Case law

Capital City Press v. Metro. Council

696 So. 2d 562 · Supreme Court of Louisiana · Jul 1, 1997

There was no intent on the part of the legislature to qualify, in any way, the right of access. [Cites omitted.] … Moreover, the right is not absolute; it is qualified by the rights of others.... The right of privacy is also limited by society's right to be informed about legitimate subjects of public interest.

Williams v. Jackson Parish Hospital

798 So. 2d 921 · Supreme Court of Louisiana · Oct 16, 2001

First, Boutte ignored well established principles of interpreting prescriptive statutes. … In recognition of that well established principle, LA. CIV.

State v. Thorson

302 So. 2d 578 · Supreme Court of Louisiana · Oct 28, 1974

and had never failed to so qualify. … As for Officer Ben, the record establishes that he was qualified as an expert in the activities of narcotics users, the toxicology, identification and chemical composition of drugs, and the street values of drugs.

Guillotte v. Poincy

41 La. Ann. 333 · Supreme Court of Louisiana · Apr 15, 1889

Simplified and shorn of redundancy, the averments of plaintiff’s petition are to the substantial effect: that he is the actual incumbent, duly appointed, commissioned and qualified, of the office of member of the Board of … The exceptions attribute to the action a character wMch, clearly, it does not possess, viz: the character of an action to determine a disputed title to a public office. .If it were such an action, nothing can be better settled

Standard Cotton Seed Oil Co. v. Matheson

48 La. Ann. 1321 · Supreme Court of Louisiana · Jun 25, 1896

. *1323 Ib declares further that “ corporations legally established are substituted for persons * * * they can make valid contracts and .obligate others, and obligate themselves toward others,” etc. R. C. C. 433. … Assembly “ shall not pass any local or special law” upon the following subjects; and one among the number is that of “granting to any corporation, association or individual, any special or exclusive right, privilege or immunity

State v. Tapie

173 La. 780 · Supreme Court of Louisiana · Nov 30, 1931

The rule or test established in England and which prevails in this country is generally referred to as the “right and wrong” test, which means in simple terms that, if a person has the mental capacity to distinguish between … This is clearly shown by his maneuvers and conduct at the scene of the robbery, and no change has taken place since. It is no doubt true, as Dr.

Succession of Hutchinson

112 La. 656 · Supreme Court of Louisiana · Apr 25, 1904

The court does, in 'a qualified manner, so hold. … (b) The contention that the establishment and maintenance of a hospital is ultra vires of the university and of its board of administrators is clearly untenable.

Brown v. Richardsons

1 Mart. (N.S.) 202 · Supreme Court of Louisiana · May 15, 1823

We are clearly satisfied it does not. … It is that distinction which gives the defendants immunity in this case.

Crier v. Whitecloud

496 So. 2d 305 · Supreme Court of Louisiana · Oct 30, 1986

Neither the state, its political subdivisions, nor any private person shall be immune from suit and liability. [ [6] ] [Emphasis added.] … On reconsideration, we concede the obvious legislative intent of setting an outside limit on the discovery rule in medical malpractice cases. [1] The Legislature clearly intended to fix a maximum period of exposure to claims

Billiot v. BP Oil Co.

645 So. 2d 604 · Supreme Court of Louisiana · Dec 16, 1994

plaintiff's injuries were caused by the defendant's wanton or reckless disregard for public safety in the storage, handling, or transportation of hazardous or toxic substances. * * * Unless the meaning of Article 2315.3 is qualified … Article 2315.3 clearly excludes the vast majority of vehicular accidents from its ambit.

Oliver v. Lake

3 La. Ann. 78 · Supreme Court of Louisiana · Jan 15, 1848

So a consignee who has made advances is deemed,a qualified owner of the property consigned; but there is also a qualified ownership in the ¡consignor, and its destruction is his loss. … He is clearly entitled to that relief, although he proves no actual acceptance before the attachment-was levied.

Louisiana Motor Vehicle Com'n v. WHEELING FRENCH.

235 La. 332 · Supreme Court of Louisiana · May 26, 1958

After a trial on the issues thus formed, by the pleadings, the district judge found, that the evidence overwhelmingly established that Bistes was advertising new and unused automobiles for sale in violation of the terms of … advertising a new and unused car as such, *351 when offering it for sale, contravenes due process and denies equal protection 2 R.S. 23:1259 was added to the law in 1956 (See Act 586 of 1956) by the Legislature to spell out clearly

Hodges v. Southern Farm Bureau Cas. Ins. Co.

433 So. 2d 125 · Supreme Court of Louisiana · May 23, 1983

This immunity, however, is qualified. … The two sets of undisclosed documents are important to Hodges in establishing his claim, for they represent a record of those actions taken by the insurer in connection with the Nichols suit.

City of New Orleans v. Great Southern Telephone & Telegraph Co.

40 La. Ann. 41 · Supreme Court of Louisiana · Jan 15, 1888

The plant established by defendant is expensive and valuable. The defendant pays a tax upon this plan.t as property, and also pays a license tax levied on its business. … The ordinance qualifies it as a pi ice or consideration for the privileges enjoyed.

State v. Jackson

253 La. 205 · Supreme Court of Louisiana · Dec 16, 1968

The rulings, we think, were clearly correct and there is, consequently, no merit in either of such bills. … The first reason is clearly groundless. This court can review only questions of law. We cannot pass on the sufficiency of the evidence.

State v. Caldwell Sugars, Inc.

185 La. 503 · Supreme Court of Louisiana · Jun 30, 1936

Couvillon, 164 La. 155 , 113 So. 801 , this court said: “An exemption from taxation is an exceptional privilege which must be clearly, unequivocally, and affirmatively established; provisions for such exemption being strictly … entitled to the immunity, and that in such cases doubt is fatal.

State v. Huckaby

368 So. 2d 1059 · Supreme Court of Louisiana · Mar 5, 1979

The affidavit clearly recites facts sufficient to establish probable cause for the issuance of a search warrant. La.Const. Art. 1, § 5 (1974); La.C.Cr.P. art. 162. See State v. … The witness' reliance on procedures and techniques developed by others in making her comparisons does not prevent her from qualifying as an expert. See State v. Titus, 358 So.2d 912 (La.1977).

State v. Umezulike

866 So. 2d 794 · Supreme Court of Louisiana · Feb 25, 2004

With regard to the issuance of a warrant, there is no doubt that if a determination of probable cause is to have any meaning, it must be made by a neutral and detached individual who is immune from "the often competitive … I, § 5 are sufficiently protected if the determination is made by a detached and neutral individual and the individual is qualified to exercise the necessary judgment. Shadwick v.

Aucoin v. Southern Quality Homes, LLC

984 So. 2d 685 · Supreme Court of Louisiana · Feb 26, 2008

In addition to the improper sealing of the marriage lines, the trial court found numerous other redhibitory defects based on the plaintiff's expert witnesses' testimony that were clearly attributable to the manufacturer and … by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable.

School Board v. Trimble

33 La. Ann. 1073 · Supreme Court of Louisiana · Jun 15, 1881

and satisfactorily established. … The Board of School Directors is an important feature in the system of public education established by the State.