Case law

In Re: Ashton R. O'Dwyer

221 So. 3d 1 · Supreme Court of Louisiana · Mar 15, 2017

None of you enjoys immunity from criminal acts. … The voluminous record of this matter clearly supports the well-reasoned factual findings of the hearing committee.

Williams v. City of Baton Rouge

252 La. 770 · Supreme Court of Louisiana · Jun 28, 1968

In advancing the argument that the last clear chance doctrine does not apply to the case at bar, defendants assert that plaintiffs have not established a principal element of that doctrine, that is, plaintiffs have not established … Such circumstances clearly indicate to me that the parents' control was interrupted and suspended. Green was neither a student nor an apprentice. His parents had not trained, examined, or instructed him.

State Ex Rel. Porterie v. Gulf, Mobile & N. R.

191 La. 163 · Supreme Court of Louisiana · Oct 31, 1938

We find in the record the following opinion written by the trial judge, in which he states clearly and concisely the issues involved in this litigation, as well as his reasons for judgment. … The G M & N was not operating any railroad business in its own name in this State during that time nor was it qualified to do business in this State.

In Re Benge

24 So. 3d 822 · Supreme Court of Louisiana · Nov 6, 2009

The evidence presented at the hearing clearly proved that she sought the approval of plaintiffs attorney John Vene-zia. … Clearly, I was considering an award for the plaintiff, but I had not yet made up my mind what I was going to do.”

State v. Anderson

996 So. 2d 973 · Supreme Court of Louisiana · Sep 9, 2008

The defendant contends that the trial court erred in finding that the defense failed to establish a prima facie case of discriminatory use of peremptory challenges by the state against three qualified African-American prospective … Thus the defendant must establish that it is more likely than not that he is mentally retarded.

Succession of Hart

52 La. Ann. 364 · Supreme Court of Louisiana · Jan 15, 1900

On the same day these parties qualified as such and letters testamentary issued in their favor. It appears to be an undisputed fact that by this will Judah Hart constituted Samuel Hart and Helen H. … •Defendants’ position is that the ending of the term for the separation of patrimony simultaneously ends the existence of a succession, as such and that a succession once closed can not be re-established.

State v. Taylor

781 So. 2d 1205 · Supreme Court of Louisiana · Feb 16, 2001

Responses by the state qualify as race-neutral unless a discriminatory intent is inherent is inherent in the prosecutor's explanation. Hernandez v. … Porter, the state clearly mischaracterized her responses. When asked whether she would be able to consider both a life sentence and the death penalty, Ms.

State v. Loyd

689 So. 2d 1321 · Supreme Court of Louisiana · Feb 13, 1997

Clearly, the Hamilton decision is based on its facts, not on a rethinking of the Ramos rationale. … La.C.Cr.P. art. 905.2(B) does not violate the Louisiana Constitution by exceeding the parameters established by La. Const. art.

Miller v. Housing Authority of New Orleans

249 La. 623 · Supreme Court of Louisiana · Jun 30, 1966

An unjust enrichment argument cannot prevail in a case such as this where we have concluded that the contract between the parties established when the delay would commence in Pittman's performance of its obligation to pay … That case, however, could have no application to the issue here where, as demonstrated above, Pittman's concession was clearly limited as to Miller.

United States v. Hawkins' Heirs

4 Mart. (N.S.) 317 · Supreme Court of Louisiana · Mar 15, 1826

U *329 has not however, as yet decided the question, whether a special or qualified property in part of the debtor’s estate, would enable the ere-ditor to be paid before the government. … In the latter, as will be hereafter clearly shown, though the form of the instrument does not transfer the title, yet from technical rules growing out of *330 the contract, as first understood and recoenis- .... ⅜ ed in the'civil

Ivan I. Smith, Jr. and Gloria G. Smith v. Kimberly L. Robinson, Secretary of the Department of Revenue, State of Louisiana

265 So. 3d 740 · Supreme Court of Louisiana · Dec 5, 2018

Vial, 193 La. 1, 190 So. 313 (1939), and that an exemption being an exceptional privilege, it must be clearly, unequivocally and affirmatively established. Meyers v. Flournoy, 209 La. 812, 25 So.2d 601 (1946).” … Instead, the Department maintains that this Court may resolve this matter solely on the basis that the Taxpayers do not qualify for the credit on statutory grounds.

Cox v. Von Ahlefeldt

50 La. Ann. 1266 · Supreme Court of Louisiana · Feb 7, 1898

The plaintiffs, collateral heirs of Susan Robinson, a granddaughter of the late Oliver Beirne, sue his testamentary heirs, to establish the asserted rights of the plaintiffs in respect to that part of the immovable property … Beirne are brought clearly within the scope of the article of the Code; that gives this action not only to his forced heir, but also to the heirs and assigns of the forced heir.

Edwards v. Parker

332 So. 2d 175 · Supreme Court of Louisiana · May 5, 1976

The 1921 constitutional provision clearly contemplated that the tidelands money would constitute a special fund, notwithstanding any other provision of law. … The taxpayers contend, to the contrary, that the tidelands funds are never credited to the bond security and redemption fund established by that section, since Article 14, Section 10, is a special directive that such funds

State v. Edgecombe

275 So. 2d 740 · Supreme Court of Louisiana · Mar 8, 1973

Hampton, 7 Cir., 457 F.2d 299 (1972), the Court stated: "It is also established law that evidence of other crimes for which the defendant is not charged is admissible to establish essential elements of the charged crimes, … The state objected to the general nature of the motion to suppress, * * * and the defendant upon inquiry by the Court qualified his motion to suppress, citing the arrest of the defendant on April 17, 1970 and claiming suppression

Caddo Oil & Mining Co. v. Producers' Oil Co.

134 La. 701 · Supreme Court of Louisiana · May 26, 1913

second party reserves the right to abandon said premises whenever it desires to cease operation, and to remove all property placed thereon by it, at discretion. * * * ” Under our law, the condition last above quoted is clearly … And McCue also, who qualified as an expert, testified that the development of the property is “complete,” meaning, as we understand, with reference to the present situation.

Matter of Rollins Environ. Services, Inc.

481 So. 2d 113 · Supreme Court of Louisiana · Dec 31, 1985

And, the Louisiana Administrative Procedure Act clearly anticipates orders prepared by other than agency members. … This provision establishes a degree of independence in the office of the assistant secretary which minimizes the possibility of influence by the secretary in a case such as this, where the Secretary is to be recused from

Des Allemands Lumber Co. v. Morgan City Timber Co.

117 La. 1 · Supreme Court of Louisiana · Jun 30, 1905

This would not have been an unqualified accedence, but, on the contrary, a qualified one, and would go in corroboration of Ooguenhem and Mayer. … As to the averments, they are clearly sufficient. As to the profits, the making of them was the sole motive of defendant in entering into the contract.

Gulf States Utilities v. PSC

578 So. 2d 71 · Supreme Court of Louisiana · Apr 5, 1991

The second error is also clearly evident from the commission's opinion. … Public Service Comm., 262 U.S. 276 , 289 n. 1, 43 S.Ct. 544 , 547 n. 1, 67 L.Ed. 981 (1923) (Brandeis, J., concurring). [2] Louisiana is unlikely to be immune from such an affliction.

Church Mutual Insurance Co. v. Dardar

145 So. 3d 271 · Supreme Court of Louisiana · May 7, 2014

C.C. art. 6 embarked upon, it must first be ascertained whether application of the statute to the facts of the particular case would in fact qualify as a retroactive application. See Walls v. … The statute is clearly procedural. The alternative arguments advanced by Ms. Dardar, and embraced by several of courts of appeal that have considered the issue, likewise do not convince us that La.

Sugar Bowl Gas Corp. v. Louisiana Public Service Commission

354 So. 2d 1014 · Supreme Court of Louisiana · Jan 30, 1978

Sugar Bowl contends that the statutory authority to make such adjustments is qualified by the last paragraph of La.R.S. 45:303 which provides as follows: “The power and authority conferred by this Section shall not apply … As enacted by the legislature in Act No. 373 of 1946, this provision was clearly not intended as a restriction ón the powers of the Commission to adjudicate discrimination claims.