Case law

Naquin v. LAFAYETTE CITY-PARISH GOVERNMENT

950 So. 2d 657 · Supreme Court of Louisiana · Feb 22, 2007

Vermilion Parish School Board, qualified electors and taxpayers challenged the validity of a bond election by timely filing a petition via ordinaria that did not conform to the procedural requirements of La.Rev.Stat. 13:5121 … Clearly, the only statute relevant to interpretation of the bond ordinance at issue here is the provision governing bonding authority to finance capital costs for facilities, La.Rev.Stat. 45:844.52.

Watson Memorial Spiritual Temple of Christ D/B/A Watson Memorial Teaching Ministries, Charlotte Brancaforte, Elio Brancaforte, Benito Brancaforte, Josephine Brown, Robert Parke, Nancy Ellis, Mark Hamrick, Robert Link, Charlotte Link, Ross McDiarmid, Laurel McDiarmid, Jerry Osborne, Jack Stolier, and William Taylor v. Ghassan Korban, in His Capacity as Executive Director of the Sewerage and Water Board of New Orleans

Supreme Court of Louisiana · Jun 28, 2024

its jurisdiction of a claim not filed, the subsequent court must find that the previous case was an exceptional one which clearly and unmistakably required declination. … Rev. 647, 653 (1983) (“the apparent liberality of abolishing most immunity from suit was offset by the continuation of a severe limitation on a private citizen’s ability to enforce a judgment against the state, a state

Fraternal Order of Police Crescent City Lodge No. 2 v. City of New Orleans

862 So. 2d 960 · Supreme Court of Louisiana · Oct 3, 2003

XIV, § 17 and 28 (1974) clearly reflect the intent that conflicting provisions would cease to have any effect. Those provisions state as follows: Section 17. Provisions of Constitution of 1921 Repealed Section 17. … (This concern was no doubt in addition to the suggestion that some, or all, of the provisions were of local, rather than state-wide, concern, and certainly pay raises to the New Orleans police qualify under both these concerns

Bd. of Com'rs of La. v. ALL TAXPAYERS ETC.

360 So. 2d 863 · Supreme Court of Louisiana · Jun 19, 1978

Nothing in this Chapter shall be construed to grant an immunity to or on behalf of any public instrumentality created under this Act from any antitrust laws of the state or of the United States. H. … Clearly, the bonds issued by LAMPCO for the construction of a 115 MW synthesis-gas combined cycle power plant (type of electric generating plant) are not payable solely from the "revenues derived from the operation of the

State v. Molina Healthcare, Inc Molina Information Systems, L.L.C. D/B/A Molina Medicaid Solutions Paramax Systems Corporation And Unisys Corporation

Supreme Court of Louisiana · May 8, 2019

Of great importance for the instant case, the Doucet court acknowledged the general rule and an exception established in Tensas Delta Land Co. … City of Pineville, 403 So.2d 49, 52 (La. 1981), the court found, as a consequence of the general rule, that: the “State,” for the purposes of the constitutional immunity from prescription, does not include a

Louisiana Soc. for Prevention of Cruelty to Children v. Board of Levee Com'rs

143 La. 90 · Supreme Court of Louisiana · Jun 11, 1917

And to the question, “Is it not a fact that on a caving bank no sane man would establish an industry or property that was liable to go into the river, where a new levee was necessary?” … You will have to qualify that.

State in Interest of AC

643 So. 2d 719 · Supreme Court of Louisiana · May 12, 1994

The therapist does not decide whether or not supervised visitation is in the child's best interests, since the statute clearly leaves that decision in the court's hands. … cannot believe that it would burden the state unduly to require that its factfinder have the same factual certainty when terminating the parent-child relationship as the factfinder must *742 have to determine whether one is qualified

State v. Jones

74 So. 3d 197 · Supreme Court of Louisiana · Sep 7, 2011

While defendant testified that he made the request in jest and had no intent to arouse the victim or himself, clearly the jury rejected this testimony. … In finding that a verbal request, without any accompanying physical action, qualifies as an "overt act," the majority effectively renders the "overt act" requirement meaningless.

State v. Hills

241 La. 345 · Supreme Court of Louisiana · Apr 24, 1961

“By the Court: *355 “I believe for any juror to be qualified, he would have to state under voir dire that he did not have any prejudice against any individual. The Court sustains the State’s objection. … I make this mention to you gentlemen so that you will itnderstand that unless you meet these qualifications you would not be qualified to serve as a juror.

Thrift Funds Canal, Inc. v. Foy

261 La. 573 · Supreme Court of Louisiana · Mar 27, 1972

Clearly, the mortgage cannot be classified as a collateral mortgage. It evidences and directly secures an existing debt, *631 a money loan, and possesses none of the formal characteristics of a collateral mortgage. … Our holding implies that these loans are unsecured in the absence of parol evidence to establish the intent of the parties at the time the mortgage was executed.

In Re King

857 So. 2d 432 · Supreme Court of Louisiana · Oct 22, 2003

V, § 25(C) clearly lists "conduct while in office which would constitute a felony," as a grounds for discipline. … Rule XXIII, § 26 to refrain from qualifying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office.

State v. Doucet

199 La. 276 · Supreme Court of Louisiana · Jan 5, 1942

If the power exercised by the judge should be recognized, it would insure an immunity from legal pursuit. … The .law, they said, never contemplated that any man, however, honorable, should be a judge in his own case. “ ‘We ourselves have already ruled clearly in this sense on this very question. State ex rel. Tyrrell v.

In re the Succession of Conrad

45 La. Ann. 89 · Supreme Court of Louisiana · Jan 15, 1893

Both executors qualified, but Moore died íd 1867, prior to the filing of any account of administration — he having managed the affairs of the succession, chiefly, during his lifetime. … Rongeaux, 20 An. 577, as establishing a contrary doctrine; but a casual inspection of those cases, shows that they state exceptional facts which do not militate against the general principles just announced.

Brickman v. New Orleans Aviation Board

236 La. 143 · Supreme Court of Louisiana · Dec 19, 1958

But to conclude, as the majority has in this case, that a person in classified service is immune from disciplinary action merely because she has been a faithful worker and could, under normal conditions, perform the tasks … The facts as detailed by the Commission itself clearly show that the dismissal of appellant was arbitrary and capricious.

Southern St. Masonry v. JA Jones Const.

507 So. 2d 198 · Supreme Court of Louisiana · May 18, 1987

In neither subcontract was it recited, or clearly implied, that the subcontractor was, in effect, an insurer of LWE's solvency. … The underlined qualifying verbiage seems to underscore that human element which caused Benjamin Franklin to write that "in this world nothing is certain but death and taxes."

State ex rel. Miller v. Reid

45 La. Ann. 162 · Supreme Court of Louisiana · Jan 15, 1893

The averment in that suit relied upon is, that defendant was elected sheriff on the 19th of April, 1892, and has been .commissioned and qualified as such, and that he is sheriff of *170 said parish of Calcasieu. … This specification of the statute clearly refers to a private party making complaint of the ineligibility of the respondent, and not a rival claimant to the office, and is entirely independent of the additional provision

Bernard v. Ellis

111 So. 3d 995 · Supreme Court of Louisiana · Jul 2, 2012

While Plaintiffs are relatives of Ann Bernard, they are not residents of her household and thus do not qualify as UM insureds under the specific language of Part C of the policy. … The Plaintiffs, who were riding as guest passengers in the vehicle, were clearly using the vehicle in a manner related to the vehicle’s inherent purpose (i.e., as a means of transportation).

State v. Bowie

813 So. 2d 377 · Supreme Court of Louisiana · Apr 3, 2002

Clearly, the witnesses' credibility had a significant impact on the outcome of the trial. … established principals of law.

Burns v. Thompson

39 La. Ann. 377 · Supreme Court of Louisiana · Apr 15, 1887

usual, in such cases, the contest is exclusively between the wife and her husband’s creditors, several of whom had intervened in this case, as judgment creditors, for the purpose of resisting plaintiff’s demand, which is qualified … The theory of the case, which has been impressed upon our minds as flowing naturally from this established proposition, is that the husband as head and master of the *384 community, became the true and legal owner of the

State v. Snyder

750 So. 2d 832 · Supreme Court of Louisiana · Apr 14, 1999

Hernandez, 500 U.S. at 357 , 111 S.Ct. at 1868 (State response will qualify as race neutral "unless a discriminatory intent is inherent in the prosecutor's explanation"). … It was—She clearly described this wound as nonfatal, and she clearly warned us that it was very dramatic-looking. There is no purpose. It doesn't establish cause of death.