as to establish that they were guilty of constructive possession of the heroin found in the two burnt caps on the … Officer Ben was qualified as an expert in the field of narcotics and was authorized by the trial judge to give his opinion relative to the identification of marks on the skin caused by the use of narcotics.

Succession of Jacobs

104 La. 447 · Supreme Court of Louisiana · Nov 15, 1900

Jacobs, the brother, qualified as executor. An inventory was made of the property of the succession, showing the value of the whole estate to be $103,74S. … The alleged declarations are not established.

Black v. New Orleans Ry. & Light Co.

145 La. 180 · Supreme Court of Louisiana · Feb 3, 1919

Plaintiffs, four in number, allege that they “are citizens, inhabitants, taxpayers, and qualified electors of the city of New Orleans”; that the city entered into contracts with several street railway companies, which companies … Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interest of the community.’ “In Atlantic Coast Line R. R. Co. v. Goldsboro, 232 U.

Eakin v. Ascension Parish Police Jury

294 So. 2d 527 · Supreme Court of Louisiana · Apr 29, 1974

are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal … Although the nurse's aides were not qualified to do this work, they engaged in other activities also requiring special skills. Mrs.

Chaisson v. Cajun Bag & Supply Co.

708 So. 2d 375 · Supreme Court of Louisiana · Mar 4, 1998

In the instant case, we are first called upon to decide whether hearsay evidence can qualify as competent evidence. … However, even assuming that Chaisson had met her initial burden of proving entitlement to SEBs (which we do not concede), there is sufficient competent evidence in the record to establish that the employer met its burden

Wartelle v. Women's and Children's Hosp., Inc.

704 So. 2d 778 · Supreme Court of Louisiana · Dec 15, 1997

Clearly, the action cannot fit within the first exception in the article because the bystander action belongs to the parents; it is not pursued for the interests of the fetus but for the interests of the bystanders. … Pierre, 402 So.2d 633 (La.1981)(on reh'g), it would be arbitrary and illogical to reward the tortfeasor with immunity from liability because the tortfeasor injured a viable fetus seriously enough to cause its death just before