Case law

Lugenbuhl v. Dowling

701 So. 2d 447 · Supreme Court of Louisiana · Oct 10, 1997

"Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging that risk exists and the likelihood of occurrence. … The plain language of the written consent form clearly supports the jury's determination.

Taylor v. Dunn

233 La. 617 · Supreme Court of Louisiana · Jun 28, 1957

Taylor, Jr., is still living with him in community, she is clearly not a necessary party to this suit. With respect to Frank H. Ford and Charles D. … Ford, its duly qualified Liquidator, transferred and conveyed all of the assets formerly owned by the said Company to Mrs. Genevieve Gray Taylor, widow of W. F. Taylor, and to the Taylor children, Mrs.

State v. Juniors

915 So. 2d 291 · Supreme Court of Louisiana · Nov 29, 2005

Defendant contends the trial court erred in excluding the letter, arguing it was clearly admissible as impeachment evidence attacking Williams' credibility. … As the transcript of defendant's guilty plea colloquy clearly reflects, all constitutional requirements for accepting defendant's guilty plea were satisfied.

Davis v. Henry

555 So. 2d 457 · Supreme Court of Louisiana · Jan 8, 1990

An analysis of our jurisprudence demonstrates that public employees possess such a right, with an exception being made for strikes which clearly endanger the public health and safety. … However, in light of the Louisiana legislature's failure to establish which classes of public employees are entitled to strike, we may only proceed on a case-by-case basis.

State v. Cass

356 So. 2d 936 · Supreme Court of Louisiana · Dec 19, 1977

Hence, the probative value of the evidence clearly outweighed any prejudicial effect. Assignment of Error No. 2 has no merit. … In the instant case, both witnesses testified that, during the course of the crime, they could clearly see defendant.

Turner v. Bucher

308 So. 2d 270 · Supreme Court of Louisiana · Jan 20, 1975

This Court found the evidence insufficient to establish that defendant's son was negligent, or at fault. In holding that the father was not liable, the Court stated: "... … We believe that our jurisprudence, the French jurisprudence and the French doctrine are all correct in finding that those minors incapable of discernment are immune from legal liability for delicts arising from negligence

Muse v. Metropolitan Life Ins. Co.

193 La. 605 · Supreme Court of Louisiana · Oct 30, 1939

The policy, as written, clearly shows that liability for the loss of a member of the body is limited to the loss of that member “by severance”. … The language of the policy so clearly speaks the intent of the parties that there is no room left for speculation as to its meaning.

Landry v. LOUISIANA CITIZENS PROPERTY INS.

983 So. 2d 66 · Supreme Court of Louisiana · May 21, 2008

Additionally, defendant argued that the parties validly opted out of the Valued Policy Law because of the use of the qualifying language required by La. R.S. 22:695(A). … R.S. 22:695 is the Standard Fire Policy established in La. R.S. 22:691.

Clarke v. Rosenda

5 Rob. 27 · Supreme Court of Louisiana · May 15, 1843

IV., ch. 16, show clearly, that the mere appointment of an assignee, did not, in England, divest the bankrupt of the legal title to the property he possessed, as under the act of Congress. … is neither in the possession of the bankrupt nor his assignee ; or where the legal title is vested in the creditor, as is the case with mortgages in England, and in those States where the common law prevails ; or where a qualified

State v. Comeaux

514 So. 2d 84 · Supreme Court of Louisiana · Sep 9, 1987

He argues that the selection of a "death-qualified" jury pursuant to La. Code Crim.P. art. 798(2) [1] and Witherspoon *89 v. … In the instant case, the photographs in question were clearly admissible to corroborate the manner in which the deaths occurred and the expert testimony establishing the cause of death as multiple traumatic injuries sustained

State v. Fulghum

242 La. 767 · Supreme Court of Louisiana · Feb 19, 1962

Defense counsel contended that Shaw was a duly qualified elector and juror for Caddo Parish, relying on Articles 41 and 42 of the Revised Civil Code, LSA. … jurisprudence, this fact must not only be established to the satisfaction of the trial judge out of the hearing of the jury but his ruling with respect thereto will not be disturbed on appeal unless clearly not supported

Harmon v. Lumbermens Mutual Casualty Company

247 La. 263 · Supreme Court of Louisiana · Jan 18, 1965

P 12 293, issued by Lumbermens Mutual Casualty Company only to qualified fellows in the American College of Surgeons. His specific loss accident indemnity was $100,000.00. … "An insurance policy is a contract, and the rules established for the construction of written instruments apply to contracts of insurance. Hemel v.

Welborn v. 19TH JUDICIAL DIST. COURT

974 So. 2d 1 · Supreme Court of Louisiana · Jan 16, 2008

The committee, however, did not recommend such broad authority in the legislature, and its initial proposal would have qualified the grant of jurisdiction with language, "[u]nless otherwise provided or authorized in this … Family court for the parish of East Baton Rouge; establishment; jurisdiction A.

Shell Oil Co. v. Secretary

683 So. 2d 1204 · Supreme Court of Louisiana · Nov 25, 1996

of a severance tax on fugitive oil and gas and the legislature had already enacted revenue laws governing the assessment of severance taxes. [4] Louisiana's law with respect to the nature of fugitive oil and gas was also clearly … established.

State v. West

173 La. 973 · Supreme Court of Louisiana · Jan 4, 1932

However, as murder includes manslaughter, and as one accused of murder has an interest in showing that he is under seventeen years of age to establish the want of jurisdiction of the trial court, that is, the district court … However, following the objection urged, by the defendant, the district attorney, as appears from the second excerpt quoted by us from his argument, as shown by the bill, clearly, we think, disabused the minds of the jurors

Carter v. Louisiana State University

520 So. 2d 383 · Supreme Court of Louisiana · Feb 29, 1988

In this suit alleging that veterinary malpractice resulted in the amputation of a horse's tail, the issue is whether the trial court was clearly wrong in holding the veterinarian liable. … The operating report was completely overlooked by the court of appeal and establishes that the tissue in the tail died when the blood supply was cut off.

State v. Gray

351 So. 2d 448 · Supreme Court of Louisiana · Oct 10, 1977

The assignment clearly does not reflect reversible error, if it reflects error at all. … No error is shown in the permitting of a qualified expert to testify as to the conclusions he reached through personal examination. The assignment is without merit.

City of New Orleans v. Scramuzza

507 So. 2d 215 · Supreme Court of Louisiana · May 18, 1987

Clearly we believe it must be so classified. Income tax, as demonstrated, may be understood both technically and in more general terms. … Chehardy, supra. [5] Evidence in this record establishes the income of a vast majority of the people in this state consist only of wages, salaries, and commissions.

State v. Duplissey

550 So. 2d 590 · Supreme Court of Louisiana · Oct 23, 1989

As to the improper conduct by the bailiff, the court noted that the record clearly established defendant knew of the bailiff's conversation before the verdict was rendered, but failed to object or move for a mistrial. … This court held that the improper communication was clearly prejudicial to the defendant and presumptively influential on the verdict. In State v.

State v. Bussa

176 La. 87 · Supreme Court of Louisiana · Nov 28, 1932

The prescription of one year in criminal prosecutions is established by section 986 of the Revised Statutes as amended by Act No. 73, .of 1898. The period thus fixed is not .changed by the Code of Criminal Procedure. … The change in the law, to which defendant refers, is clearly a change in the pleading, that is, in the procedure, required in criminal prosecutions.