Case law

Jefferson Lake Sulphur Co. v. State

213 La. 1 · Supreme Court of Louisiana · Dec 15, 1947

This issue is clearly stated by the District Judge as follows : “Plaintiff’s contentions are: (1) That the Bill is not a law within' the meaning of the Constitution, hence the provisions of paragraph 1 of Section 15 of Article … We can think of no language which could more clearly have expressed the view that the Legislature alone, regardless of any action by the Governor, may grant such waiver of immunity.

Shortess v. Touro Infirmary

520 So. 2d 389 · Supreme Court of Louisiana · Feb 29, 1988

The trial court granted Touro a directed verdict on the ground that it did not prepare the tainted blood and no negligence had been established. … to the Blood Center; questionaires were then sent to the donors; none reported any illness and three of them subsequently donated blood. [5] Louisiana, together with virtually every jurisdiction in the United States, now immunizes

Cavalier v. Cain's Hydrostatic Testing, Inc.

657 So. 2d 975 · Supreme Court of Louisiana · Jun 30, 1995

The term "[i]f appropriate," used in both Article 1812C(2) and 1812C(3), clearly means if there is evidence from which reasonable minds could conclude "another person" or the plaintiff was at fault. … This provision and Article 2324 as a whole should be strictly construed against the derogation of the established rights of tort victims against tortfeasors. Touchard v.

Brandy Lynn Fecke, Stephen C. Fecke, and Karen Fecke v. the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College

217 So. 3d 237 · Supreme Court of Louisiana · Sep 23, 2016

Concurrently, the Legislature established the FMCF (La. Rev. … After the FCMF was established, the Legislature amended La. Rev.

State v. Causey

43 La. Ann. 897 · Supreme Court of Louisiana · Jul 15, 1891

is that two of the members of this court should be qualified to give vitality to a judgment rendered by the remaining qualified three. … There exists no established or fixed rule defining what shall be ■considered proof that a fair and impartial trial can not be had.

Ruiz v. Clancy

182 La. 935 · Supreme Court of Louisiana · Jul 1, 1935

Stated from the viewpoirit of the parent, it is a privilege, but only a qualified one. * * * It does not apply to an emancipated child, or to a case where liability in fact has been transferred to a third party.” … That decision, however, had nothing to do with the rule of incapacity of the wife to sue the *947 husband, or immunity of the husband against a suit by the wife, or immunity of the parent against a suit by a minor child.

In re Aulston

829 So. 2d 1012 · Supreme Court of Louisiana · Oct 14, 2002

DISCUSSION The imposition of reciprocal discipline against respondent based upon the Illinois judgment is clearly appropriate under the facts of this case. … Philip Chor, or such other qualified mental health professional acceptable to the Administrator, and shall report to Dr.

State v. Damico

213 La. 765 · Supreme Court of Louisiana · Apr 26, 1948

The chief of police had not qualified as an expert, nevertheless the judge permitted him to testify as such. … If a witness is permitted to express opinions without first qualifying and the judge subsequently determines that he was not qualified to express such opinions there would be no way of determining to what 'extent either a

Stewart v. Schmieder

386 So. 2d 1351 · Supreme Court of Louisiana · Jun 23, 1980

It has been called "in reality, a form of sovereign immunity." Adams v. State of Alaska, 555 P.2d 235, 241 (Alaska 1971). … Atteberry was not qualified as a structural engineer to review those calculations.

Luther v. Iom Co.

130 So. 3d 817 · Supreme Court of Louisiana · Oct 15, 2013

In this case, the Board is clearly a governmental “agency,” as de *826 fined by LSA-R.S. 49:951(2), meaning a state board, commission, department, agency, officer, or other entity which makes rules, regulations, or policy … In support of its motion for summary judgment before the district court, the PCF established that the defendants were not enrolled or qualified for coverage with the fund until November 16, 2007, after the tortious conduct

State v. Elie

257 La. 130 · Supreme Court of Louisiana · Nov 9, 1970

The law presumes the composition of jury venires to be fairly drawn from a cross section of the community unless the party complaining establishes otherwise. State v. Ceaser, 249 La. 435 , 187 So.2d 432 (1966). … The foregoing has resulted and will result in a denial to Defendant of his rights, privileges and immunities under the laws of Louisiana, the Constitution of Louisiana and the Constitution of the United States of America,

Trevigne v. School Board

31 La. 105 · Supreme Court of Louisiana · Jan 15, 1879

Relying on the 14th amendment to the constitution of the United States, which provides that “no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of said United States,” and … By the limited and qualified prayer of his broad petition, plaintiff lias put it out of our power to discuss and determine the important •question raised by him.

State v. Ford

233 La. 992 · Supreme Court of Louisiana · Nov 12, 1957

the Constitution of the United States extend to a witness the right to refuse to give testimony before a State Grand Jury on the ground of self-incrimination when such testimony could or would furnish evidence either to establish … People of State of California, 1954, 347 U.S. 128 , 74 S.Ct. 381 , 98 L.Ed. 561 . * * * Under the above rulings of the United States Supreme Court defendants are clearly in error in their contention that the “Due Process”

State v. Edwards

287 So. 2d 518 · Supreme Court of Louisiana · Dec 3, 1973

Bills 6, 7, 8, 9 & 10 A brief narrative of the facts will establish the setting for these bills and delineate the context in which they should be judged. … The statements, to which the defense objects, made by these victims under these circumstances were clearly "events speaking for themselves under the immediate pressure of the occurrence, through the instinctive, impulsive

In re Hingle

717 So. 2d 636 · Supreme Court of Louisiana · Sep 18, 1998

Initially, the hearing committee found respondent’s conviction for public bribery clearly constituted a violation of the Rules of Professional Conduct. … However, in Pitará, we rejected a similar defense, concluding that the issue of specific intent was established in the underlying criminal proceeding.

Pinkins v. Cardinal Wholesale Supply, Inc.

619 So. 2d 52 · Supreme Court of Louisiana · May 24, 1993

We find the trial court's denial of supplemental earnings benefits clearly wrong. … Plaintiff established through his vocational rehabilitation expert, Dr. Gorman, that he is unemployable.

Cobb v. Louisiana Board of Institutions

237 La. 315 · Supreme Court of Louisiana · Apr 27, 1959

If so, for the reasons stated in the majority opinion, such a statute would be clearly unconstitutional as an appropriation act. … Thus the bill lost its identity as a mere waiver of immunity from suit and became a legislative statute embracing one object with a title indicative of its object and clearly intended to have the force and effect of law.

Bennett v. Krupkin

798 So. 2d 940 · Supreme Court of Louisiana · Oct 16, 2001

And insofar as the parties have delayed litigating the merits of the case until the coverage issues are established. … The Board clearly has an interest in this action to claim that Dr. Krupkin is not a qualified health care provider, in that, if Dr.

Powell v. Town of Providence

127 La. 66 · Supreme Court of Louisiana · Jun 30, 1910

In the discharge'of that obligation, the General Assembly passed Act No. 136 of 1898," as a general law, under which municipal corporations are authorized to be established, and from which alone those which are so established … It is admitted that the town of Providence was established under that law, that the act does not confer on the towns established under its authority the particular power which the town of Providence is now seeking to exercise

Abate v. Healthcare Intern., Inc.

560 So. 2d 812 · Supreme Court of Louisiana · Apr 30, 1990

To be qualified under the provisions of this Part [Part XXIII. … : * * * * * * (7) Creating corporations or amending, renewing, extending, or explaining the charters thereof; granting to any private corporation, association, or individual any special or exclusive right, privilege, or immunity