Case law

Mulina v. Item Co.

217 La. 842 · Supreme Court of Louisiana · Jun 30, 1950

reader, after reading the explanatory item along with the pictures and the headline would see that neither expressly nor by implication was the plaintiff one of the indictees in the case, nor could they say (and this was clearly … what he wrote was no libel, and will not bear the construction which the plaintiff seeks to put upon it, he may give in evidence any other passages in the same publication which plainly refer to the same matter or which qualify

Williams v. Police Jury of Concordia Parish

160 La. 325 · Supreme Court of Louisiana · Jan 4, 1926

The motion to elect should have been overruled, as plaintiffs clearly had the right to allege all of the grounds of attack upon the resolutions apportioning said funds, and to be heard as to" all of such grounds as a whole … The authority of police juries to lay out, establish, build, and maintain public roads within the limits of their respective parishes is admitted.

Kelty v. Brumfield

633 So. 2d 1210 · Supreme Court of Louisiana · Mar 8, 1994

Further, the MMA and the MLSSA must be strictly construed because they grant immunities or advantages to special classes in derogation of the general rights available to tort victims. Galloway v. Baton Rouge Gen. … Peremptory grants and orders are generally reserved for clear-cut cases involving well established principles of law.

Smith v. Parish Democratic Executive Committee

164 La. 981 · Supreme Court of Louisiana · Nov 30, 1927

Clearly the purpose of all this is to exclude from participation in party primaries whether as voters or candidates, all who have not established their right to vote by registration according to law, and, beyond that, to … Accordingly we must hold that the plaintiff not having timely registered and declared his party affiliation was not duly qualified to be a candidate, and that the decision of the committee and of the district court-was right

State ex rel. Duffel v. Marks

30 La. Ann. 97 · Supreme Court of Louisiana · Jan 15, 1878

and professors, but once that appointment has been made, that power is exhausted, unless a vacancy occurs, and once they receive their appointments, the independent and exclusive powers and duties of the professors are as clearly … established aDd defined as those of the administrators themselvfes, of whom as to these powers the faculty is as independent as is the Board of Administrators of them.

State v. Carter

347 So. 2d 236 · Supreme Court of Louisiana · Jun 20, 1977

Although he had never been qualified as an expert in the field of drug trafficking, he had been qualified as an expert on controlled dangerous substances on several occasions. … Thus, the experts were accepted in a clearly defined *238 area which was not vague and which was appropriate for expert opinion.

Green v. Johnson

149 So. 3d 766 · Supreme Court of Louisiana · Oct 15, 2014

the limits of liability and it is well established that this contract of insurance is the law between the parties.” … Commercial Union Insurance Company, 332 So.2d 909, 912 (La.App. 2 Cir. 1976) ("A motorcycle is clearly a land motor vehicle.”). .

Red Stick Studio Development, L.L.C. v. State Ex Rel. Department of Economic Development

56 So. 3d 181 · Supreme Court of Louisiana · Jan 19, 2011

The State argues the use of the past tense in “qualify for tax credits earned on expenditures” clearly suggests that credits must be actually earned. … Red Stick argues that “application” as used in Section 3(C) clearly means the filing submitted to obtain certification.

State v. Brown

221 La. 394 · Supreme Court of Louisiana · Apr 28, 1952

by counsel for defendant, he was again. informed by the court that he might answer those but shortly thereafter the court again cautioned him •that he need not answer adding its own observation that the witness was not qualified … We conclude therefore that under the authorities cited, counsel for the witness, Claude Wilson, had no right to interpose any objection nor to claim the privilege of immunity on his behalf and further that the trial judge

Bush v. National Health Care of Leesville

939 So. 2d 1216 · Supreme Court of Louisiana · Oct 17, 2006

Our decision establishes a new principle of law by overruling clear past precedent on which litigants have relied. … The first Lovell factor focuses on whether the decision establishes a new principle of law by overruling "clear past precedent on which litigants have relied."

Martone v. Morgan

251 La. 993 · Supreme Court of Louisiana · Feb 19, 1968

The investigatory and fact-finding functions of the Labor-Management Commission of Inquiry are clearly not a criminal prosecution (see Article 381, Louisiana Code of Criminal Procedure; State v. … Besides, the establishment. of guidelines for the procedure in the Open Flearing Investigation was in essence an advisory view given under our supervisory powers to control proceedings before inferior courts when, from the

Bradford v. Louisiana Public Service Commission

189 La. 327 · Supreme Court of Louisiana · Feb 7, 1938

This clearly shows that the commission had the authority to regulate and govern the service to be rendered. … However, in the instant case, in view of the wording of this paragraph and the qualifying language used immediately after, the words “or a new one granted” clearly show that it contemplates a new certificate granted in lieu

State v. Burkhalter

211 La. 342 · Supreme Court of Louisiana · Mar 17, 1947

Proof of a prior difficulty between the deceased and the accused on trial for murder is clearly admissible to establish intent. See State v. Davis, 149 La. 1009 , 90 So. 385 . … Attorney or an attempt to prejudice him with the jury by questions which are highly objectionable, where the judge has ruled in defendant’s favor and instructed the jury to disregard the remarks or the questions, it must clearly

State v. Denson

888 So. 2d 805 · Supreme Court of Louisiana · Dec 1, 2004

Section 1 of the Fourteenth Amendment to the United States Constitution similarly states: “[n]o State shall make or enforce any law which shall | sabridge the privileges or immunities of citizens of the United States; nor … Armistead, 351 So.2d 496 (La.1977), establishing in Louisiana an unambiguous, bright-line rule that “[o]nce it has been determined that a person by reason of a permanent mental defect lacks capacity to prepare his defense

Ballard v. Goldsby

142 La. 15 · Supreme Court of Louisiana · Jun 11, 1917

profession of physician, attorney at law, editor, dentist, oeculist, photographer, jeweler and all other business not herein provided for shall be graded the same as above Bet forth, but the license shall be one half of those established … does no business on his personal account; that his services, rendered within the state, are exclusively devoted to, and remunerated by, his said principal; and that, though a professional man, he is a clerk, within the immunity

Trentecosta v. Beck

703 So. 2d 552 · Supreme Court of Louisiana · Oct 21, 1997

The communications clearly were false. … was not established in the companion case, Associated Press v.

Dupree v. City of New Orleans

765 So. 2d 1002 · Supreme Court of Louisiana · Aug 31, 2000

The constitutionality of this statute was called into question as an abrogation of sovereign immunity contained in Article XII, § 10(A) of the Louisiana Constitution. … court's dismissal of the City on those grounds clearly wrong.

City of Baton Rouge v. Williams

661 So. 2d 445 · Supreme Court of Louisiana · Oct 16, 1995

To establish that the conflict actually exists, the litigant must show that the state statute and the ordinance are incompatible and cannot be effectuated in harmony. … Just as clearly, the constitution fails to make such a provision concerning misdemeanors.

LaCoste v. Pendleton Methodist Hosp.

966 So. 2d 519 · Supreme Court of Louisiana · Sep 5, 2007

Expert medical evidence may be necessary to establish causation with regard to *527 the death of Mrs. … A proper analysis of this factor clearly demonstrates the wrong alleged is "treatment related."

State v. Kellogg

104 La. 580 · Supreme Court of Louisiana · Nov 15, 1900

the fact that the other two members of the commission had not qualified. … facts to the jury, and, at the same time, admit the evidence, as though such existence had been established.