Case law

BP Oil Co. v. Plaquemines Parish Gov.

651 So. 2d 1322 · Supreme Court of Louisiana · Jan 27, 1995

Nevertheless, the final bill clearly did not achieve that objective. … There clearly was a genuine issue of material fact as to BP's good-faith belief that it had fulfilled its tax obligation.

Hartwig Moss Ins. Agency, Ltd. v. Board of Com'rs

206 La. 395 · Supreme Court of Louisiana · Jun 26, 1944

That is clearly good law, but has no application to the facts presented here. … Such, we think, was never contemplated by the Legislature, for certainly it did not intend to lay down a rule which would’ violate the established public policy of the state.

State v. Smith

637 So. 2d 398 · Supreme Court of Louisiana · May 23, 1994

Nonetheless, as used in Smith and in the context of the entire charge with its qualifying language, and notwithstanding that there appears elsewhere the words "real, tangible, substantial basis" and "substantial doubt," the … Clearly, strongly and uncompromisingly directing the jury's focus to the evidence is of utmost importance.

Citizens Sav. and Loan Ass'n v. Kinchen

622 So. 2d 662 · Supreme Court of Louisiana · Aug 2, 1993

Those facts are not sufficiently akin to the facts of the present case to qualify Fuselier as an example that should be followed here. … Under these circumstances, I believe Hart clearly subrogated his right to appoint an appraiser to Ritter and Kinchen, and retained no independent right to appoint an appraiser.

American Bakeries Co. v. Louisiana State Board of Health

186 La. 433 · Supreme Court of Louisiana · Feb 1, 1937

This clearly appears from the language of the article, which reads as follows: “Art. 215. … It may be assumed that the truck farmers have become so accustomed to the smell of rotten shrimp that they have become immune to that particular odor.

Shreveport & Red River Valley Railway Co. v. State Board of Appraisers

52 La. Ann. 1931 · Supreme Court of Louisiana · Jun 15, 1900

January 1st, 1904; provided, that when aid has heretofore been voted by any parish, ward, or municipality toi any railroad not yet constructed, such railroad ■shall not be entitled lo the exemption from taxation herein established … Upon this basis, the position of the plaintiff is -clearly and tersely stated by the learned judge of the District Court, in his able and carefully reasoned opinion, as follows:— “ Plaintiff’s contention was1 that it was

Watkins v. Lake Charles Memorial Hospital

144 So. 3d 944 · Supreme Court of Louisiana · Mar 25, 2014

a framework for compensating individuals injured as a result of medical malpractice committed by qualified health care providers. … In the instant case, the procedures established by LSA-R.S. 40:1299.43 were followed by the lower courts.

Olds v. Ashley

250 La. 935 · Supreme Court of Louisiana · Jun 5, 1967

Tucker, a qualified surgeon practicing in Shreveport. … that the trial judge clearly abused the discretion vested in him by granting her the nominal sum of $250 as compensatory damages for her injuries.

Police Jury ex rel. New Orleans, Opelousas & Great Western Railroad v. Succession of McDonogh

8 La. Ann. 341 · Supreme Court of Louisiana · Jun 15, 1853

Erancisville, and its establishment at another point in the parish of West Feliciana, was submitted to the vote of the people of the parish. Acts of 1839, p. 53. … In just deference to a co-ordinate department of the government, it is always to be presumed that a statute is conformable to the Constitution, and has the force of law, until the contrary is clearly shown. Norwich v.

Hibbert v. Mudd

294 So. 2d 518 · Supreme Court of Louisiana · Apr 29, 1974

No administrator was appointed or qualified. … No *523 administrator or other succession representative was ever appointed or qualified in the succession proceedings. Even if payment had been made by Hibbert, there was no person qualified to cash these checks.

Goldman v. Goldman

50 La. Ann. 29 · Supreme Court of Louisiana · Jun 22, 1897

From the foregoing statement two propositions are clearly established, viz.: (1) that the plaintiff is indebted to the defendant on a fair, final settlement of the partnership accounts in the full amount of the award, if … This situation of affairs is clearly shown in this case.

State v. Massey

436 So. 2d 522 · Supreme Court of Louisiana · Jun 27, 1983

He further admitted that he was not qualified to give an opinion on defendant's state of intoxication since he too had been drinking. Sal Cusimano, the owner and operator of Sal's and Q.C.' … We find that neither of the remaining assignments of error present reversible error, nor do they involve legal issues not governed by clearly established principles of law.

McNeely v. McNeely

50 La. Ann. 823 · Supreme Court of Louisiana · Jan 24, 1898

right to have said will probated and himself put in possession as testamentary executor on qualifying as well as to be recognized as universal legatee and put in possession of the estate. … The article in question, whatever may be its scope or interpretation, was clearly not intended to apply to a case where a succession is accepted under benefit of inventory, and where its property has never been placed in

King v. Parish National Bank

885 So. 2d 540 · Supreme Court of Louisiana · Oct 19, 2004

requiring him to obtain and pay for so-called "current" appraisals, (2) by failing to afford him the opportunity to select and/or utilize an appraisal service, and/or appraiser who was knowledgeable, experienced, competent and qualified … In the present case, defendants argue that King's cause of action arising from defendants' alleged bad faith dealings in the 1993 workout is clearly a lender liability claim based on oral representations and course of dealing

Hargrave v. State

100 So. 3d 786 · Supreme Court of Louisiana · Oct 16, 2012

The 2003 amendment also added paragraphs 3(b) and 3(c) to grant the counselor limited immunity from tort and to allow the employer to compel the employee’s cooperation in the rehabilitation process. … Thus, the legislature clearly recognized a right of the employee to challenge the quality of the vocational rehabilitation services and, consequently, set forth a procedure for resolving any disputes concerning the work of

State v. Cass

356 So. 2d 396 · Supreme Court of Louisiana · Dec 19, 1977

On direct examination, Deputy Jim Hood, who had been qualified as an expert in the field of fingerprinting, was asked a hypothetical question based on facts previously admitted in evidence. … In the instant case, the eyewitness testified that the crime was committed on a bright moonlit night so that he could clearly see the assailant.

Delahoussaye v. Board of Trustees

157 La. 782 · Supreme Court of Louisiana · Jan 5, 1925

In order to bring out more clearly the grounds on which plaintiffs rely for a writ of injunction, it is necessary to state them briefly in another form. … The act, in establishing such a system, creates a state hignway commission, and vests the commission created with supervision and control over the system established, and the contention of plaintiffs seems to be that the

State v. Gradley

745 So. 2d 1160 · Supreme Court of Louisiana · May 19, 1998

At Section J(1)(a), the rule provides that in any capital case involving an indigent defendant, the court shall appoint no less than two attorneys who have been certified by the Louisiana Indigent Defender Board as qualified … Rule IV, Part 2, § 3. [1] The assignments of error not discussed in this opinion do not represent reversible error and are governed by clearly established principles of law.

Talley v. Succession of Stuckey

614 So. 2d 55 · Supreme Court of Louisiana · Mar 5, 1993

At the time, it was unnecessary to qualify the status of a child whose subsequent birth would revoke a testament because illegitimate children could not inherit intestate. … Its rigid enforcement in every case seems excessively harsh, but it is not so clearly invalid in all possible applications as to warrant a more invasive adjudication of unconstitutionality.

State v. Maduell

326 So. 2d 820 · Supreme Court of Louisiana · Jan 19, 1976

In effect, it is asserted, that Louisiana's Constitution imposes a standard more stringent than that established by the jurisprudence. Clearly, at the time of the in-field identification, defendant was not "arrested". … His finding on this fact question should not be reversed unless clearly erroneous.