Case law

Cajun Elec. Power Co-Op., Inc. v. La. Psc

532 So. 2d 1372 · Supreme Court of Louisiana · Dec 15, 1988

Plaintiffs are rural electric cooperatives which were established under the Rural Electrification Administration (REA) as authorized by the Rural Electrification Act of 1936. [8] Ark. Elec. Coop. v. Ark. Pub. Serv. … The P.S.C. has clearly failed to meet this heavy burden.

ANR Pipeline Co. v. Louisiana Tax Commission

94 So. 3d 734 · Supreme Court of Louisiana · May 8, 2012

R.S. 30:551(A) and qualify as pipeline companies under La. R.S. 47:1851(K). The pipelines of the intrastate companies do not qualify as “public service properties.” … Clearly, the LTC has a constitutional and statutory duty to appraise, value, and assess public service property. See La. Const, art. VII, § 18(D); La. R.S. 47:1853 & 1957(A).

State v. Tart

672 So. 2d 116 · Supreme Court of Louisiana · May 1, 1996

The evidence clearly established that Tart committed an aggravated burglary and an armed robbery or simple robbery in committing the Quenan murders. Tart also admitted slashing and stabbing both Mr. and Mrs. … The evidence clearly established Tart knowingly created the risk of death or great bodily injury to more than one person.

State of Louisiana v. Eric Dale Mickelson

Supreme Court of Louisiana · Sep 3, 2014

Defense: —gets established. Juror Rains: Once the crime guilt is established. 4 Id. (emphasis original). … Holmes, 06-2988, p. 46 (La. 12/2/08); 5 So.3d 42, 80, “Louisiana law clearly establishes that a party interviewing a prospective juror may not ask a question or pose a hypothetical scenario which would demand a commitment

State v. Lowenfield

495 So. 2d 1245 · Supreme Court of Louisiana · Feb 6, 1986

The defendant has the burden of establishing incapacity, because the law presumes his sanity. La.R.S. 15:432. … As the Federal Eighth Circuit has noted, several studies have concluded that a death-qualified jury is more likely to convict. Grigsby v.

State v. Reeves

11 So. 3d 1031 · Supreme Court of Louisiana · May 5, 2009

The state urged that this latest filing was clearly a dilatory tactic, as all issues had thoroughly been fleshed out and discussed in previous motions. … The Court is clearly satisfied that there has been effective representation up to this point exceeding all Strickland v. Washington, 466 U.S. 668 [ 104 S.Ct. 2052 ] standards.

State v. Gulf States Theatres of Louisiana, Inc.

264 La. 44 · Supreme Court of Louisiana · Dec 18, 1972

Who, in any case, is qualified to expound reliable expert evidence as to the national standard of obscenity? Is it Variety Magazine, espoused by defendant? … However, the court laid down no guidelines as to how such a "national standard" may be established or proved.

Levine v. First Nat. Bank of Commerce

948 So. 2d 1051 · Supreme Court of Louisiana · Dec 15, 2006

"[A] practice is unfair when it offends established public policy and when the practice is unethical, oppressive, unscrupulous, or substantially injurious." Roustabouts, Inc. v. … The Supreme Court held that the price received conclusively established "reasonably equivalent value," as long as requirements of the state's foreclosure law were met.

Gray v. Gray

65 So. 3d 1247 · Supreme Court of Louisiana · Jul 1, 2011

However, the then territory manager was transferred elsewhere, and Jamie did not have sufficient experience to qualify for the position at that time. … Nevertheless, we find that under the particular facts and procedural posture of this case, the trial court clearly abused its discretion in denying the father’s request to relocate from Alabama to Kansas.

Cucullu v. Louisiana Insurance Co.

5 Mart. (N.S.) 464 · Supreme Court of Louisiana · Mar 15, 1827

That evidence shows that tribunals of admiralty were established prior to the constitution:-That, by that instrument, circuit courts were directed to be established, in which the jurisdiction of all prizes by sea and land … —The proof establishes, the tribunal had authority to pronounce the judgment set forth in the proceedings.

Texas Co. v. Leach

219 La. 613 · Supreme Court of Louisiana · Jun 29, 1951

Nabors, had'died and their mother was qualified as their tutrix. They, with J. M. Nabors, W. N. Nabors, J. B. … In this case the burden of establishing the cancellation of the lease, on which their demand against the Texas Company rested,' was on Mr. E. A. Nabors and his group.

Hastings v. Baton Rouge General Hospital

498 So. 2d 713 · Supreme Court of Louisiana · Nov 24, 1986

Because he was not qualified by training or experience to perform that surgery, Dr. Gerdes contacted the thoracic surgeon on call that evening, Dr. … In some medical malpractice cases, expert testimony to establish a standard of care is unnecessary.

Poche v. Avondale Shipyards, Inc.

339 So. 2d 1212 · Supreme Court of Louisiana · Nov 18, 1976

The fact that a whole *1218 system of liabilities was established on the basis of the reasoning in that case, the Court noted, led years ago to the establishment of the twilight zone where state regulation was permissible … "The immunity from civil liability provided by this Section shall not extend to: 1) any officer, director, stockholder, partner or employee of such employer or principal who is not engaged at the time of the injury in the

Johnny Cousain v. Smitty's Supply, Inc. and National Union Fire Insurance Company

Supreme Court of Louisiana · Jun 29, 2026

R.S. 23:1208(D), it would have clearly expressed that in the statute. Id., 19- 5 Contrast White v. WIS Int’l, 19-747, pp. 24-25 (La. … However, LSA–R.S. 23:1208(D) clearly does not provide for such reimbursement.” Leonard, 03-0040 at 1, 879 So.2d at 731 (Whipple, J., concurring).

Pior v. Giddens

50 La. Ann. 216 · Supreme Court of Louisiana · Dec 29, 1897

Thus is pointed out clearly the only course to be pursued in this later edition of a long standing litigation. Robert H. Armistead died in 1868. He left surviving him a widow, Louisa Armistead. … He had qualified as natural tutor to his minor children, and a family meeting, convoked in their interest, recommended the exchange on their behalf. The Sprowls place contained six hundred and forty-three acres.

Succession of Doll v. Doll

593 So. 2d 1239 · Supreme Court of Louisiana · Jan 17, 1992

Doll qualified as executrix of the succession. The Blanchard property generated rental income from the date of acquisition, and after Mr. Doll's death, Dr. … ("[O]ne can view oil and gas leases as establishing real rights as to third parties but primarily personal rights as between the lessor and lessee.")

Tulane Educational Fund's Adm'es v. Baccich & De Montluzin

129 La. 469 · Supreme Court of Louisiana · Jun 15, 1911

Bl. 1078). * * * “In my judgment the immunity of the vendor does not extend beyond his inability to perform his contract by reason of a defection in his title which was unknown to him at the time he entered into the contract … But suppose he had established good faith on his part, does that improve his condition, if he bad knowledge that he had no right to convey?

State v. Calloway

1 So. 3d 417 · Supreme Court of Louisiana · Jan 21, 2009

In support of its case, the state called Jeff Walters, who worked with a Toyota dealership in Houma, and qualified him as an expert in appraising the value of cars. … Defendant failed to convince the jury that she was so naive, and it was clearly not irrational for jurors to conclude, as a matter of logic and common experience, that defendant need not have purchased any vehicle before

Baton Rouge Bldg. Trades Council v. T. L. James & Co.

201 La. 749 · Supreme Court of Louisiana · Jul 27, 1942

During the conferences relating to the establishment of a closed shop, Mr. Keliher stated over and over again to the labor representatives, in the presence of Mr. … Weaver’s testimony clearly demonstrates Keliher’s attitude toward the men and clearly demonstrates also his own attitude toward them.

State in Interest of Dino

359 So. 2d 586 · Supreme Court of Louisiana · May 8, 1978

Clearly defined procedures should be established in areas which lend themselves to such standards in order to assure both efficient police procedure and protection of the important constitutional rights of the accused. … Age is one area which lends itself to clearly defined standards."