Case law

State v. Smith

357 So. 2d 505 · Supreme Court of Louisiana · Apr 10, 1978

Clearly CAI had to comply with the provisions of the federal statute in order to qualify for federal funds, such as conducting public hearings and providing access to its books and records, 42 U.S.C. § 2796 (a), following … A consistent theme running throughout these cases is that the entity was created by the legislature or established in the first instance by the Constitution. See State ex rel. Porterie v.

Lockett v. STATE, DOTD

869 So. 2d 87 · Supreme Court of Louisiana · Feb 25, 2004

C.C. art. 2315.2 clearly contemplates and allows for multiple beneficiaries in each of its four classes. … We find, as did the court of appeal, that this determination by the jury was not manifestly erroneous or clearly wrong.

State ex rel. Morgan v. Kennard

25 La. Ann. 238 · Supreme Court of Louisiana · Mar 15, 1873

Howe, resigned, during the recess of the Senate, and that on the same day he was duly qualified and took possession of said office, having complied with all legal requirements, and his term of office has not yet expired.” … Justice Yoorhies, being the organ of the court, held that such proceeding, in the absence of petition and citation, are not unconstitutional, and that “summary proceedings clearly fall within the term ‘ due process of law

State v. Humphrey

412 So. 2d 507 · Supreme Court of Louisiana · Mar 12, 1982

In absence of qualifying provisions, the term intentional in the criminal code has reference to only general criminal intent. … The element of force or intimidation in a robbery (Arts. 64, 65) is not qualified by the word intentional as that word qualifies either the misdemeanor directly affecting the person in Art. 31 or the force or violence in

Ralph v. City of New Orleans

928 So. 2d 537 · Supreme Court of Louisiana · May 5, 2006

The City of New Orleans ("City") enacted local ordinances that acknowledge domestic partnerships and establish a Domestic Partnership Registry. … The spending of tax *539 money, no matter how minuscule the effect on the City budget, clearly affects the public fisc.

State v. Shaffer

260 La. 605 · Supreme Court of Louisiana · Nov 23, 1971

In their consideration of a qualified verdict, jurors are free of standards and criteria. Once guilt has been established, they have full discretion as to whether or not to dispense with capital punishment. … However, hearsay is clearly admissible if it *629 comes within the broad res gestae exception applied in Louisiana. R.S. 15:447; see State v.

Edwards v. Edwards

29 La. Ann. 597 · Supreme Court of Louisiana · Jul 15, 1877

Edwards died in 1872, and Ms widow, Adeline Edwards, qualified as tutrix of the minors. In January, 1875, M. A. Edwards, administratrix, issued a fieri facias against W. S. … We clearly have jurisdiction. As to the sufficiency of the surety on the appeal bond, this court can not notice the objection, because it is a court of appellate jurisdiction only.

State v. Phillips

412 So. 2d 1061 · Supreme Court of Louisiana · Apr 5, 1982

The evidence adduced at trial established the following facts. … Since the word "intentional" is included in the above definition of contributing to the delinquency of juveniles without a qualifying provision, only general criminal intent is required as an essential element of the crime

State v. Catanese

368 So. 2d 975 · Supreme Court of Louisiana · Mar 5, 1979

Clearly, the criteria used for determining the admissibility of scientific evidence should not require the instant and unquestionable demonstration required for the judicial notice of scientific facts. [9] Other types of … Obviously, this for analysis by any experts they may wish, who may testify if they can be qualified under Point I.

Derrick Shepherd v. Thomas Schedler, in His Official Capacity as the Secretary of State for the State of Louisiana, & James "Buddy" Caldwell in His Official Capacity as Attorney General for the State of Louisiana, & Paul D. Connick, Jr., in His Official Capacity as District Attorney for the 24th Judicial District, Parish of Jefferson, State of Louisiana

Supreme Court of Louisiana · Jan 27, 2016

That is, jurisdiction, once established, may abate if the case is moot. … One of the well-established exceptions to the mootness doctrine was discussed in depth by this court in State v. Rochon, 11-0009 (La. 10/25/11), 75 So.3d 876.

Errol G. Williams, Assessor, Parish of Orleans v. Opportunity Homes Limited Partnership and Louisiana Tax Commission

240 So. 3d 161 · Supreme Court of Louisiana · Mar 13, 2018

Pursuant to 26 U.S.C. § 42 , a housing project may qualify for LIHTC status, if, in addition to meeting other requirements, a certain minimum percentage "of the residential units in such project are both rent-restricted and … Further, tax credits may be "recaptured" on an LIHTC property if the building is disposed of, unless "it is reasonably expected that such building will continue to be operated as a qualified low-income building for the remaining

Edwards v. Police Jury

39 La. Ann. 855 · Supreme Court of Louisiana · Jul 15, 1887

In this case the Legislature has clearly refused to give its consent to such removal, except in compliance with the condition expressed in the proviso. … The statement made by the counsel for the rembvalists establishes this beyond a doubt, for he tells us that the bill, as originally passed by the House, contained no such proviso ; that the Senate refused to pass it without

HARRAH'S BOSSIER CITY INV. CO. 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. Simply 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).

Hibernia Bank & Trust Co. v. Whitney

122 La. 890 · Supreme Court of Louisiana · Feb 1, 1909

At the executor’s instance, a day was fixed for hearing the evidence; it was heard; the will was decreed probated, ordered executed, and he was authorized to qualify, and did qualify, and letters of executorship were issued … The difficulty in requiring a preceding tender grows out of the fact that the amount sometimes is not known; the extent of benefit received is not established.

Perritt v. Dona

849 So. 2d 56 · Supreme Court of Louisiana · Jul 2, 2003

The court of appeal concluded that a complaint should clearly set forth the facts forming the basis of a malpractice claim to give notice of the civil action. … The purposes of the MMA are: 1) to limit the liability of the health care providers who qualify under the Act ( Tucker v.

Succession of Hoss

33 La. Ann. 1256 · Supreme Court of Louisiana · Oct 15, 1881

Soon after Hoss’ death, the surviving partner, Taylor Noel, applied for the appointment of liquidator of the partnership, but never thereafter qualified as such. … This fact of excess of debts referred to does clearly appear from the record, but while it may not establish opponent’s entire want of interest, however remote or contingent it may appear, yet it may well be viewed as confirming

Coleman v. Deno

813 So. 2d 303 · Supreme Court of Louisiana · Jan 25, 2002

Expert testimony was clearly required both to establish whether the standard of care for an emergency physician at a Level II Trauma Center was breached and to evaluate this claim. … The record evidence clearly establishes that the compartment syndrome began on June 11, 1988, and the ultimate cause of Coleman's condition did not develop until after Coleman left Dr. Deno's care on June 8, 1988.

Cyprien v. Board of Supervisors for the University of Louisiana System

5 So. 3d 862 · Supreme Court of Louisiana · Jan 21, 2009

Cyprien’s employment was because “he had not received a degree from an accredited four year institution, [and therefore] Cyprien failed to qualify for the position he was initially hired to fill.” … Cyprien clearly knew or should have known that his academic qualifications were an important factor in ULL’s decision to hire him.

Michael O. Read v. Willwoods Community

165 So. 3d 883 · Supreme Court of Louisiana · Mar 17, 2015

All three candidates were considered extremely qualified. Mr. Read was already known to the committee members with varying degrees of familiarity. … Read personally believed Willwoods wanted a five or six year contract, this belief was clearly unilateral.

Maddox v. Robbert

165 La. 694 · Supreme Court of Louisiana · Feb 13, 1928

This was clearly not a denial of the allegation of assignment to and ownership of the notes by the plaintiff. … The court rejected the plaintiff’s demand, and refused to qualify the judgment “as in case of nonsuit.” The court said that the plaintiff has had a fair opportunity to make out his case and has failed.