Case law

Succession of Withers

45 La. Ann. 556 · Supreme Court of Louisiana · Apr 15, 1893

assets of the succession of Withers in Louisiana, as its duly appointed and qualified and commissioned testamentary executor. … days’ limit therein established.

State v. Williams

29 La. Ann. 779 · Supreme Court of Louisiana · Nov 15, 1877

The Seventh Municipal District was the city of Carrollton, in the parish of Jefferson, part of the Second Judicial District of the State, established by the act of 1860. … The Sixth Municipal District, which was annexed to the parish of Orleans, was clearly under the jurisdiction of the First Judicial District from and after the genez’al election of 1872; and we held that it necessarily so

Cormier v. THE Ins. Co.

745 So. 2d 1 · Supreme Court of Louisiana · Sep 8, 1999

STANDARD OF REVIEW Normally, a trial court's findings of fact will not be disturbed unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous. … Discretionary Immunity Generally, "Discretionary Immunity" under La.Rev.Stat. 9:2798.1 applies to specific fact situations which satisfy the rule enunciated in Berkovitz v.

Thibodeaux v. Thibodeaux

454 So. 2d 813 · Supreme Court of Louisiana · Jun 25, 1984

Maritime employers are liable for and must ensure that payments as compensation for disability are made to the employee periodically, promptly and directly, [3] and employers that are not qualified self-insurers must secure … In particular, a state divorce decree, like other law governing the economic aspects of domestic relations, must give way to clearly conflicting federal enactments. Ridgway v.

State v. Carter

248 La. 730 · Supreme Court of Louisiana · Jan 17, 1966

Bill of Exceptions No. 28 was reserved when the trial judge qualified the State’s witness Milton Cox as an expert “to test for the presence of blood and blood typing.” … In still another photograph of Carter taken from the left side, a large bump in the region of his lower left jaw is clearly discernible..

State v. Hingle

242 La. 844 · Supreme Court of Louisiana · Mar 26, 1962

However, I cannot subscribe to the finding in the majority opinion that “the evidence clearly discloses the consent and approval of the trial judge * * * [to the plea bargain agreement] was secured * * The motion to quash … Nowhere in the record is it established that the trial judge concurred in the agreement or made any commitment in reference to it.

Shreveport Traction Co. v. City of Shreveport

122 La. 1 · Supreme Court of Louisiana · Jun 22, 1908

The contract was complete; it was an absolute contract; the stipulations were clearly stated and nothing is wanting to prevent it being considered as a complete andl binding contract. … It rests upon the idea of a special immunity granted. Of course, if special immunity had been granted in the case before us^ for decision, the article would bear application. Here a transfer was made of a franchise.

Gallion v. Keegan

39 La. Ann. 468 · Supreme Court of Louisiana · Apr 15, 1887

The foregoing extracts sufficiently establish the true nature of the suit to be an action against the administrator of a deceased tutor to recover an amount due by him in virtue of his gestión. … But the plaintiff’s action respecting these “acts of the tutorship” *470 conies too late and is clearly barred by Hie prescription pleaded. Cochran vs. Violet, 37 Ann. 223; Bedell vs. Calder, Id. 805.

Christy v. McCalla

79 So. 3d 293 · Supreme Court of Louisiana · Dec 6, 2011

The opinion assumes Christy was required to establish a denial of due process on the part of the School Board as part of his tort claim. … The School Board's claim that it is entitled to immunity for tort claims is unavailing. The doctrine of sovereign immunity is expressly disclaimed by La. Const, art.

Hamilton v. McKeithen

254 La. 683 · Supreme Court of Louisiana · Jun 9, 1969

Four of the five members are selected from a panel of names submitted by private organizations completely beyond and immune to the elective process. … The people of Michigan (qualified school electors) elected the local school boards.

Brandi Billeaudeau, Veronica Billeaudeau, and Joseph Billeaudeau v. Opelousas General Hospital Authority, Dr. Kondilo Skirlis-Zavala, and the Shumacher Group of Louisiana, Inc.

218 So. 3d 513 · Supreme Court of Louisiana · Oct 19, 2016

before a hospital extends them ED privileges, medical expertise will be necessary to establish whether Dr. … Za-vala was in fact properly qualified for the job. Plaintiffs, on the other hand, argue expert medical evidence is clearly not required to explain to |17laypersons that OGH negligently credentialed Dr.

Dumas v. STATE EX REL. DEPT. OF CULT., REC.

828 So. 2d 530 · Supreme Court of Louisiana · Oct 15, 2002

The first Louisiana case that clearly adopted the doctrine of contributory negligence was Fleytas v. … While we recognize that these articles, which substantially impede the ability of an injured party to obtain full recovery of his damages, are in derogation of established rights and are to be strictly construed, Touchard

Robert v. De St. Romes

2 La. Ann. 135 · Supreme Court of Louisiana · Jan 15, 1847

It is clearly established by the testimoDy that the slave sold to the plaintiff has the asthma, and that the disease existed anterior to the sale; that this disease is aggravated by the labours of the kitchen; and that its … This was not a clear announcement of the disease with which the slave was affected, and which rendered her incompetent to the satisfactory performance of such household duties as she was expressly represented to be qualified

Kennedy v. Item Co.

213 La. 347 · Supreme Court of Louisiana · Feb 16, 1948

Markley, supra, clearly demonstrates the error into which the lower court fell for that case is only authority for the generally accepted rule of law as above quoted. … Clearly under these facts the editorial was not privileged under the doctrine of fair comment and criticism and it was, therefore, actionable.

State v. Stahl

236 La. 362 · Supreme Court of Louisiana · Dec 15, 1958

As shown by the trial judge’s per curiam, the witness was qualified to the judge’s satisfaction. … Moreover, under Article 464 of the Code of Criminal Procedure the opinions of a qualified expert are admissible on matters in the field in which he has qualified. Thus there is no merit in the objection.

Newman Marchive Partnership, Inc. v. City of Shreveport

979 So. 2d 1262 · Supreme Court of Louisiana · Apr 8, 2008

Article II, section 1 of the Louisiana Constitution establishes three distinct branches of government: legislative, executive, and judicial. … Here the constitution has clearly committed to the legislative branch the question of how judgments against the state are to be enforced; therefore, courts are restrained from exploring the appropriateness of the legislature's

Ewing v. Aubert

566 So. 2d 616 · Supreme Court of Louisiana · Dec 5, 1990

Paul Fire and Marine Insurance Company and the limits of liability established for Clinton C. Aubert, M.D., as a qualified health care provider. 5. … Clearly, plaintiff's attempt to raise a constitutional challenge in his supplemental and amending petition of October 29, 1985 was too late; by this time, Dr.

State of Louisiana v. Christopher J. Wells

209 So. 3d 709 · Supreme Court of Louisiana · Dec 8, 2015

One member of the panel (Landrieu, J.) dissented on the basis that defendant was engaged in the unlawful act of attempting to buy marijuana when he shot the victim, and the 2006 amendment to La.R.S. 14:20 clearly distinguishes … See Wells, 11-0744, p. 3, 156 So.3d at 172 (―In essence, the majority finds that subsection D ‗stands alone,‘ such 11 that it is not qualified by subsection C . . . or by any of

State v. Giovanni

409 So. 2d 593 · Supreme Court of Louisiana · Jan 25, 1982

Paul Terry Prejean and his wife, Margaret Ellen Prejean, were definitely shot in the head and their infant son, Jessie Paul Prejean, may also have been shot, although that has not been clearly established. … Any bias or prejudice with regard to the state's offer of immunity could only become relevant for impeachment purposes if the subject testified, a matter not clearly known to the prosecution until the day before his testimony

State v. Wisham

371 So. 2d 1151 · Supreme Court of Louisiana · May 21, 1979

"Louisiana decisions have held that jurors are competent to establish an overt act independent of the jury deliberations, if this overt act is in violation of law or of *1154 the statutory formalities designed to assure the … La.R.S. 15:470 provides that: "No juror . . . is competent . . . to give evidence to explain, qualify or impeach . . . any verdict . . . ."