Case law

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.

Succession of Merrick

35 La. Ann. 296 · Supreme Court of Louisiana · Mar 15, 1883

Bright, surviving husband of the deceased, is administering her succession as the duly qualified natural tutor of their minor children. … The claim to an amount exceeding the value of the community property is established, by uncontradicted evidence, in a manner clearly sufficient to authorize the order of sale, which is the sole matter adjudged.

Burstein v. Morial

438 So. 2d 554 · Supreme Court of Louisiana · Sep 6, 1983

We disagree, however, because a limitation upon the legislative power is clearly implied when a constitution or charter expressly requires that all legislation is subject to presentment and a qualified veto by the executive … The Charter’s provisions express the intention of the framers and voters too clearly for us to construe it otherwise.

City of Shreveport v. Southwestern Gas & Electric Co.

151 La. 864 · Supreme Court of Louisiana · May 15, 1922

It is well settled that a municipal corporation has only such powers as are clearly and unmistakably granted to it by its charter or by other acts of the Legislature, and consequently can exercise no powers not expressly … But evidently the verb qualified by said adverbial phrase is the verbal noun “adoption” — “the adoption of the provisions of the act by any city.”

Harrah's Bossier City Investment Co., LLC v. Bridges

41 So. 3d 438 · Supreme Court of Louisiana · May 11, 2010

. § 47:302(Q)-(R), which is dependent upon whether the tax relief provisions qualify as exemptions or exclusions. 12Simply put, we are called on to resolve two issues. … Tax exemptions are strictly construed in favor of the State and “must be clearly and unequivocally and affirmatively established” by the taxpayer. Vulcan Foundry, Inc. v. McNamara, 414 So.2d 1193, 1197 (La.1982).

State v. Craig

699 So. 2d 865 · Supreme Court of Louisiana · May 20, 1997

The attempted plea was therefore not "qualified," and the trial court was correct to refuse it. [5] Further, even had the plea been properly qualified, nothing in either version of Art. 557 requires a court to accept a qualified … The evidence provided by the co-perpetrators clearly established that the taking of the victim's car at gunpoint and the subsequent killing of the victim approximately 40 minutes later formed a single continuous transaction

Madison v. Bolton

234 La. 997 · Supreme Court of Louisiana · Mar 17, 1958

*1017 (d) Were the charges “privileged,” so as to provide the defendants with immunity from an action in damages therefor ? … But the distinction cannot be too clearly borne in mind between comment and criticism and allegations of fact, such as that disgraceful acts have been committed or discreditable language used.

Brown v. ANA Ins. Group

994 So. 2d 1265 · Supreme Court of Louisiana · Oct 14, 2008

The Commissioner also asserted the defense of statutory immunity pursuant to La. R.S. 9:2798.1. … Clearly, the reason that no forfeiture order was entered was because there was perceived to be no assets that would be subject to forfeiture.

State ex rel. Samuel Smith & Co. v. Dubuclet

23 La. Ann. 267 · Supreme Court of Louisiana · Mar 15, 1871

It is established clearly that through the fraud and knavery of Isaacs, practiced upon the Auditor, he, through error, issued the warrant upon State bond interest coupons proved to be spurious and forged instruments. … Three of them-relate to evidence introduced by the defendant to establish-the spurious character of the interest coupons.

Breland v. Schilling

550 So. 2d 609 · Supreme Court of Louisiana · Oct 23, 1989

Betts, supra , a practical joke led to consequences which were clearly not intended by the insured. [5] The injured employee sued the co-employee in tort relying upon the intentional act exception to co-workers' tort immunity … The majority opinion convincingly establishes that the exclusion should be applied only to bodily injury which the insured subjectively intended or expected from his conduct, and not to bodily injury which merely resulted

New Orleans, Baton Rouge & Bayou Sara Packet Co. v. Brown

36 La. Ann. 138 · Supreme Court of Louisiana · Feb 15, 1884

The proffered testimony would clearly have shown a state of things contrary in their effect to what was contained in the act, and it thus fell under the prohibition of Article 227G of the Civil Code. … The agreement urged by the defendant was an entire immunity from charges on his up-freights, or in the alternative, a ratification of his claim to such an immunity.

McGlothlin v. Christus St. Patrick Hospital

65 So. 3d 1218 · Supreme Court of Louisiana · Jul 1, 2011

Under well-established law, because “all of the limiting provisions applicable to qualified health care providers are ‘special legislation in derogation of the rights of tort victims,’ these provisions are all strictly construed … As the record clearly shows, Dr.

Maw Enterprises, L.L.C. v. City of Marksville

149 So. 3d 210 · Supreme Court of Louisiana · Sep 3, 2014

to have liquor licenses issued to qualified permi-tees for doing business at those locations. … This statute containing the grandfather clause clearly has anjease of association with plaintiff, and, likewise, its moral, social and economic considerations clearly encompass the imposition of the risk to plaintiff under

State v. Roach

322 So. 2d 222 · Supreme Court of Louisiana · Nov 3, 1975

We believe that the context of the application clearly indicates that the informant reported directly to the affiant. … The chain of custody was amply established by this testimony. Clearly, it was more probable than not that the marijuana introduced in evidence was related to the case.

Jenkins v. Jefferson Parish Sheriff's Office

402 So. 2d 669 · Supreme Court of Louisiana · Jun 22, 1981

The Legislature, in enacting Act 318 of 1978, has clearly indicated its intention that governmental responsibility for torts committed by a public employee should be placed on the public officer most closely related to the … The Legislature also removed the previous statutory immunity enjoyed by the sheriff.

State v. Square

257 La. 743 · Supreme Court of Louisiana · Jan 18, 1971

He-was therefore qualified. … Clearly sufficient facts were shown, though circumstantial, to establish the relevancy of this evidence.

Brandt v. Engle

791 So. 2d 614 · Supreme Court of Louisiana · Jun 29, 2001

"Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence. … In Hondroulis , we held that "`[s]ome' expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of

State of Louisiana v. Maurice Addison Hawley

149 So. 3d 1211 · Supreme Court of Louisiana · Oct 15, 2014

S-2 was created to establish the technician was qualified pursuant to regulations. Thus, the primary purpose of S-1 and S-2 was not to determine Mr. … These statutes clearly refer to certificates from criminalistics laboratories conducting actual analysis of evidence, such as those considered in Melendez-Diaz and Bullcoming.

STATE EX REL. BD. OF COMMISSIONERS v. Bergeron

235 La. 879 · Supreme Court of Louisiana · Nov 10, 1958

It is fundamental that to enact is to decree, to establish by law and to perform or effect a law. To reenact is to enact again. … and qualified by the succeeding executive.

Broussard v. Heebe's Bakery, Inc.

263 La. 561 · Supreme Court of Louisiana · Nov 6, 1972

Plaintiff’s position is that the-facts establish a vendor-vendee relationship, placing Heebe without the purview of the act, and, thus, as a third person, subject to an action in tort. … The evidence clearly discloses that Wolf loaded the baked items on special collapsible trays furnished by Heebe as an accommodation.