Case law

Livingston Parish Council on Aging v. Graves

105 So. 3d 683 · Supreme Court of Louisiana · Dec 4, 2012

This amendment clearly shows the historical interplay between subsections B and C of La. R.S. 38:1428. … Clearly, the levy authorized by La. R.S. 33:9002 was not confined to the 1977 tax year.

State v. High

116 La. 79 · Supreme Court of Louisiana · Jan 15, 1906

The evidence does not establish positively what the district attorney did say, or that he did any more than admonish the jury of their duty to bring in an unqualified verdict, should they find the accusation proved, and no … The contention is that the indictment has made the mistake of qualifying the wrong thing—the intent, instead of the act.

Titus v. IHOP RESTAURANT, INC.

25 So. 3d 761 · Supreme Court of Louisiana · Dec 1, 2009

Justice. 1 [ {We granted certiorari in this case to determine whether a defendant insurance company’s payments, pursuant to the no *763 fault medical payment coverage provision in a commercial general liability policy, qualified … The record demonstrates *767 clearly that the Plaintiff was not “lulled” into inaction, since he did actually file his lawsuit within the prescriptive period.

State v. Sonnier

379 So. 2d 1336 · Supreme Court of Louisiana · Jan 28, 1980

Finally, the defendant claims that the "dry run" voir dire clearly established that prospective jurors were either prejudiced or influenced by the pre-trial publicity and had already formulated conclusions of guilt. … The evidence clearly established that the two brothers were armed with a dangerous weapon when they approached the victims' vehicle and confiscated the driver's licenses of the young couple.

International Shoe Company v. Cocreham

246 La. 244 · Supreme Court of Louisiana · Mar 30, 1964

Justice Clark, as organ of the Court, observed : “ * * * Under the Commerce Clause interstate commerce and its instrumentalities are not totally immune from state taxation, absent action by Congress. … We think that counsel is clearly in error — for once the power is given it continues as a legislative power and may be exerted at any time. Failure to act does not curtail or limit the power.

Buisson v. Huard

106 La. 768 · Supreme Court of Louisiana · Nov 15, 1901

Complete immunity is confined to cases where the public service or the due administration of justice require it. … public do not require that the speaker should be freed from all responsibility, but merely requires that he should be protected so far as he is speaking honestly for the common good, in these the privilege is said to be qualified

State v. Hearold

603 So. 2d 731 · Supreme Court of Louisiana · Jun 29, 1992

The hearsay testimony by Officer Benjamin about information received from an out-of-court declarant served no other purpose than to show by improper evidence that defendant was a drug dealer and was thus clearly inadmissable … The court of appeal correctly held this statement was inadmissible hearsay evidence that did not qualify under the co-conspiratory exception to the hearsay rule. Nevertheless, that statement did get before the jury.

Succession of Quaglino

232 La. 870 · Supreme Court of Louisiana · Apr 1, 1957

Appellees have not established to our satisfaction any other indebtedness due them by their parents for which the stock could have been transferred. … It has been clearly established in the instant case that a substantial portion of the consideration was paid by the corporation and debited against the personal accounts ■of the two sons.

State v. Manning

885 So. 2d 1044 · Supreme Court of Louisiana · Oct 19, 2004

The trial court erred when it qualified a State witness with limited experience as an expert in blood spatter analysis. … Paul Ware, who qualified without objection as an expert in forensic psychiatry.

Jefferson v. Jefferson

246 La. 1 · Supreme Court of Louisiana · Mar 30, 1964

The codal article establishes no priority of obligation. … Civil Code, provides that the father, during the marriage, "is * * * administrator of the estate of his minor children and the mother in case of his interdiction or absence during said interdiction or absence." [1] *80 Clearly

Industrial Companies, Inc. v. Durbin

837 So. 2d 1207 · Supreme Court of Louisiana · Jan 28, 2003

Proc. art. 641 establishes two sets of circumstance under which a third-party may be considered a party needed for just adjudication. … Moreover, the Connells clearly do not qualify as a party needed for just adjudication under La.Code of Civ.

State v. Chester

208 So. 3d 338 · Supreme Court of Louisiana · Dec 16, 2016

A finding is clearly erroneous only if it is implausible in the light of the record considered as a whole. … Tucker, 13-1631, p. 52 (La. 9/1/15), 181 So.3d 590, 628 ("Defendant, in essence, argues that his two near misses at qualifying for the categorical prohibitions established in Roper v. Simmons and Atkins v.

State v. Williams

252 La. 1023 · Supreme Court of Louisiana · Nov 12, 1968

It does not establish a prima facie case nor does it establish that there was discrimination in the, selection of the grand and petit juries. … The procedure with reference to tales jurors is prescribed by Section 186 of Title 15 of -the Revised Statutes (1928) and requires that the names of 100 persons qualified- to serve be drawn from the general venire box and

Central La. Elec. Co. v. La. Public Service

373 So. 2d 123 · Supreme Court of Louisiana · Oct 18, 1979

Clearly, as mentioned above, the Commission has the power to disallow any unreasonable or unjust operating expense paid by a parent utility in fixing rates. La.R.S. 45:1176. … However, all of the cases cited by the Commission involve telephone companies and are clearly distinguishable.

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.

Interdiction of Wright

75 So. 3d 893 · Supreme Court of Louisiana · Oct 25, 2011

Wright established an account with A.G. Edwards & Sons, Inc. (“A.G. | ¡.Edwards”) through one of its investment bankers, Ed *895 win Reardon. Both Mr. Reardon and A.G. … As such, it does not qualify as a “valid and final judgment” under the statute and has no res judicata effect.

F. B. Williams Cypress Co. v. Martin

144 La. 767 · Supreme Court of Louisiana · Feb 3, 1919

The grant of the general power to organize road districts has the implied limitation that its exercise shall be reasonable, and, if it be clearly unreasonable, unjust, or oppressive, it will be held invalid by the courts. … ground that highways, turnpikes, canals, and railways, although owned by individuals under public grants or by private corporations, are publici juris; that they have always been regarded as governmental affairs, and their establishment

State v. MacK

243 La. 369 · Supreme Court of Louisiana · Jun 29, 1962

Those that were better qualified to serve on the Grand Jury of those 300 that we had there. And I don’t remember—I think we had two negroes from Jeanerette and one from Loreauville and I think, one from New Iberia. “Q. … The eminent trial judge, who saw and heard the witnesses on this factual issue, states in his per curiam: “The evidence shows very clearly that there was no discrimination in drawing and selecting petit and grand juries.”

Campbell v. Bradley

7 La. Ann. 371 · Supreme Court of Louisiana · Jun 15, 1852

It is clearly established by the evidence, that Bradley, Wilson Sf Co., on the 3d of June, 1851, through the instrumentality of N. B. Keene, a cotton broker, sold to one Simpson, 734 bales of cotton. … It is against well settled principles, to permit the secret instructions of a party to hi3 agent, to qualify the apparent absolute control and dominion with which he has thought proper to invest him.

St. Martin Parish Police Jury v. Iberville Parish Police Jury

212 La. 886 · Supreme Court of Louisiana · Apr 21, 1947

The writer of this opinion has obtained a translation of this French clause into English 'by competent and qualified French scholars, which translation reads as follows: “thence it [the line] shall follow the aforesaid fork … This clearly indicates to us that the majority of the property owners in the disputed area were of the opinion and belief that the property which they owned was situated in the Parish of Iberville.