Case law

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. 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.

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.

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. Collins

242 La. 704 · Supreme Court of Louisiana · Feb 19, 1962

Clearly there is no merit to' this contention. … Sturm, the expert medical witness qualified in psychiatry, to refer to all medical reports and medical opinions which were developed while the defendant was under Dr.

Bodcaw Lumber Co. v. Bonnette

135 La. 369 · Supreme Court of Louisiana · May 11, 1914

That this land, at the time of the definite ■ location of the railroad down to the present time, was continuously occupied by an actual settler, who was qualified at the time of his occupancy of said land to make a homestead … next argues that the prescriptive term embraced in the act of March 2, 1896, is without application here for the reason that the land in question was occupied by an actual settler at the time that the line of railroad was established

State v. Ford

37 La. Ann. 443 · Supreme Court of Louisiana · May 15, 1885

The question was clearly inadmissible. The judge did not, by his ruling, deprive the accused of the means of proving a previous engagement to be at that time at the engine house. … The principles contained in these utterances are qualified by counsel as a startling announcement, replete with great danger to the very system of jury trials.

Cosse v. Allen-Bradley Co.

625 So. 2d 486 · Supreme Court of Louisiana · Feb 4, 1994

Justice Barham dissented, reasoning that the statutory right was absolute: Nothing contained in these statutes qualifies the employer's right to obtain indemnification. … Our opinion clearly looked to the date of plaintiff's injury rather than the date of judgment, stating "[i]n this case, the relevant event (plaintiff's injury) occurred before the January 1, 1990, effective date" of the 1989

State ex rel. Attorney-General v. Cheevers

32 La. Ann. 941 · Supreme Court of Louisiana · Oct 15, 1880

The defendant, however, strenuously contends that the facts upon which the State relies to establish his ineligibility would, if verified, justify the charge of incompetency, provided for in article 196, and, consequently … A person may be incompetent to fulfill the office of district judge ; for instance, a qualified citizen and attorney, learned in the law, not chargeable with any offense under article 171, but afflicted with dumbness, deafness

State v. Prestridge

399 So. 2d 564 · Supreme Court of Louisiana · May 20, 1981

It was clearly established at trial that Dr. Daigrepont was mentally and physically disabled and unable to testify at the trial of the case. … The defense obtained and presented a qualified medical witness, accepted as an expert by the court.

State v. Cardinale

251 La. 828 · Supreme Court of Louisiana · Jan 15, 1968

It was established that the diagram had been drawn by the witness according to the things he had actually seen while he was at the locale. … Defendant urges that the short time taken “clearly indicates a lack of serious deliberation upon a matter so serious as the life or death of the accused, and for this factor alone [this bill] should be the basis of a mistrial

Clark v. Manuel

463 So. 2d 1276 · Supreme Court of Louisiana · Feb 25, 1985

The department shall establish appropriate standards with interpretative guidelines and establish monitoring procedures. … The classification of mental retardation may well be relevant in some cases, such as the types of school programs to which a child is assigned or the types of employment for which an adult is qualified.

Nabors Drilling USA v. Davis

857 So. 2d 407 · Supreme Court of Louisiana · Oct 21, 2003

In order to assist the employer in meeting its statutory burden of establishing that it "knowingly" hired a worker with a preexisting permanent partial disability so as to qualify for reimbursement from the second injury … That conclusion is not clearly wrong, but is, in fact, amply supported by the record evidence. The medical records of Dr.

Long v. Dickerson

127 La. 341 · Supreme Court of Louisiana · Dec 13, 1909

The widow qualified at once as administratrix of the succession, and continued in office until 1897, when, on the joint petition of herself and the heirs (all majors), judgment was rendered closing the succession, sending … Nothing can show more clearly that by making these payments she was attending to plaintiffs’ business, or, in other words, was acting as their tacit agent, than this fact of the effect of said payments having been to prevent

Chatelain v. STATE, DOTD

586 So. 2d 1373 · Supreme Court of Louisiana · Sep 9, 1991

However, when the child is neither legitimate at birth nor subsequently legitimated by the parent, Article 209 imposes a time limitation for establishing the filiation necessary to qualify as a child under Article 2315. … Malone's failure to contest the allegations in the divorce petition clearly did not constitute unequivocal acknowledgment that the child was his.

State v. Daigle

344 So. 2d 1380 · Supreme Court of Louisiana · Apr 11, 1977

The judge refused to give defendant's requested special charge number 37 which provided: "Insanity does not have to be established beyond a reasonable doubt. … These provisions insure that juries in Louisiana are selected from a fair cross-section of the parish and that all qualified citizens have the opportunity to be considered for jury service.

Union Oil & Gas Corp. of Louisiana v. Broussard

237 La. 660 · Supreme Court of Louisiana · Apr 27, 1959

The declaration of codal Article 491, supra, is necessarily qualified thusly: “ * * provided it is not used in any way prohibited by law or ordinances.” … The language contained in the instrument, clearly and expressly acknowledged the existence of the real obligation, •granting to the then owners, now claimed by Waggoner and Hugh A.

Hammond v. Fidelity & Cas. Co. of New York

419 So. 2d 829 · Supreme Court of Louisiana · Sep 7, 1982

Clearly, Hammond is presently disabled as a result of the removal of a malignant tumor and surrounding muscle from his left arm. … When the doctor comes before a court or a workmen's compensation commission, he comes prepared to answer questions and give his opinion as a thoroughly trained, qualified expert who is supposed to know whereof he speaks.

Miller v. Roger Miller Sand, Inc.

646 So. 2d 330 · Supreme Court of Louisiana · Nov 30, 1994

An employee in a worker's compensation action has the burden of establishing a causal link between the work-related accident and the subsequent disabling condition. Peveto v. … The hearing officer was clearly wrong to terminate disability payments due to the stroke.

Marigny v. Union Bank

5 Rob. 354 · Supreme Court of Louisiana · Jul 15, 1843

exclusively on their finding of those facts, would not perhaps be disturbed by us, unless clearly and manifestly erroneous. … the defendants created or continued the above belief and impression, with an intention or design of obtaining the endorsement of the plaintiff, and thereby procured an unjust advantage for themselves, it was what the law qualifies