Case law

Archon v. Union Pacific RR

657 So. 2d 987 · Supreme Court of Louisiana · Jun 30, 1995

On the other hand, the lengthy delay of over six years in effectuating a decision already made is not a discretionary call that qualifies for similar treatment. III. … Finally, we find nothing manifestly erroneous or clearly wrong in the lower courts' determination and allocation of fault to DOTD, the Allen Parish Police Jury, the Railroad, and Archon.

Southland Corp. v. COLLECTOR OF REVENUE FOR STATE

321 So. 2d 501 · Supreme Court of Louisiana · Nov 3, 1975

Where they are founded on no real distinctions in the subject classified and are clearly fanciful, capricious, arbitrary, or unnatural, they will be invalidated. State v. … Instead, the testimony in the record, not contradicted by the State, clearly establishes that the State, in auditing Southland's operations, which were computerized, received the company's full cooperation.

Russo v. Vasquez

648 So. 2d 879 · Supreme Court of Louisiana · Jan 17, 1995

LSA-R.S. 40:1299.44(C)(5) clearly provides that the liability of a health care provider is established by payment of the full monetary extent of that liability under the statute, $100,000.00. … Because the record in this case clearly indicates that the insurer only paid $95,872.65, the trial court's conclusion is incorrect.

State v. Caldwell Sugars, Inc.

185 La. 503 · Supreme Court of Louisiana · Jun 30, 1936

Couvillon, 164 La. 155 , 113 So. 801 , this court said: “An exemption from taxation is an exceptional privilege which must be clearly, unequivocally, and affirmatively established; provisions for such exemption being strictly … entitled to the' immunity, and that in such cases doubt is fatal.

Greater Livingston Water Co. v. Louisiana Public Service Commission

246 La. 273 · Supreme Court of Louisiana · May 4, 1964

If the obligation to assume jurisdiction is clearly imposed upon the Commission by the constitution, that authority controls until changed by an enactment of equal dignity — a constitutional amendment. … under that provision of the constitution, nor does it appear to qualify thereunder.

Kimball v. Allstate Ins. Co.

712 So. 2d 46 · Supreme Court of Louisiana · Apr 14, 1998

Thus, a law which operates over the whole territory of the state instead of just a particular locality is clearly general, and not local. General and Special Laws in Louisiana, 16 La. … In 1959, this court construed the sovereign immunity provision as it then existed as doing no more than giving the legislature the power to waive the traditional immunity from suit, but not the immunity from substantive tort

Bienvenu v. Angelle

254 La. 182 · Supreme Court of Louisiana · May 5, 1969

immunity of communications concerning public officials established by the United States Supreme Court. … But a qualified privilege is accorded no greater protection when a number of reasons can be advanced for it. .

State of Louisiana v. Jeremy Wilson

Supreme Court of Louisiana · Dec 5, 2018

Both witnesses were granted complete immunity, with the exception that the state might seek to prosecute them for perjury for any false testimony at trial. … The state possessed, in granting immunity, a tool that it could use to compel their presence on the stand.

State v. Brenner

486 So. 2d 101 · Supreme Court of Louisiana · Mar 31, 1986

Defendants also contend that the statute is unconstitutionally vague in prohibiting criminally negligent neglect of the infirm without establishing who has a duty of care. … Those reporting abuse or neglect "other than the person alleged to be responsible for the abuse or neglect" shall have immunity from civil liability because of the report.

Stelly v. Montgomery

347 So. 2d 1145 · Supreme Court of Louisiana · Jul 1, 1977

Such determination is clearly contrary to the sage reasoning announced in the early case of State ex rel . Lasserre v. … Such determination also clearly violates the cardinal rule predominant in all custody matters that the paramount consideration is always the welfare of the children."

State v. Hollingsworth

292 So. 2d 516 · Supreme Court of Louisiana · Mar 25, 1974

Defendant's reliance on Article 771 is clearly misplaced. Article 771 deals with admonition of the jury upon defendant's request. … Its only significance was in the State's procedure of establishing the chain of custody. There is absolutely no merit in these bills of exceptions.

State v. Wallace

25 So. 3d 720 · Supreme Court of Louisiana · Nov 6, 2009

The Court described the 48-hour requirement as follows: Our task is to articulate more clearly the boundaries of what is permissible under the Fourth Amendment. … For this reason, such jurisdictions will be immune from systemic challenges.

Moore v. Roemer

567 So. 2d 75 · Supreme Court of Louisiana · Sep 6, 1990

The committee, however, did not recommend such broad authority in the legislature, and its initial proposal would have qualified the grant of jurisdiction with language, ` [u]nless otherwise provided or authorized in this … The compensation scheme is a tradeoff whereby the employee gives up his right to recover full damages and the employer gives up his tort defenses, particularly immunity when not at fault.

CAMPAIGN FOR a LIVING WAGE v. New Orleans

825 So. 2d 1098 · Supreme Court of Louisiana · Sep 4, 2002

VI, § 9(B) "so as to qualify as an exception to the prohibition against state interference with home rule discretion." For these reasons, the district court declared La. R.S. 23:642 unconstitutional. … Article VI, § 4 of the 1974 Louisiana Constitution grants the City both the power of initiation and the power of immunity. City of New Orleans v.

INTERNATIONAL PAPER CO., INC. v. Hilton

966 So. 2d 545 · Supreme Court of Louisiana · Oct 16, 2007

Thus, the reference in the Resolution that the industrial area "is hereby designated and established as an Industrial Area under the terms and conditions of and with all the privileges, immunities, and responsibilities granted … and conditions of and with all the privileges, immunities and responsibilities granted by Act.

State v. Bosworth

415 So. 2d 912 · Supreme Court of Louisiana · Jun 11, 1982

(The postplea hearings clearly established this.) … Both "misread" the situation, however, and the record clearly established the trial judge gave no assurances regarding the sentence to be imposed.

State v. Trosclair

443 So. 2d 1098 · Supreme Court of Louisiana · Nov 28, 1983

Defendant was permitted to introduce evidence of particular acts establishing these witnesses' possible bias, interest or corruption. … Refusal to Permit Counsel for Defendant to Qualify Either Carl Daigrepont or Dr. Rob Hartwick as Experts in Field of Horse Racing. Defense counsel attempted to qualify Mr.

Byrd v. State ex rel. Department of Public Safety & Corrections

637 So. 2d 114 · Supreme Court of Louisiana · May 23, 1994

established in the medical literature. … Agrawal, the isolated statements do not establish, more probably than not, that Byrd had her-petic rather than ulcerative colitis in January 1987, and that the removal of his colon would not have been necessary if Dr.

Fischer v. Dubroca

163 La. 292 · Supreme Court of Louisiana · Jan 31, 1927

"A later law which is merely a re-enactment of a former does not repeal an intermediate act which has qualified or limited the first one, but such intermediate act will be deemed to remain in force, and to qualify or modify … Sess.), gave the board the authority to sue and be sued, and gave it in fact "all of the rights, powers and immunities incident to corporations." Section 2. State v.

State v. Montgomery

257 La. 461 · Supreme Court of Louisiana · Nov 9, 1970

“The periods of limitation established by Article 578 shall commence to run anew from the date the cause of interruption no longer exists.” … Clearly, defendant’s conduct did not fall within this category.