Case law

Louisiana Mun. Ass'n v. State

773 So. 2d 663 · Supreme Court of Louisiana · Oct 6, 2000

A party challenging the constitutionality of a statute must establish that the statute violates a specific constitutional provision. Matter of American Waste & Pollution Control Co., 588 So.2d 367 (La.1991). … Moreover, this result is at odds with the purpose of the amendment which, as clearly shown by its legislative history, was not concerned with local taxes.

State v. Maxie

653 So. 2d 526 · Supreme Court of Louisiana · Apr 10, 1995

This evidence overwhelmingly established the defendant's specific intent to kill or to inflict great bodily harm. Resistance and Force The victim's utmost resistance was also clearly established. … Q —gets established? A Once the crime guilt is established. (Emphasis added.) Defense counsel then unsuccessfully moved to challenge Ms. Rains for cause. Based on a reading of the entire voir dire of Ms.

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. Garcia

108 So. 3d 1 · Supreme Court of Louisiana · Nov 16, 2012

Therefore, it must be remembered that Holloway and its progeny do not simply establish a standard of appellate court review, those eases establish a standard of trial court protection. … defense counsel or, instead, which defendant(s) counsel must refrain from providing qualified capital defense counsel.

State v. Dreher

166 La. 924 · Supreme Court of Louisiana · Apr 9, 1928

Dreher had placed his character at issue by calling a number of witnesses to establish it as good in the community in which he lived. … The witness is shown by the evidence to have been fully qualified to answer this question.

Kelly v. Weil

563 So. 2d 221 · Supreme Court of Louisiana · Jun 4, 1990

There is no such qualifier where reference is made, in the first phrase, to the "underlying policies listed in Schedule A." … At least four other instances in this policy clearly show that only the "other insurance" need be "collectible."

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.

Dorvin v. Wiltz

11 La. Ann. 514 · Supreme Court of Louisiana · Jun 15, 1856

The party may qualify his plea by acknowledging only a part of his adversary’s claim to he due, and setting up an offset against that portion. But this has not been done in the case at bar. … with the principle of the opinion of the majority of the court, as developed in the following passage of that opinion; “ The defendant’s claim for expenditures prior to the dissolution of the community appears to us to be clearly

McCall v. Corning

3 La. Ann. 409 · Supreme Court of Louisiana · Apr 15, 1848

The rule, in a qualified sense, is true. … Story, in his Treatise on Bills, very clearly intimates his dissatisfaction with the dicta in the East India Company’s case.

Miller v. Commercial Standard Ins. Co.

199 La. 515 · Supreme Court of Louisiana · Feb 2, 1942

The insurance company has “acquired a qualified residence within *259 the state for the purpose of its business, and became domesticated, at least, for all purposes of jurisdiction and legal procedure”. Pittman Bros. … Clearly, if the words “in the parish where the accident or injury occurred, or in the parish where the assured has his domicile” had been left out of the 1930 act these plaintiffs could have brought their suits in any one

Cangelosi v. OUR LADY OF LAKE REG. MED. CTR.

564 So. 2d 654 · Supreme Court of Louisiana · Apr 20, 1990

(Emphasis added.) *662 The reason I concur rather than dissent in this case is that the qualifying requirements of res ipsa, on the plaintiffs' best case scenario, fall short of establishing that the accident was the kind … Clearly, the facts of this case do not suggest that the defendants' negligence was the probable cause of the injury.

State v. Roy

220 La. 1018 · Supreme Court of Louisiana · Feb 18, 1952

After trial on the merits, the jury which tried her rendered a qualified verdict of guilty and on June 8, 1951 she was sentenced to the State Penitentiary for life. … The per curiam of the trial judge on this bill states that the witness was permitted to testify as to what conditions the gun in question could be fired in a cocked position which, he states, was clearly rebuttal testimony

State Ex Rel. Porterie v. Smith

184 La. 263 · Supreme Court of Louisiana · Dec 2, 1935

“Plaintiffs show that they have duly qualified and are in possession of their new offices, and allege that the defendants are interfering with them in the discharge of their duties. “In the case of Guillotte v. … In this case the presumption, far from having been destroyed, has been established as well-founded.” (Italics ours.) Rehearing refused. O’NIELL, C. J., adheres to his dissenting opinion.

McGee v. Collins

156 La. 291 · Supreme Court of Louisiana · Apr 7, 1924

Cooke, 129 La. 365 , 56 South. 318 , it was held that there is a •qualified privilege where the person making the communication complained of has an interest in the subject-matter, and the person to whom it is made has a … The case is clearly distinguishable from Webb v. Drake, 52 La. Ann. 290 , 26 South. 791 . In that case, as the court said in Lewis v. Huie-Hodge Lbr.

Douglas Bienvenu v. 1 and 2 87184 C/W John Doe v. 1 and 2 87515

Supreme Court of Louisiana · Mar 22, 2024

R.S. 9:2800.9 retroactively by reviving previously prescribed claims is clearly and explicitly stated in Act 386. … To the extent any case contradicts this established law, I would overrule it.

Nunez v. Wainoco Oil & Gas Co.

488 So. 2d 955 · Supreme Court of Louisiana · May 20, 1986

. § 30:1 et seq (which established and regulates the Department of Conservation and specifically authorizes the Commissioner to establish drilling units) supercedes the surface owner's right to absolute control of the subsurface … And, even the "exclusive right to explore" is qualified by the imposition of duties with regard to others who have rights in the common reservoir. La.Rev. Stat.Ann. § 31:9 and 10.

Darlene Ward Pellecer, Individually and as the Administrator of the Estate of Carlos F. Pellecer, and Cynthia Pellecer Keppler, Linda Pellecer Seward, and Bonnie Pellecer Perez v. Werner Co., a Corporation of Delaware

Supreme Court of Louisiana · Oct 24, 2025

Pellecer purchased his ladder and from whom he purchased it were not established. … wrong based on the evidence, or clearly without evidentiary support.

Futrell v. Hartford Accident & Indemnity Company

276 So. 2d 271 · Supreme Court of Louisiana · Mar 26, 1973

This rule was clearly established in Knispel v. … the same character as that which his training, education, and experience qualify him to perform, without unusual difficulty or danger.

State v. Snyder

277 So. 2d 660 · Supreme Court of Louisiana · May 7, 1973

The majority on first hearing accepted the fact that the subject of the alleged defamatory remarks was a "public figure", and the 10 bills of information filed by the State clearly demonstrate that the crimes charged arose … Qualified privilege "A qualified privilege exists and actual malice must be proved, regardless of whether the publication is true or false, in the following situations: "(1) Where the publication or expression is a fair and

State v. Lampkin

253 La. 337 · Supreme Court of Louisiana · Jan 20, 1969

Lester” As already stated this bill of exception has merit for the additional reason that the affidavit and the warrant fail to clearly describe the premises to be searched. … The premises to be searched must be designated with such certainty that they are readily and easily identifiable by any officer qualified to execute the warrant.