Case law

Roe v. Picou

361 So. 2d 874 · Supreme Court of Louisiana · Aug 18, 1978

As in Rousseau , we reject any disqualification of a candidate because of technical alleged inadequacies in the description of the office sought, where both the candidate and his opponent were clearly aware of his intent … Picou simply mistakenly qualified for the wrong position. In my view, reformation of a candidate's application for public office by the courts establishes a dangerous precedent. Accordingly, I respectfully dissent.

State v. Sylvester

388 So. 2d 1155 · Supreme Court of Louisiana · Sep 3, 1980

At trial the prosecution based its case on evidence relating to motive and on the testimony of Ford, to whom immunity had been granted. … involve prosecutorial misconduct in suppressing favorable evidence, but rather the exercise of judicial discretion in determining whether the evidence is materially favorable. [6] Moreover, the evidence at issue is not clearly

Batson v. South Louisiana Medical Center

750 So. 2d 949 · Supreme Court of Louisiana · Nov 19, 1999

Standard of Review A trial court's findings of fact may not be reversed absent manifest error or unless clearly wrong. Stobart v. … This court has noted that the Act must be strictly construed because it grants immunity or advantages to special classes in derogation of general rights available to tort victims.

Municipality No. Three v. Michoud

6 La. Ann. 605 · Supreme Court of Louisiana · Jun 15, 1851

We must, within certain limits, apply the law as we find it written, and be guided exclusively by the established rules of interpretation, which can alone give it certainty. … The first section of the act of 1847 clearly comes within the intendment of its title.

In re the Louisiana Savings' Bank & Safe Deposit Co.

35 La. Ann. 196 · Supreme Court of Louisiana · Jan 15, 1883

So far as that part of the judgment of July 1st, which decrees for *199 feiture of tlie charter, is concerned, it must clearly be reversed, for two reasons: 1st. It is idtra petitionem. Morgan vs. … The immunity from such interference is evidently personal, and capable of being waived by proper and valid consent, in the case of corporations, as in the case of individuals.

State v. Procell

332 So. 2d 814 · Supreme Court of Louisiana · Jun 2, 1976

This exclusion clearly contravenes the letter and spirit of the law. … This combination of circumstances, we held, established a prima facie case of systematic and intentional exclusion on the basis of race and color in direct conflict with the Constitution.

State v. Grey

257 La. 1070 · Supreme Court of Louisiana · Feb 24, 1971

In the light of the witness’s earlier statement that the two Grey boys participated in the burglary with him, his testimony before the jury that they were not present clearly constituted surprise upon a material matter “against … He said he could not tell how many whites and how many Negroes were qualified for inclusion in the general jury venire.

Shelter Mutual Insurance Company v. Rimkus Consulting Group, Inc. of Louisiana

148 So. 3d 871 · Supreme Court of Louisiana · Jul 1, 2014

tribe chairman who executed the agreements did not have authority to execute a waiver of sovereign immunity. … The legislature has been unequivocal in these specific contexts to establish that forum selection clauses contravene a strong public policy in Louisiana.

State v. Rowe

416 So. 2d 87 · Supreme Court of Louisiana · Jul 8, 1982

During the course of the trial Larry Mack was called as a state's witness and was given use and derivative immunity and thus was compelled to testify. … Because the prejudicial remarks made by Mack were clearly elicited by defense counsel, the state should not be penalized by reversing defendant's conviction.

Nunez v. Acosta

184 La. 211 · Supreme Court of Louisiana · Feb 3, 1936

The domicile of the tutrix is the domicile of the minor, and that domicile is clearly shown to have been established in St. … Redman, as the duly qualified tutrix of her minor child, Alvin James Acosta, and, as such, duly qualified to prosecute this suit and stand in judgment; that this case be reinstated on the docket of the lower court, and be

State v. Henry

250 La. 682 · Supreme Court of Louisiana · May 1, 1967

However, the observations of the state’s attorney show that its purpose was to establish that the content of the magazines was devoted primarily to sex, thus laying the basis for permitting the state to later establish by … The transcript of the colloquy clearly indicates that the judge fully understood the state’s purpose.

Layre v. Pasco

5 Rob. 9 · Supreme Court of Louisiana · May 15, 1843

That the concubinage alluded to in the 1468th article of the Civil Code is therein qualified, and required to be an open concubinage; and that, in this case, no such open concubinage has been established. I. … The evidence establishes, that the defendant was put in possession of the estate, as testamentary heir, by a decree of the Court of Probates.

Fouchaux v. Board of Com'rs

219 La. 354 · Supreme Court of Louisiana · Jan 9, 1951

State, 205 La. 1052 , 18 So.2d 613 * * * discloses that, contrary to being “clearly distinguishable from the matter at hand”, they are strikingly similar, because, while it is true that “in none of them, was there any attempt … No one contests these rudimentary principles but, in applying them here, the majority completely ignore the equally well-established rule that statutes, or provisions of constitutions for that matter see State v.

Miller v. Lammico

973 So. 2d 693 · Supreme Court of Louisiana · Jan 16, 2008

C.C. art. 2323, makes no exceptions for liability based on medical malpractice; on the contrary, it clearly applies to any claim asserted under any theory of liability, regardless of the basis of liability."). … Specifically, the Act supplies Qualified Health Care Providers two substantial benefits in malpractice actions brought against them. First, under La.

North Baton Rouge Dev. Co., Inc. v. Collector of Rev.

304 So. 2d 293 · Supreme Court of Louisiana · Dec 2, 1974

North Baton Rouge Development Company had no office in Missouri, did no business there and was not qualified to do business there. … The plaintiff's failure to establish this control prevents it from qualifying for the allocation as provided in this subsection.

Judice v. Village of Scott

168 La. 111 · Supreme Court of Louisiana · Feb 25, 1929

It is established jurisprudence in this state that: “No deed or act of conveyance is necessary to dedicate land or rights in immovable property to the public. … The Fourteenth Amendment did not add the right of suffrage to the privileges and immunities of citizenship, nor is it a right of property or of person. United States v. Cruikshank, 92 U. S. 542 , 23 L.

Todd v. STATE, THROUGH DEPT. OF SOCIAL SERVICES

699 So. 2d 35 · Supreme Court of Louisiana · Sep 9, 1997

Decisions involving the removal of a child from his home clearly lie within the scope of the duty and authority of social workers. … Proof which establishes only possibility, speculation, or unsupported probability does not suffice to establish a claim. Coon v.

McLean v. Hunter

495 So. 2d 1298 · Supreme Court of Louisiana · Oct 20, 1986

Lovelace was qualified to testify as to the standard of care expected of general dentists practicing in Baton Rouge, Louisiana. Dr. … A court of appeal should not (as was done here) decide whether a tainted jury verdict was "manifestly erroneous" or not "clearly wrong." [9] The manifestly erroneous or clearly wrong standard of appellate review is the standard

State v. Taylor

45 La. Ann. 605 · Supreme Court of Louisiana · Apr 15, 1893

The principle is clearly laid down by the text writers on the subject, in a number of authoritative decisions, that the defendants can not claim separate trials as a matter of right, although they sever in their pleas, but … The court states, as part of the bill of exceptions, that it was not the truth of the statement that was sought to be established, but the fact that the statement was made.

City of New Orleans v. Orleans Railroad

42 La. 4 · Supreme Court of Louisiana · Jan 15, 1890

We have carefully examined those decisions, and we found in them no utterance or principle announced at variance with our reasoning in the case assailed as erroneous, but a great deal to establish and to con-; firm the coi'rectness … It is a principle clearly deducible from the very decisions quoted by defendant’s counsel, that no corporation can claim immunity from taxation or from a license, because it paid a consideration for its ■ charter or franchise