Case law

Barrett v. General Mutual Insurance

8 La. Ann. 99 · Supreme Court of Louisiana · Apr 15, 1853

The facts are established in the same manner and to the same extent as in the other cases. For the reasons given in the case of Lapeñe & Ferré v. … The American system of jurisprudence has added a third and qualified warranty, the nature of which together with the recognition of the English as the general rule, is clearly set forth in Starbuck v.

Landry v. Bellanger

851 So. 2d 943 · Supreme Court of Louisiana · May 20, 2003

Thus, this article clearly requires that the fault of every person responsible for a plaintiff's injuries be compared regardless of the legal theory of liability asserted against each person. [3] Dumas v. … Absent a qualifying privilege, any provocative or aggressive conduct on the part of the plaintiff should be incorporated into the allocation of fault by the trier of fact.

Evans v. Lungrin

708 So. 2d 731 · Supreme Court of Louisiana · Feb 6, 1998

She has previously testified in court after being qualified as an expert in custody matters. Ms. … DISCUSSION It is well-settled that a court of appeal may not set aside a trial court's or a jury's finding of fact in the absence of "manifest error" or unless it is "clearly wrong." Rosell v.

Choppin v. Dauphin

112 La. 103 · Supreme Court of Louisiana · Jan 18, 1904

His succession was duly opened, his will probated and ordered to be executed, an inventory made, and his executors qualified. … That the succession was opened and an inventory made, and that said executors qualified.

Young v. Stevens

252 La. 69 · Supreme Court of Louisiana · Mar 25, 1968

No circumstance more clearly suggests litigation than this fact. … The contract was clearly enforceable there, as the statement of approximate measurements of the lot was qualified (as here) by the words in the sales contract "or, as per title," and, so long as the vendor was able to convey

Succession of Geagan

212 La. 574 · Supreme Court of Louisiana · Nov 10, 1947

Geagan, Jr., in due time qualified as testamentary executor, and an inventory of decedent’s estate was made. … That this was his full intent and purpose is clearly shown by the testimony of witnesses who were friends of both husband and wife.

State of Louisiana v. Derrick A. Dotson

Supreme Court of Louisiana · Oct 18, 2017

in fact establish this prospective juror could not be fair and impartial in these cases. … However, as the trial judge again correctly observed, K.C. did not declare that her mother’s rape and murder would affect her ability to be impartial, as her affirmative response was immediately qualified by an expression

Douglas Bienvenu v. 1 and 2 87184 C/W John Doe v. 1 and 2 87515

Supreme Court of Louisiana · Jun 12, 2024

R.S. 9:2800.9 retroactively by reviving previously prescribed claims is clearly and explicitly stated in Act 386. … In concluding (1) the legislature clearly expressed its intent that the amended provisions of La.

State v. Weary

931 So. 2d 297 · Supreme Court of Louisiana · Jun 23, 2006

Testimony establishes this was not a racially-motivated crime. … Miles was a qualified prospective juror that the trial court failed to rehabilitate or question regarding her views on the death penalty.

State v. Goins

232 La. 238 · Supreme Court of Louisiana · Feb 25, 1957

Clearly the trial judge ruled correctly. The only issue before the court at that time was the free and voluntary nature of the confessions. … The state showed that the wife was qualified to make the identification and this was not rebutted by defendant. Her interest affected only the weight, not the admissibility, of the evidence. Bill No. 44.

Wooley v. State Farm Fire and Cas. Ins. Co.

893 So. 2d 746 · Supreme Court of Louisiana · Jan 19, 2005

Similarly, in O'Reilly , we stated that the provision at issue clearly "allows the commissioner to exercise a portion of judicial power restricted by La. Const. art. … The commissioner shall adopt rules and regulations necessary for the implementation of this Subsection including a provision defining special commercial entities which qualify for exemption.

State v. Christine

239 La. 259 · Supreme Court of Louisiana · Feb 15, 1960

If all of the qualifying terms above enumerated were contained in LSA-R.S. 14:106(3), they would amount to nothing but tautology or redundancy. … "We find no error in the trial court's findings of fact, based upon its application of this standard to the facts established by the record in this case. We adopt Judge Driver's opinion as the opinion of the court.

Williams v. City of Baton Rouge

731 So. 2d 240 · Supreme Court of Louisiana · Apr 13, 1999

The court of appeal found that this did not qualify as an inverse condemnation suit because "[d]espite their attempts on appeal to characterize their actions as something other than trespass, the defendants have not established … Samedan Oil Corp., 483 So.2d 925 (La.1986). [5] However, in this *251 case, the amount of mental anguish awards are clearly beyond that which a reasonable trier of fact could assess.

Succession of Bey

46 La. Ann. 773 · Supreme Court of Louisiana · Apr 15, 1894

Roper that “ if anything happens to her,” that she must let him know — qualifying the observation by the remark that she might die, or that she 'might have to be strapped down. … When the will is established to have been made by the testator himself, unaided by others, and when its provisions and expressions are sage and judicious, ‘containing nothing sounding to folly,’ these facts establish a presumption

State v. Watkins

988 So. 2d 176 · Supreme Court of Louisiana · Feb 26, 2008

Clearly, the California claim was paid in full and their present action in Louisiana is an attempt to circumvent the prior ruling. … In this case, Watkins argues that res judicata qualifies as "a defense under the law of this state to the remedy sought" and that "full or partial payment has been made," However, as we explained above, res judicata is not

State Ex Rel. Glover v. State

660 So. 2d 1189 · Supreme Court of Louisiana · Sep 5, 1995

In dictum, Justice Rehnquist, writing for a four justice plurality, stated: The Due Process Clause ... does not establish any right to an appeal ... and certainly does not establish any right to collaterally attack a final … To qualify as an ex post facto law under this inquiry, the suspect legislation: (1) must be passed after the date of the offense, (2) must relate to the offense or its punishment, and (3) must alter the situation of the accused

Sher v. Lafayette Ins. Co.

988 So. 2d 186 · Supreme Court of Louisiana · Jul 7, 2008

With regard to such classification, we have stated: Substantive laws establish new rules, rights, and duties or change existing ones. … . * * * In this case, Plaintiff has had to watch his home sustain ongoing damage as a result of Louisiana Citizens' decision to not pay timely insurance payments, which qualifies the case under subsection (1).

Gordon v. Council of City of New Orleans

9 So. 3d 63 · Supreme Court of Louisiana · Apr 3, 2009

Such clauses usually embody a formula established during a rate hearing to permit adjustment of rates in the future to reflect changes in specific operating costs, such as the wholesale cost of gas or electricity. … Steven Ruback also testified on behalf of the Plaintiffs. 13 He was qualified as an expert in “fuel adjustment clause analysis *91 and policy.”

State Ex Rel. Guste v. General Motors Corp.

370 So. 2d 477 · Supreme Court of Louisiana · Apr 9, 1979

These dissimilarities are evidence of the failure of petitioners to shoulder the burden of establishing the existence of all true class action prerequisites. … However, § 1414 entitles the Attorney General to use all procedures in the Code of Civil Procedure, which clearly includes the class action.

Anthony Crane Rental, LP v. Fruge

859 So. 2d 631 · Supreme Court of Louisiana · Oct 21, 2003

Further, it is a well-recognized and long-established rule of statutory construction that statutory provisions should be construed along with the remainder of the statute, and all statutes on the same subject matter should … In this case, Act 285 of 1950 clearly provides municipalities with the authority, through proper elections, to levy and collect *638 sales and use taxes in accordance with the definitions, practices and procedures of 47:301