Case law

Kerry Simmons v. Cornerstone Investments, LLC

Supreme Court of Louisiana · May 8, 2019

Under this well-established doctrine, the payments received from the independent source are not deducted from the award the aggrieved party would otherwise receive from the wrongdoer. … art. 414 clearly demonstrates that the Legislature did not intend for juries to have even indirect evidence of any workers’ compensation benefits received by a claimant.

State of Louisiana v. Leslie C. Thompson

Supreme Court of Louisiana · Sep 18, 2017

Defendant subsequently filed a written motion for mistrial alleging that racial issues had clearly become a factor in the trial. … The resultant report can take one of four forms: an unqualified opinion, a qualified opinion, an adverse opinion, or a disclaimer.

State of Louisiana v. Leslie C. Thompson

Supreme Court of Louisiana · Sep 18, 2017

Defendant subsequently filed a written motion for mistrial alleging that racial issues had clearly become a factor in the trial. … The resultant report can take one of four forms: an unqualified opinion, a qualified opinion, an adverse opinion, or a disclaimer.

Lyons v. Woman's League

124 La. 222 · Supreme Court of Louisiana · Jun 7, 1909

Lyons, individually and as the duly qualified tutrix of her minor child, Alice Elizabeth, averring that she is owner in common with said minor of sundry movables and immovables (among the latter the property in question), … “The pronoun ‘it,’ following the verb ‘cause’ in said article, clearly refers to property in common with him, and it is the property (in common) so adjudicated which must remain specially mortgaged to secure the payment of

Allen & Currey Mfg. Co. v. Shreveport Waterworks Co.

68 L.R.A. 650 · Supreme Court of Louisiana · Jan 16, 1905

Corporations legally established are substituted for persons, and their union, which renders common to all those who compose-them, their interests, their rights and their privileges, is the reason why they are considered … Doubtless appreciating the strength of this legal situation, the learned counsel seek to escape from it by qualifying the alleged agency of the city.

State v. Robertson

712 So. 2d 8 · Supreme Court of Louisiana · Mar 4, 1998

The unargued assignments of error do not present reversible error and are governed by clearly established principles of law. … C.E. art. 510 was clearly not violated by the release and introduction of these documents.

In re Boothe

110 So. 3d 1002 · Supreme Court of Louisiana · Jan 29, 2013

V, § 25(C), as he clearly knew not to write to an inmate, even if that inmate is acting pro se, on matters dealing with substantive matters relevant to his sentence. … Judge Boothe denied any ill feelings toward Judge Johnson, he did make frequent reference to information he had received to the effect that if Judge Johnson had an opponent in the 2008 judicial election she was going to qualify

State v. Green

655 So. 2d 252 · Supreme Court of Louisiana · May 22, 1995

Zimmerman, who was qualified as an expert in forensic psychology, testified that he spent approximately nine (9) hours with Green, during which time he interviewed Green and administered a battery of psychological tests. … In this case, the trial court clearly disagreed with Dr.

State v. Louviere

833 So. 2d 885 · Supreme Court of Louisiana · Sep 4, 2002

NOTES [1] Because this case involves sexual offenses, the names of the victims of such offenses will be replaced with initials. [2] The assignments of error not discussed in this opinion are governed by clearly established … While we noted this theoretical possibility, we stated that "it is apparent without need for further amplification that a qualified plea of guilty with capital punishment would be prohibited because the law has long been

Schreiber v. Beer's Widow & Heirs

150 La. 675 · Supreme Court of Louisiana · Jan 2, 1922

in suspense” was meant a complete abeyance of the heirship, the situation would be that as long as the suspense lasted there would be no heir — a consequence which would be as fatal to the. proposition of the heir being qualified … These articles do not say that the creditor may not bring the suit which article 1000, supra, clearly indicates he may bring.

State v. Blank

955 So. 2d 90 · Supreme Court of Louisiana · Apr 11, 2007

Defendant maintains that the record did not establish that he made a knowing waiver of his Miranda rights. … Clearly, a person's attitudes towards Hitler do not serve as a litmus test for selection on a capital jury.

Dauzat v. Allstate Insurance Company

257 La. 349 · Supreme Court of Louisiana · Dec 14, 1970

This is clearly permissive, and in no way mandatory. … Under full bench, we find, "The Court with all the qualified judges sitting in a case, particularly an appellate court."

In re Justice of the Peace Franklin

969 So. 2d 591 · Supreme Court of Louisiana · Nov 27, 2007

OSC counsel expressed his belief that the evidence clearly and convincingly showed that there was no trial ever conducted in either the Cain or Davis matters. … The plaintiff may obtain a final judgment only by producing relevant and competent evidence which establishes a prima facie case.

State v. Langley

711 So. 2d 651 · Supreme Court of Louisiana · Jun 19, 1998

The State objected to the question and the trial judge sustained the objection because, having not seen the defendant since his incarceration in Georgia, the witness was not qualified to give this opinion. … Although the economic impediment to jury service caused by the lack of compensation or support services may be less than ideal, it is not the role of this Court to establish a system in which *675 lost wages and child care

State v. Mitchell

258 La. 427 · Supreme Court of Louisiana · Mar 29, 1971

There shall be no formal requirement as to the language of the verdict except that it shall clearly convey the intention of the jury. “The foreman of the jury shall deliver the verdict to the judge in open court.” … otherwise, favoring disclosure in criminal cases analogous to the civil practice.” . “ * * * We hold that the petitioner was not required to lay a preliminary foundation of inconsistency, because a sufficient foundation was established

STATE of Louisiana v. I.C.S.; State of Louisiana v. C.M.S.

145 So. 3d 350 · Supreme Court of Louisiana · Jul 1, 2014

Accordingly, on its face, the statute clearly requires these defendants -- adults who pleaded guilty to an enumerated sex offense -- to register as sex offenders. … However, these are juvenile offenders, not adult offenders, who, because 9 Louisiana’s sex offender registration requirement was established by 1992 La.

Stucke v. Orleans Railroad

50 La. Ann. 172 · Supreme Court of Louisiana · Jan 24, 1898

Again: “ An employer who is engaged in a hazardous enterprise can not be required to give to every laborer a positive guarantee against danger, and immunity against injury, which might be suffered from *196 accidental and … Electric Light and Power Co., 41 An. 964, this court clearly defined the duty of the master to his servants, in regard to employing them in any dangerous enterprise, in the following emphatic language, viz.: “ At any rate

United Gas Corporation v. Fontenot

241 La. 488 · Supreme Court of Louisiana · Apr 24, 1961

However, as pointed out in the .annotation at 67 A.L.R.2d at page 1344, “Interstate commerce and its instrumentalities are not totally immune from state taxation, absent action by Congress. … Moreover, as the record clearly establishes, the entire proceeds realized from the sale of this stock were commingled with the funds of the corporation in New York banks, where the stock was sold after re *563 moval from

La. Associated Gen. Contractors, Inc. v. STATE EX REL. DIV. OF ADMINI.

669 So. 2d 1185 · Supreme Court of Louisiana · Mar 8, 1996

The LAGC alleges in its petition that LAGC members regularly submit bids to perform work for the state, intend to submit bids in the future, are qualified to bid on all projects, but will be denied the right to bid on or … The set-asides and preferences under the Act clearly discriminate against a person on the basis of race, and the Act, to that extent, is unconstitutional under La. Const. Art. I, Sec. 3.

In re Martin

883 So. 2d 392 · Supreme Court of Louisiana · Sep 3, 2004

Guideline 1 is clearly applicable to this case. Respondent converted more than $50,000 in settlement funds owed to his clients. … However, the Louisiana Secretary of State has no record of a limited liability company qualified under that name. .