Case law

FNB OF PICAYUNE v. Pearl River Fabricators

971 So. 2d 302 · Supreme Court of Louisiana · Nov 16, 2007

That is, jurisdiction, once established, may abate if the case becomes moot. Cat's Meow, Inc., 720 So.2d at 1193 . … ง 10:9-316 does not contain the qualifying words "without knowledge," it is improper for the courts to supply such a qualification.

State of Louisiana v. Kenneth Jones

Supreme Court of Louisiana · Oct 22, 2019

Again, that identification was established at this trial by the testimony of FBI agents after Smothers denied it. … at 477 (“On appeal, a trial court’s ruling on the issue of discriminatory intent must be sustained unless it is clearly erroneous.”).

Bussie v. Long

257 La. 623 · Supreme Court of Louisiana · Feb 1, 1971

Only a certain type of duty qualifies for enforcement under this extraordinary writ. … So they have called upon this Court to do what no other court would do—overstep the legislative procedure and invoke the extraordinary remedy of mandamus in a case where mandamus clearly does not lie.

Huntsman International, L.L.C. and Rubicon, L.L.C. v. Praxair, Inc.

Supreme Court of Louisiana · Feb 6, 2025

Szelc was similarly asked if “the highest margin sales [are] at the top of the pyramid,” and she qualified her answer, “On average that is true.” (Emphasis added.) … While the testimony establishes spot sales were generally more profitable than contract sales, it does not establish the top-third most profitable transactions were all spot sales.

City of Baton Rouge v. Knox

697 So. 2d 262 · Supreme Court of Louisiana · Jul 1, 1997

The municipal ordinance interferes with the statutory obligations of state prosecutors and thwarts their opportunity to charge a defendant whose conduct qualifies for felony prosecution as a third offender. … R.S. 13:1894.1 was clearly a response by the legislature to Duncan .

In re Spradling

952 So. 2d 642 · Supreme Court of Louisiana · Jan 26, 2007

Respondent is qualified to practice law in the states of Louisiana, Texas, Oklahoma, and Massachusetts. … While not minimizing respondent’s other misconduct, clearly the most egregious conduct is his conversion of client funds and his submission of false evidence in this disciplinary proceeding.

Prentiss Baker and Sheryl Wiginton, Individually and on Behalf of All Others Similarly Situated v. Phc-Minden, L.P. D/B/A Minden Medical Center

167 So. 3d 528 · Supreme Court of Louisiana · May 5, 2015

Rather, a court’s focus on review must' be on the requirements and whether the evidence establishes the procedural device is appropriate. … We find the trial court’s definition clearly meets this requirement.

Bonart v. Rabito

141 La. 970 · Supreme Court of Louisiana · Jun 11, 1917

The present Chief Justice, who also had not qualified his concurrence in the original opinion and decree, concurred only in the decree on rehearing. See 132 La. 538 , 61 South. 571 . … also relies upon that quotation, and we’ think it is clearly favorable to bis contention.

Piegts v. AMALGAMATED MEAT CUTTERS, ETC.

228 La. 131 · Supreme Court of Louisiana · Jun 30, 1955

Closed shops were recognized, and in 1954 the Louisiana Legislature felt that in certain industries where vacancies existed a non-union worker was not in a position to secure employment for which he was qualified. … A reading of the Right to Work law, quoted in full in the majority opinion, clearly shows that its sole purpose is to prevent any person from being forced to join a *840 union or refrain from joining a union as a condition

Newman v. Cooper

46 La. Ann. 1485 · Supreme Court of Louisiana · Dec 15, 1894

of the intervenors in all other respects. *1491 ' It is, however, evident to our minds that, in so far as the decree of the lower court recognizes the title of the intervenors to one undivided half of the property, it is clearly … Considering the foregoing established facts, there are only the following questions left open for examination and decision in the course of the settlement and adjustment that is to be made of the community between the defendant

State v. Williams

418 So. 2d 562 · Supreme Court of Louisiana · Jun 21, 1982

In the instant case, the two armed robberies, although of the same victim at the same location some ten days apart and although identity was a genuine issue at trial, the offenses were not so unique as to qualify as "signature … At the very least, the trial judge must, as was stated in Washington and Robinson , clearly instruct the jury to consider defendant's guilt or innocence for each charged offense separately.

Bourgeois v. AP Green Industries, Inc.

783 So. 2d 1251 · Supreme Court of Louisiana · Apr 3, 2001

Rather, it established what La. C.C. art. 2315 encompassed prior to this court's decision in Bourgeois I. See Plaut v. … b) the chances of members of the public at large of developing the disease. (4) A monitoring procedure exists that makes the early detection of the disease possible. (5) The monitoring procedure has been prescribed by a qualified

State v. Pujol

180 La. 82 · Supreme Court of Louisiana · Apr 23, 1934

These compiled statements shall also be sworn to by the said commissioners, the oath to be administered by the deputy sheriff or one of the commissioners, or by any qualified voter. … Clearly the penalties mentioned elsewhere in the act do not apply to cases arising under section 74, which prescribes its own penalty.

Huntsman International, L.L.C. and Rubicon, L.L.C. v. Praxair, Inc.

Supreme Court of Louisiana · Feb 6, 2025

Szelc was similarly asked if “the highest margin sales [are] at the top of the pyramid,” and she qualified her answer, “On average that is true.” (Emphasis added.) … While the testimony establishes spot sales were generally more profitable than contract sales, it does not establish the top-third most profitable transactions were all spot sales.

Ogea v. Merritt

130 So. 3d 888 · Supreme Court of Louisiana · Dec 10, 2013

R.S. 1:3. 11sWhen the LLC statutes were enacted, “professional” had a clearly defined technical meaning within the law of business entities. See James S. Holliday, Jr., & H. … The Civil Code establishes that a contract is one type of obligation. See La.

State v. McCall

162 La. 471 · Supreme Court of Louisiana · Nov 2, 1926

Jur. (2d Ed.) vol. 1, p. 515, the following: “A bill of particulars is not a matter of right; it rests greatly in the discretion of the trial judge, and its refusal furnishes no ground for reversal unless prejudice be clearly … The change that was made by the amendment, in the definition of that kind of intoxicating liquors, was merely to substitute for the qualifying phrase, ‘all as defined by federal legislation,’ the phrase, ‘containing one-half

State v. Ferris

762 So. 2d 601 · Supreme Court of Louisiana · May 16, 2000

Finding error in the trial court's exclusion of clearly relevant evidence (the record in Manuel ), this court set aside the judgment and remanded the case to the trial court to conduct an evidentiary hearing, at which all … Richard Scribner, a physician who qualified as an expert in preventive medicine and prevention of alcohol-related problems, compiled crash data from 1986 through 1993.

Syrie v. Schilhab

693 So. 2d 1173 · Supreme Court of Louisiana · May 20, 1997

that the finding is clearly wrong (manifestly erroneous). … Trooper Summers, a trainer of state troopers qualified in the field of accident scene protection and traffic control, testified that Trooper Segura was correct in leaving his police unit on the shoulder to alert approaching

J. M. Guffey Petroleum Co. v. Murrel

127 La. 466 · Supreme Court of Louisiana · Nov 14, 1910

That said property was situated in the parish of Acadia, state of Louisiana, and being described as follows, to wit: All the rights, privileges, and immunities of the lessee in a certain oil or mineral lease executed on the … When the term mine is used, it is generally understood that the excavation so named is in actual course of exploitation otherwise some qualifying term like abandoned is required.

Rafael Antonio Mena Chavez A/K/A Sergio Balboa, Individually and on Behalf of His Minor Children, Ingrid Mena Perez and Kelvin Perez and Plaintiff-Intervenors Emr (Usa Holdings), Inc., and Southern Recycling, LLC v. Metso Minerals Industries, Inc. N/K/A Metso Outotech USA, Inc. and Abc Insurance Company

Supreme Court of Louisiana · Oct 25, 2024

Furthermore, “[t]he separation of powers by our state constitution establishes an inherent judicial power which the legislative and executive branches cannot abridge.” … Metso maintains that its motion to dismiss clearly sought dismissal of all pending actions against it.