Case law

Melerine v. Democratic Parish Executive Committee

164 La. 855 · Supreme Court of Louisiana · Nov 28, 1927

does not allege in his petition facts sufficient to show that he is duly qualified to hold the office to which he aspires. … The evidence shows clearly that plaintiff has a business establishment at Violet, at which he is habitually present, and that he has. no other business connection.

Ricard v. State

390 So. 2d 882 · Supreme Court of Louisiana · Nov 10, 1980

Carlson is clearly distinguishable from the instant case. … Clearly, an award of compensatory damages will serve the same deterrent purpose as an award of punitive damages.

Polk v. Edwards

626 So. 2d 1128 · Supreme Court of Louisiana · Aug 20, 1993

The opponent must establish clearly and convincingly that the constitutional aim was to deny to the legislature the power to enact the legislation. Id. at 388 . … Within these parameters, the Legislature has clearly fulfilled its constitutionally established obligation to suppress gambling.

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).

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

Shields v. City of Shreveport

579 So. 2d 961 · Supreme Court of Louisiana · May 28, 1991

Section 504 prohibits job discrimination against the handicapped, but it does not abolish the right of recipients of federal funding to establish reasonable job-related criteria for their prospective and present employees … This cannot mean that the city can discriminate by establishing restrictive "program requirements" where it could not so discriminate in making individual employment decisions.

State v. Morris

185 La. 1037 · Supreme Court of Louisiana · Nov 30, 1936

Wall, one of the grand jurors, moved his family from the parish of Sabine and established his residence in Natchitoches parish, on December 26, 1935. … It clearly appears that he lacked the necessary bona fide residence to be a legally qualified grand juror.

Succession of Montegut

211 La. 112 · Supreme Court of Louisiana · Feb 10, 1947

Testifying at the trial were eight experts on French translation and interpretation, all eminently qualified witnesses whose motives could not be questioned. … Clearly the words “I leave” are implied with reference to some of the legacies.

State v. Marks

252 La. 277 · Supreme Court of Louisiana · Jun 4, 1968

There is clearly no merit to his bill. … We think a review of the testimony taken in connection with this bill clearly supports the trial judge’s conclusion as reflected by his per curiam that the chain of possession and control was sufficiently established to fully

State v. Leslie

167 La. 967 · Supreme Court of Louisiana · Jan 28, 1929

In this proceeding the defendant was not affected or prejudiced in any of his constitutional or statutory rights, privileges, or immunities. … The decided weight of the testimony and circumstances clearly showed in the opinion of the court that the defendant was the aggressor.

Swift v. State

342 So. 2d 191 · Supreme Court of Louisiana · Jan 24, 1977

applicants allege, fixes January 29, 1977 as the final day on which judges may exercise the option given by the statute to become members of the Louisiana State Employees Retirement System (under Act 518 of 1976, which established … point out that it would have been easy for the legislature to effect the meaning sought by defendant by placing the phrase "upon the effective date of the section" at the beginning of the paragraph, in which case it would clearly

Louisiana Cotton Manufacturing Co. v. City of New Orleans

31 La. 440 · Supreme Court of Louisiana · Apr 15, 1879

Section one of act No. 8 of 1875, acts of 1875, page 107, provides as follows : “ That any and all cotton and woolen factories and mills or establishments for the manufacture of cotton or woolen yarns, which are *443 how … Reading by these rules the declaration that “ the General Assembly shall have power to exempt from taxation property actually used for church, school, or charitable purposes,” how else can it be qualified than as an enumeration

Succession of Ravain

168 La. 413 · Supreme Court of Louisiana · Apr 22, 1929

Nor does it contain the words “give,” “donate,” “bequeath,” “devise,” or any other word clearly establishing that it is a disposition of last will. … Ravain is owner of y2 interest in my store No. 1801 Tulane Avenue,” do not qualify the acknowledgment so as to make it a disposition in futuro, to take effect only at the death of John H.

State v. Mena

344 So. 2d 357 · Supreme Court of Louisiana · Apr 6, 1977

In our opinion, the facts recited in the affidavit clearly provide an adequate basis upon which the issuing magistrate could conclude that the informant was credible and his information reliable. … Thus, some showing that the informant did not possess illusions of immunity might well be essential." 403 U.S. at 595 , 91 S.Ct. at 2087 , 29 L.Ed.2d at 740 .

State v. Edwards

419 So. 2d 881 · Supreme Court of Louisiana · Sep 7, 1982

Clearly three weeks is not an insufficient time for the taint of the original illegal arrest (if it was illegal) to have become attenuated. … As this witness was clearly hostile, it was not improper to allow her to be impeached. This assignment of error is without merit.

Poissenot v. St. Bernard Parish Sheriff's Office

56 So. 3d 170 · Supreme Court of Louisiana · Jan 9, 2011

Holding that “no earning capacity [was] established at the time of trial,” the WCJ calculated benefits based upon “zero earning capacity.” … As stated, the law does not require that a plaintiff be unable to engage in the same or similar employment as when he was injured to qualify for SEBs.

State v. Moity

245 La. 546 · Supreme Court of Louisiana · Dec 16, 1963

The opinion rendered by the trial judge is based upon the applicable statutory law, which is to the effect that for a qualified privilege to exist, requiring the state to prove actual malice motivated the publication of the … Further, “A qualified privilege exists and actual malice must he proved, regardless of whether the publication is true or false, in the following situations: (1) Where the publication or expression is a fair and true report

Normand v. Hertz Corporation

254 La. 1075 · Supreme Court of Louisiana · Nov 10, 1969

Such a showing is necessary to establish “temporary use *1087 as a substitute”, i.e., a car put in place of another. … Hertz, in effect, gave Hatcher qualified permission, qualified to the extent that the vehicle could not be used, operated or driven by any person except “customer” (Hatcher), or other specified classes of persons with Hatcher

State v. Guidry

160 La. 655 · Supreme Court of Louisiana · Feb 1, 1926

After the 3 prospective jurors had *Page 657 been examined, and found qualified by the district judge, he tendered them to the state and to the defendant for acceptance or rejection. … And, further, that it is contrary to the established procedure of the state and is an attempt on the part of the court to usurp legislative powers.

Boylan's Detective Agency & Protection Police v. Arthur A. Brown & Co.

157 La. 325 · Supreme Court of Louisiana · Nov 3, 1924

“He possesses this qualified right of pledge, even against the creditors of the owner, if they seek to have the thing sold. … They are clearly defined in the second and third articles we have quoted.