Case law

Leiter Minerals, Inc. v. California Co.

241 La. 915 · Supreme Court of Louisiana · Jun 29, 1961

It is clearly within the Legislature’s power to enact legislation which affects equally all prescriptions, both statutory and conventional. … “Not only is there no language in the 1940 Act which would indicate the Legislature’s purpose to qualify or limit the application of the Act but the obvious public policy of the State as demonstrated by the passage of that

Succession of Pizzati

141 La. 645 · Supreme Court of Louisiana · Jan 15, 1917

The reason given was that from the second will’s “tenor as compared with the previous wills it appeared clearly to have been intended by the testatrix-to have been made in lieu” of the prior wills. … This status, once established, is entitled to recognition, or, in other words, to have full effect, in all countries where adoption is allowed. Succession of Caldwell, 114 La. 195 , 38 South. 140 , 108 Am. St.

State v. BP Exploration & Oil, Inc.

686 So. 2d 823 · Supreme Court of Louisiana · Jan 14, 1997

R.S. 47:305D(1)(h), which bears repeating with *827 some elaboration in this case as it clearly establishes that the provision is not an exemption. La. … Clearly, an actual market exists for energy.

Ursin v. Ins. Guaranty Ass'n

412 So. 2d 1285 · Supreme Court of Louisiana · Apr 5, 1982

LIGA argues that the legislative intent of the Insurance Guaranty Association Law was to benefit policyholders and claimants, and not to provide relief to insurance companies which have paid claims that might otherwise qualify … In any event, establishment of legislative policy is a matter that addresses itself to the legislature, not to the courts. We cannot interpret the statute beyond its clear and unambiguous language.

California Co. v. Price

225 La. 706 · Supreme Court of Louisiana · May 31, 1954

The California Company, a corporation organized in the State of California and qualified to do business in Louisiana, instituted this concursus proceeding to determine the ownership of funds representing accumulated oil royalties … Board of Commissioners of Caddo Levee District, 188 La. 1 , 175 So. 678, 681 , “Act No. 258 of 1910 by its terms clearly manifests the legislative intention to establish a uniform and mandatory rule or system as to the ownership

State of Louisiana v. Robert Glen Coleman

188 So. 3d 174 · Supreme Court of Louisiana · Feb 26, 2016

So we need somebody who is qualified and has some experience using that device to measure him...-. … McMullen qualified to serve impartially and found that she clearly indicated an ability and willingness to consider everything required by law. The overall tenor of Ms.

Traigle v. PPG Industries, Inc.

332 So. 2d 777 · Supreme Court of Louisiana · May 17, 1976

Too, it is suggested that, in the present case, this principle is qualified by the further principle that claims of exemption from a tax otherwise to apply are strictly construed against the person claiming the exemption. … accepted contemporaneous administrative construction given to the statute for over two decades by the agency charged with administering it, rather than deductions based upon other general interpretative principles less clearly

William Henry Shane v. the Parish of Jefferson, State of Louisiana, and the Jefferson Parish Economic Development Commission

209 So. 3d 726 · Supreme Court of Louisiana · Dec 8, 2015

The names of the employees of JEDCO, elected officials, and political candidates, who had qualified for the office, were not ordered redacted. … The right is not absolute; it is qualified by the rights of others. Id.

State v. Sanders

648 So. 2d 1272 · Supreme Court of Louisiana · Nov 30, 1994

The testimony of the police officer qualifies as hearsay under LSA-La.C.E. 801(C), and thus does not qualify as competent and reliable, [16] and was therefore not properly admissible against defendant. … Under established jurisprudence, counsel's errors and omissions satisfy the first prong of the Strickland test.

Union Ice & Coal Co. v. Town of Ruston

135 La. 898 · Supreme Court of Louisiana · May 25, 1914

is whether .that conclusion is clearly incorrect. … • We think clearly not.

STATE OF LOUISIANA THROUGH DEPT. OF HWYS. v. Glassell

226 La. 988 · Supreme Court of Louisiana · Jan 10, 1955

On the contrary, the general rule pertaining in cases of this type is that “ * * * the opinion of each witness qualified and accepted as an expert should be given effect if and when it appears to be well grounded from the … However, a review of the evidence leaves us with the distinct impression that the judge correctly resolved that the defendant had not established with certainty the damages claimed.

State v. Robinson

421 So. 2d 229 · Supreme Court of Louisiana · Oct 18, 1982

The Court by rule[s] shall establish such procedures as are necessary to satisfy constitutional criteria for review.' … Further, the offenses were proved by reliable evidence (defendant's own voluntary confession), of which defendant clearly had notice.

Harmon v. Lumbermens Mutual Casualty Co.

247 La. 264 · 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.

Crescent Property Partners, L.L.C. v. American Manufacturers Mutual Insurance Company, Bison Building Materials of Texas, Inc. C/W Greystar Development and Construction, Lp v. Crescent Property Partners, LLC, Bison Building Materials of Texas, Inc. C/W Bison Building Materials of Texas, Inc., Bistrol Fiberlite Industries, Inc., Champion Window, Inc. v. Greystar Development and Construction, Lp.

Supreme Court of Louisiana · Jan 28, 2015

However, it is a procedural law, establishing a period after which a plaintiff may no longer assert a claim. … Indeed, the record clearly establishes the parties were allowed to brief the peremption issue thoroughly and to argue their positions before the panel.

Lejeune v. Rayne Branch Hosp.

556 So. 2d 559 · Supreme Court of Louisiana · Feb 5, 1990

Lejeune, the wife of the directly injured victim, qualifies. … Lejeune, as a spouse of the direct victim qualifies as a permissible claimant.

Conway v. Imperial Life Ins. Co.

198 La. 999 · Supreme Court of Louisiana · Nov 3, 1941

As such corporations constitute a special classj respondent must be held liable for the capital stock tax unless clearly shown to have been an insurance company within the meaning of the act.” … The fact that the transfers were for the purported consideration of the liability of the transferor concerns to their policyholders does not of itself render the transfers immune from attack since it appears that, as a result

Connor's Widow v. Administrators of Connor

10 La. Ann. 440 · Supreme Court of Louisiana · Jun 15, 1855

The wife has participated in the distribution of the Mississippi estate, and occupies the Berkley mansion under the assignment of dower, hut with means incompetent to sustain the establishment in its former style, or to live … It is a precedent, however, and as such should be followed, even though solitary, unless we are clearly satisfied thatits doctrines are unsound.

State v. White

247 La. 20 · Supreme Court of Louisiana · Dec 14, 1964

During the progress of the trial the State attempted to establish the serial number of an air conditioning unit. … We have examined the transcript and the testimony adduced, and find that there is evidence to establish the crime.

Alba v. Provident Savings Life Assur. Society

118 La. 1021 · Supreme Court of Louisiana · Mar 18, 1907

(Magner) Bach-min, as widow and natural tutrix, on the •grounds that the succession owed no debts, and that, in any event, she was entitled to the administration, and, the opposition having been maintained, the opponent qualified … The italicized words show clearly enough, though there is some confusion of pronouns, that it was the plaintiff, through his counsel, who complained of the judgment, and prayed for and was allowed the appeal, and the record

State v. Seals

684 So. 2d 368 · Supreme Court of Louisiana · Nov 25, 1996

Clearly, the prospective juror demonstrated his ability to apply the law as it is written. Thus, this error lacks merit. … Feeney that tended to establish that Mr.