Case law

Desbois's Case

2 Mart. 185 · Supreme Court of Louisiana · Jul 1, 1812

United States, it is provided that "new states may be admitted by the congress into the union"-and the 2d section of the same article directs that "the citizens of each state shalt be en"titled to all the priviledges and immunities … They there extend the right of owning ships and vessels of the United States, " to the inhabitants of the ceded territory, who "were residents thereof on the 30th of April " 1803 :" clearly excluding those who had arrived

State of Louisiana v. Brian Douglas Horn

251 So. 3d 1069 · Supreme Court of Louisiana · Sep 7, 2018

The record clearly supports, and defendant does not contest, a finding that defendant "enticed or persuaded" the victim "to go from one place to another." … Rather, the State asserts the evidence was sufficient to prove the victim was "injured" during the kidnapping and, thus, the evidence was sufficient to establish second degree kidnapping.

Travis v. Insley

28 La. Ann. 784 · Supreme Court of Louisiana · Jul 15, 1876

Irwin qualified as liquidator to collect and settle debts of the firm, and controlled notes, accounts, and drafts due the firm amounting to about thirty thousand dollars. … It is alleged that, in the advertisement of the sale, the property to be sold was not clearly set forth and described as required by law, so as to inform the public of the specific property to be offered for sale, and with

Martin v. Markley

202 La. 291 · Supreme Court of Louisiana · Dec 30, 1942

And, finding that the defendant had failed to offer evidence to establish this defense, the judge held that she was liable to plaintiffs for the damages which they had suffered. … But the distinction cannot be too clearly borne in mind between comment or criticism and allegations of fact, such as that disgraceful acts have been committed, or discreditable language used.

State v. Kelly

393 So. 2d 706 · Supreme Court of Louisiana · Jan 26, 1981

Kelly is being given a chance to obtain help from qualified medical personnel as to his problem, and the sentence in that regard is non-penal.” … The trial court was clearly in error. To hold Kelly responsible for a violation of his probation under the circumstances would constitute a denial of fairness and due process.

Fontenot v. Magnolia Petroleum Co.

227 La. 866 · Supreme Court of Louisiana · Apr 25, 1955

the unchallenged and unrebutted proof by plaintiffs, we necessarily conclude that the evidence clearly establishes the claim of plaintiffs in that the general and extensive damages to their homes were non-existent prior … True, plaintiff Young orally agreed to permit entrance upon his property for these purposes, but it cannot be said that he expressly or impliedly granted legal immunity to the defendants from liability for any damages suffered

Loeb v. Equitable Life Assur. Soc.

179 La. 566 · Supreme Court of Louisiana · Mar 26, 1934

It qualified to do business in this state by complying with the provisions of section 1 of article 2 of Act No. 105 of 1898, and it established an office in the city of New Orleans for the transaction of its business. … Had relator never qualified to do business in the State of Louisiana, or established, in pursuance of such qualification, a business office in the city of New Orleans, this exception might be tenable.”

Firmin v. Garber

353 So. 2d 975 · Supreme Court of Louisiana · Dec 19, 1977

The architect testified that Garber suggested $60,000 as a goal but that no maximum was established. … To constitute evident partiality, it must clearly appear that the arbitrator was biased, prejudiced, or personally interested in the dispute. Giddens v.

In Re Abdallah

72 So. 3d 836 · Supreme Court of Louisiana · Oct 14, 2011

Given that Medicare and Medicaid are health insurance programs administered by the federal and/or state governments, clearly respondent was engaged in insurance fraud. … Case law also establishes that Medicare/Medicaid fraud amounts to insurance fraud, for which permanent disbarment is warranted.

State v. Fahey

35 La. Ann. 9 · Supreme Court of Louisiana · Jan 15, 1883

We are clearly of the opinion that the question must be answered in the affirmative. … Hence, the oath of January 21st, 1880, was sufficient to qualify him as clerk, as far as the exigency of the oath was concerned, and, therefore, the oath of March 6th, 1880, as ex-officio jury commissioner was sufficient.

State v. Nine Sav. Accounts

553 So. 2d 823 · Supreme Court of Louisiana · Dec 11, 1989

This section is clearly intended as an anti-laundering statute to permit the pursuit of drug-related funds which have been invested in real estate or in business enterprises by persons who knew the source of the funds. … The court held that "[n]o conceivable reading of the statutory definition would support a conclusion that securities accounts qualify as `enterprises'". Id. at 1426 .

First National Bank v. V. & A. Meyer & Co.

43 La. Ann. 1 · Supreme Court of Louisiana · Jan 15, 1891

The judgment for intervenors is not up for review. *4 The established facts are the following: C. M. … This provision of law is clearly destructive of the defendants’ pretensions for several reasons, which are matters of fact.

Leyva v. Iberia General Hosp.

643 So. 2d 1236 · Supreme Court of Louisiana · Oct 17, 1994

Further, the testimony established that the Parkland Procedure was taught both doctors in medical school pursuant to the Williams Obstetrics textbook. In fact, Dr. … The court of appeal should therefore decide the case on the record without having to find first that the district court's judgement was clearly wrong. Gonzales v. Xerox, 320 So.2d 163 (La.1975).

Klohn v. Louisiana Power & Light

406 So. 2d 577 · Supreme Court of Louisiana · Nov 16, 1981

Since the bond resolution qualifies as a municipal ordinance, having been enacted by the governing authority of the municipality, City of Thibodaux, and further, since *579 a certified copy of the bond resolution was filed … R.S. 23:1032, codifying the principal's tort immunity. See Malone & Johnson, Louisiana Civil Law Treatise, Workers' Compensation, 128 (1980).

Succession of Patterson

188 La. 635 · Supreme Court of Louisiana · Nov 29, 1937

establish that it is a disposition of last will.’1 (Italics ours.) … A paper is not established as a man’s will merely by proving that he intended to make a disposition of his property similar to or even identically the same as that contained in the paper.

State v. Webster

245 La. 523 · Supreme Court of Louisiana · Dec 16, 1963

Defending, the accused claimed the qualified privilege provided for in LRS 14:49 which, among other things, recites: “A qualified privilege exists and actual malice must be proved, regardless of whether the publication is … Clearly, such language is defamatory, and every element of the crime as defined by the statute has been alleged. As to the second contention the accused, relying on Wood v.

State v. Chandler

5 La. 489 · Supreme Court of Louisiana · May 15, 1850

He qualifies the principle substantially, as Chief Justice Parker did, that there must be actual danger at the time from the violence and a reasonable belief that a felony is intended. … be clearly to point out to juries the state offfacts to which the principle is applicable, and that state of facts to which it is inapplicable; and in a case to which the principle is clearly inapplicable to decline giving

In Re Freeman

995 So. 2d 1197 · Supreme Court of Louisiana · Dec 2, 2008

Following receipt of the hearing officer's proposed findings of fact and conclusions of law, the Commission established a briefing schedule, as required by Rule XXIII, § 29, and ordered Justice of the Peace Freeman to appear … A judge should participate in establishing, maintaining, and enforcing, and shall personally observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved.

Heirs of Porter v. Hornsby

32 La. Ann. 337 · Supreme Court of Louisiana · Mar 15, 1880

If it is not, then, of course, the party holding up the will as a muniment of title must be allowed to establish its validity. … It is said that the debts were prescribed when the application for sale was made; but such clearly was not the case.

Smith v. Southern Farm Bureau Casualty Insurance

247 La. 696 · Supreme Court of Louisiana · Mar 29, 1965

Clearly, the wife-victim cannot recover damages from her husband. LSA-R.S. 9:291 prohibits a married woman from suing her husband for a delict, or tort. The statute embodies a strong public policy of ancient origin. … The parents may urge their immunity from suit against the demands of its co-tortfeasor as well as they could have urged it against any claim asserted by the child.”