Case law

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.

Johnston v. Burton

202 La. 152 · Supreme Court of Louisiana · Nov 30, 1942

Marin was appointed and qualified as the administrator thereof. In those succession proceedings, Mrs. Augusta Rogers Johnston, the deceased’s mother (who was then alive), C. N. Johnston and Mrs. … On the contrary, the Civil Code and the well-established jurisprudence of this court make it plain that all of the decedent’s heirs must be joined as parties to the action in order that a partition of the property may be

State v. Guirlando

152 La. 570 · Supreme Court of Louisiana · Jun 23, 1922

The mere production of the jury lists, annexed to the motion, does not establish such charges per se. In the case of the State v. … Section 4 of said act provides that the jury commission shall “select from the persons qualified under this act to serve as jurors for their respective parishes, the names of three hundred (300) competent, good and true men

State v. Fallon

290 So. 2d 273 · Supreme Court of Louisiana · Feb 15, 1974

The trial judge was of the opinion they could not and ruled they were not qualified. … His real defense was insanity at the time of the commission of the offense which he could not satisfactorily establish.

Foscue v. Mitchell

190 La. 758 · Supreme Court of Louisiana · Feb 7, 1938

Norton on account of said claim by his family, is clearly shown by the testimony. Mr. F. G. Rives, field superintendent of R. W. … To think that he told him does not establish the fact that he told him.

State v. Odenbaugh

82 So. 3d 215 · Supreme Court of Louisiana · Dec 6, 2011

Indeed, it established quite the opposite. … qualified African-American prospective jurors in violation of Batson v.

Succession of McCan

48 La. Ann. 145 · Supreme Court of Louisiana · May 10, 1895

The language of the Oode clearly shows this. … She qualified, administered the estate, filed and had her final account homologated, herself placed in possession and finally discharged.

Interdiction of Gasquet

147 La. 722 · Supreme Court of Louisiana · Jun 10, 1920

In that case Gasquet contended that this same Tennessee judgment had had the effect of making him sui juris, and that, it being entitled in Louisiana to full faith and credit, he was sui juris here, and therefore qualified … This court found Gasquet not to be subject to interdiction for mental unsoundness, and yet interdicted him; clearly thereby establishing a distinction between mental unsoundness, as ordinarily understood, and the condition

State v. Wille

559 So. 2d 1321 · Supreme Court of Louisiana · Mar 12, 1990

.2d 355 (La.1989), this court stated: Maynard, however, does not preclude the application of this aggravating circumstance with a limiting construction, which permits the jury to distinguish those types of murders which qualify … There was sufficient evidence to establish that there was torture or the pitiless infliction of unnecessary pain on the victim in this case.

State v. Passman

345 So. 2d 874 · Supreme Court of Louisiana · Apr 11, 1977

Officer Olsen freely admitted that he was not qualified to make identifications based on fingerprint comparison. … Defendant acknowledged at trial that Officer Olsen was qualified to lift fingerprints. We find that Olsen was qualified to testify as to the fact of whether any prints were lifted. Cf. State v.

State v. Bourque

622 So. 2d 198 · Supreme Court of Louisiana · Jul 1, 1993

In order to be valid, "a search warrant may issue only upon probable cause established to the satisfaction of the judge, by *220 the affidavit of a credible person, reciting facts establishing the cause for issuance of the … Stoute helped to establish the serious nature of her injuries.

State v. Cooks

720 So. 2d 637 · Supreme Court of Louisiana · Oct 6, 1998

The records *645 are replete with numerous disciplinary violations by Sampson and clearly indicate he was not a model prisoner. … Officer Chad Zimmerman was qualified as an expert in gang violence with no objection by defense counsel.

Dantoni v. Board of Levee Commissioners of Orleans Levee District

227 La. 575 · Supreme Court of Louisiana · Mar 21, 1955

increased when the rate of such increase and the necessity therefor shall have been submitted to and voted for at an election called for that purpose by a majority in number and value of the property taxpayers of said district qualified … prove and establish the correctness of every item in the budget and the necessity of the work proposed therein.

Media Production Consultants, Inc. v. Mercedes-Benz of North America, Inc.

262 La. 80 · Supreme Court of Louisiana · May 1, 1972

The maker of Media's vehicle is a foreign corporation, not qualified to do business in the United States. … In its distribution agreement, MBNA assumes the total responsibility for marketing the cars in the United States and for selling, servicing, and establishing franchise dealerships.

State Ex Rel. Porterie v. Walmsley

183 La. 139 · Supreme Court of Louisiana · May 11, 1935

Constitution, and violates section 13 of the same article of the Constitution (1921); which declares that no person shall be eligible to any office, state, district, parochial, municipal, or ward office, who is not a duly qualified … But, apart from all this, the following excerpt from the same authoritative work [Dillon] on the law of [municipal] corporations clearly fixes the character of this board as a municipal agency, to wit: "`Questions have arisen

State of Louisiana v. Channing R. Gray

218 So. 3d 40 · Supreme Court of Louisiana · Mar 15, 2017

The absence of language qualifying or restricting the term “facts” clearly indicates that “facts” is used in its broadest sense. Support for this conclusion can be found in State v. … The trial The limitations established in the chapter referenced in Article 581 (Chapter 2.

Power Marketing Direct, Inc. v. Foster

938 So. 2d 662 · Supreme Court of Louisiana · Sep 6, 2006

Additionally, our jurisprudence qualified this activity under *668 these circumstances as an ill practice as contemplated by C.C.P. … However, Power Marketing has clearly participated in the Ohio litigation by the filing of its pleading and its reply to Foster's counterclaim.

In Re Medical Review Panel, Claim of Moses

788 So. 2d 1173 · Supreme Court of Louisiana · May 25, 2001

Stressing the lack of continuing treatment, defendant submits that there was no continuing tort and that plaintiff's claim is clearly prescribed. … In response, the Louisiana Health Care Authority filed an exception of prematurity, noting that UMC is a qualified health care provider.

Hondroulis v. Schuhmacher

553 So. 2d 398 · Supreme Court of Louisiana · Jun 19, 1989

An adverse result does not establish a material risk. … "Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence.

State v. May

339 So. 2d 764 · Supreme Court of Louisiana · Nov 8, 1976

Such a finding is permissible only if supported by evidence establishing guilt beyond a reasonable doubt. … During the course of voir dire, it was established that Adams lived next door to Mrs.