Case law

State v. Jett

419 So. 2d 844 · Supreme Court of Louisiana · Sep 7, 1982

The article relating to qualified pleas simply deleted the language providing for such plea. This revision was clearly designed to limit the jury discretion found so objectionable in Furman by Justice White. … He clearly poses a risk to the safety of the public.

Burmaster v. Plaquemines Parish Government

982 So. 2d 795 · Supreme Court of Louisiana · May 21, 2008

If a plaintiff could avoid the prohibition (i.e., the immunity from claims under La. … To the extent that the statute establishes a burden of proof in malpractice actions, it clearly should be characterized as procedural and therefore applied to pre-existing facts and relations.

Succession of Guillory

232 La. 213 · Supreme Court of Louisiana · Feb 25, 1957

trustee in Louisiana under the provisions of RS 9:1871; (2) the will attempts to establish a trust for a period longer than ten years from decedent’s death and for that reason is null; (3) is further null under Louisiana … The bequest is clearly a prohibited substitution, and, as such, violative of the public policy of this state as expressed in our basic and statutory law, Section 16 of the Fourth Article of the Constitution of 1921; Article

Simeon v. Doe

618 So. 2d 848 · Supreme Court of Louisiana · May 24, 1993

It has long been a well-established *858 rule that in sales of food for domestic use there is an implied warranty that it is wholesome and fit for human consumption. Race v. … PERSONS WITH LIVER, STOMACH, BLOOD, OR IMMUNE SYSTEM DISORDERS.

Board of Supervisors of La. State Univ. v. Lewark

281 So. 2d 706 · Supreme Court of Louisiana · Aug 20, 1973

Material may not be posted on bulletin boards, walls, or doors except in accordance with the rules established for each building. … On the other hand, some groups who did not qualify were denied authority.

Eastwood v. Niblett's Bluff Park Authority

137 So. 3d 1200 · Supreme Court of Louisiana · Apr 17, 2014

The undisputed evidence in the record establishes the majority of the park’s funding came from local property taxes. … However, defendants' actions were clearly not grossly negligent, nor did defendants act with intent to cause injury or with indifference to the consequences of their actions. See DeLaFosse v.

State v. Sanford

218 La. 38 · Supreme Court of Louisiana · Jun 30, 1950

with respect thereto will not be disturbed on appeal unless clearly not supported by the evidence. … 'The defendant did not himself take the stand or offer any countervailing evidence, ■or in any way establish the contrary to- be true.

State v. Davis

208 La. 954 · Supreme Court of Louisiana · Jun 29, 1945

Brice claimed immunity when questioned about his duties as bookkeeper for defendant. … The identified tickets, which were clearly admissible, were links in the state’s chain of' proof.

State v. Ramsey

292 So. 2d 708 · Supreme Court of Louisiana · Mar 25, 1974

As amended the article provides: "Art. 817 Qualifying verdicts in capital and noncapital cases "In a capital case the jury may qualify its verdict of guilty as follows: "(1) With the addition of the words `without capital … The director of corrections shall establish procedures for awarding and recording of good time and shall determine when good time has been earned toward diminution of sentence.

Bryon v. Jumel

32 La. Ann. 442 · Supreme Court of Louisiana · Mar 15, 1880

Two propositions of fact are clearly established: 1st. … That it was promulgated before the relator qualified. These facts, we think, are-decisive of the cause, and render it legally impossible that we should grant the relief prayed for.

State ex rel. DaPonte v. Board of Assessors

35 La. Ann. 651 · Supreme Court of Louisiana · May 15, 1883

clearly the exoneration rests upon the party averring. … In claiming an exemption the relator has placed himself within the exception of the rule, and assumed to prove his title to immunity.

Marilyn H. McBride, Davy A. Dowdy, and Joey E. Miller v. Old Republic Insurance Company, John K. Woodard, David G. Brooks, Sr., and Enable Midstream Partners, Lp

Supreme Court of Louisiana · Jun 27, 2025

The foregoing clearly establishes a basis for the trial court’s finding of fault on Enable’s part. Enable maintains it was unaware that White Oak employees would be using a torch to cut the piping. … So clearly that’s, you know, a matter of a few years.

Administrators of the Tulane Education Fund v. Board of Assessors

38 La. Ann. 292 · Supreme Court of Louisiana · Apr 15, 1886

The University is delivered to the Tulane Administrators with all its franchises immunities and property to be governed and developed by them. … burden, are questions which the Legislature must decide upon its oion judgment, and in respect to which it is vested with a large discretion which cannot be controlled by the courts, except, perhaps, where its action is clearly

Guidry v. Frank Guidry Oil Co.

579 So. 2d 947 · Supreme Court of Louisiana · May 13, 1991

Defendants did not prove the 45 percent of fault assigned to decedent; the jury's conclusion is clearly wrong. Smith v. Travelers Ins. Co., 430 So.2d 55 (La. 1983). … On the first question, the jury should be required to allocate a percentage of fault to the employer when the evidence establishes the employer's fault.

Liquefied Petroleum Gas Commission v. E. R. Kiper Gas Corp.

229 La. 640 · Supreme Court of Louisiana · Feb 20, 1956

by law to act for the body, have been appointed and qualified. … This election was held but two of the fifteen members were unable to qualify.

Kansas City Southern Railway Company v. Reily

242 La. 235 · Supreme Court of Louisiana · Dec 11, 1961

the taxpayer therein, and it is well settled that a state may, within certain limits measure or compute the amount of an excise or franchise tax upon a foreign corporation with reference to assets or income which would be immune … Fontenot, decided by this Court in 1954. 7 ' That case is clearly decisive of the point..

State Ex Rel. Department of Highways v. Ouachita Parish School Board

242 La. 682 · Supreme Court of Louisiana · Dec 29, 1961

This power is inherent in all government, coming into being eo instante with the establishment of the government and continuing as long as the government endures, and does not require recognition by constitutional provision … department’s petition specifically states that the project above designated provides for the construction of what is called a controlled-access facility, and the ex parte order of expropriation signed by the trial judge clearly

Edward F. Breaux, Jr.; Linda Breaux v. Kevin Ray Worrell; City of Wilson North Carolina; Travelers Indemnity Company, Incorrectly Named as Travelers Indemnity Insurance Company; Travelers Property Casualty Company of America C/W Jessie J. Blanchard; Vickie B. Blanchard v. Travelers Indemnity Company; Kevin Ray Worrell, City of Wilson North Carolina

Supreme Court of Louisiana · Apr 10, 2026

Worrell does not qualify as such, there is no immunity in this case under the statute.10 9 This contractual language also excludes the possibility that Mr. … State, 635 So. 2d 188, 193 (La. 1994) (“Immunity statutes must be strictly construed against the party claiming the immunity.”).

City of Shreveport v. Schulsinger

113 La. 9 · Supreme Court of Louisiana · May 23, 1904

business in which the defendants are engaged, and that the ordinance is in contravention of the fourteenth *13 amendment to the Constitution of the United States, “in that it seeks to abridge and destroy the privilege and immunity … probable effect of the ordinance is that of the two witnesses who are interested in the business to which it applies; but they do not testify to facts, they merely give their opinions upon a matter .in which they are not qualified

Byrd v. STATE THROUGH DEPT. OF PUBLIC SAFETY

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 herpetic rather than ulcerative colitis in January 1987, and that the removal of his colon would not have been necessary if Dr.