Case law

Audubon Ins. Co. v. Bernard

434 So. 2d 1072 · Supreme Court of Louisiana · Jun 27, 1983

This is not to say that the legislature is without the power to establish a regulatory agency with responsibilities for the improvement of fire protection and the reduction of fire insurance rates. … By having a viable retirement system for firefighters, the continued employment of qualified firefighters is assured.

Gales v. Gold Bond Bldg. Products

493 So. 2d 611 · Supreme Court of Louisiana · Sep 8, 1986

Its provisions do not clearly state whether each causative employer is obliged to pay compensation, whether a causative employer's obligation is several, joint or solidary, or, if solidary, how the obligors may be liable … This latter problem is further complicated by the necessity of determining who—the insurers or the employee—is to bear the burden of establishing the basis for apportionment.

State v. Jones

316 So. 2d 100 · Supreme Court of Louisiana · Jun 25, 1975

relator objected to the introduction on grounds that the report was inadmissible because the State did not introduce the permit from the state department of health certifying that the person who administered the test was qualified … However, careful consideration readily reveals that such reasoning is clearly specious, in light of the fact that test results establishing legal intoxication dispense with the State's obligation to affirmatively meet its

Williams on Behalf of Williams v. Kushner

449 So. 2d 455 · Supreme Court of Louisiana · Apr 2, 1984

PATIENT'S COMPENSATION FUND The Patient's Compensation Fund is established and regulated by La.R.S. 40:1299.44 as a special fund for the benefit of successful medical malpractice claimants who are entitled to damages in excess … Clearly, the ambiguous reference to "the court" in the medical malpractice act is insufficient to deprive a claimant of a jury trial. *458 Similarly, there is no prohibition against a jury determination of post-settlement

Tassin v. Slidell Mini-Storage, Inc.

396 So. 2d 1261 · Supreme Court of Louisiana · Apr 6, 1981

Further finding that plaintiffs clearly proved the amount of damages to their property, he rendered judgment in favor of Mr. and Mrs. … The lessees assumed this responsibility by freely entering into the warehouse agreements, thereby dispensing with the implied warranty in their favor established by La.Civ. Code art. 2695.

Amet v. Boyer

43 La. Ann. 562 · Supreme Court of Louisiana · May 15, 1891

The following facts are thereby established, viz: (1) that A. L. … This is clearly equivalent to a retrocession of the land to the plaintiff as sole heir of the succession of Palmyra Boyer. A retrocession means the restitution of an ancient title to a true owner.

Henderson v. Nissan Motor Corp.

869 So. 2d 62 · Supreme Court of Louisiana · Feb 6, 2004

Plaintiffs called expert witness James Clary, a civil engineer and land surveyor who had been qualified several hundred times as an expert in highway safety, design, maintenance, signing and surveying. … that the finding is clearly wrong (manifestly erroneous).

State v. Lane

292 So. 2d 711 · Supreme Court of Louisiana · Mar 25, 1974

In brief the argument is repeated that at the time of the cross-examination of this witness, the fact that appellant and his companions had left the Rainbow Inn was established. … Article 817 clearly prescribes "Qualifying verdicts in capital and noncapital cases." Act 502 of 1972 which amended the article provides that "All law or parts of laws in conflict herewith are hereby repealed."

State Ex Rel. Girtman v. Ricketson

221 La. 691 · Supreme Court of Louisiana · Jun 2, 1952

The trial judge seemed to have experienced much difficulty in choosing between the parents as he thought that both the father, who had established a new home after his 'remarriage, and the mother, who also had established … We did so to emphasize it and to later express our wonder whether he gave it any consideration since it so clearly qualifies the rule stated in the sentence immediately preceding it.

Cosse v. Allen-Bradley Co.

601 So. 2d 1349 · Supreme Court of Louisiana · May 26, 1992

In Louisiana, the manifest error/clearly wrong standard applies to appellate review of a jury's findings of fact. In Rosell v. … Their liability and settlement agreements are not at issue. [3] The judge reallocated fault as Rust 62.5% and Link-Belt 37.5% because Celotex and its employees are immune under the Louisiana Worker's Compensation Law.

Succession of Meunier

52 La. Ann. 79 · Supreme Court of Louisiana · Nov 15, 1899

This contention is based on the fact that the motion and bond of appeal recite that “Louis Rittener, the duly qualified’ agent of the Commune of Carouge,” appeals. … This prohibition was established in the interest of public order and State policy, and held to embrace within its scope the trust estates of the common law.

Polk v. STATE EX REL. DOTD

538 So. 2d 239 · Supreme Court of Louisiana · Jan 30, 1989

Those figures establish that while the state paid Mrs. … qualified for moving expenses under La.R.S. 38:3104.

Interstate Tax Bureau, Inc. v. Conway

180 La. 453 · Supreme Court of Louisiana · Jul 2, 1934

It is a familiar rule of constitutional law that a legislative act should not be declared unconstitutional unless it is clearly so. … We find nothing in the statute complained of that is clearly repugnant to the organic law.

State v. David

425 So. 2d 1241 · Supreme Court of Louisiana · Jan 10, 1983

Qualified jurors need not, however, be totally ignorant of the facts and issues involved. … The introduction into evidence of the photographs of defendant's house and washing machine was clearly not harmful or prejudicial to the defense.

Seegers v. Parker

256 La. 1039 · Supreme Court of Louisiana · Oct 26, 1970

Clearly state "support" cannot extend to such a point that the strictures of the Establishment Clause are violated. … The statutes clearly specify that the funds used will only be used for teachers of secular subjects. The funds will not be used to pay teachers of religion as such.

Peltier v. Thibodaux

175 La. 1026 · Supreme Court of Louisiana · Nov 28, 1932

The writer is having the executor qualified and will have the heirs sent into possession of the entire estate within the next few days. Mr. … We think the fee charged in this case is clearly excessive, and we approve the reduction made. One item for $1,500 was rejected in toto.

Homes v. James Buckley & Co.

165 La. 874 · Supreme Court of Louisiana · Feb 13, 1928

It is immaterial whether such charge be designated as an expense or a profit sharing tax, neither the profits of a corporation, nor any one interested in its profits, is immune from its operation. … The income tax is clearly not an asset. It must necessarily, therefore, be considered and treated as an expense.

Brown v. Democratic Parish Committee

183 La. 967 · Supreme Court of Louisiana · Dec 3, 1935

That declaration of the liberal policy pursued by this court in construing the election laws in the interest of the people' was not qualified nor restricted. … It must be specially pleaded and the burden of establishing it is on the *987 pleader. The plea can never be enforced except upon the clearest showing that it is well-founded.

Bardwell v. Parish Council of Parish

216 La. 537 · Supreme Court of Louisiana · Dec 30, 1949

In determining whether the plea of prematurity or lack of equity jurisdiction is well taken, two established principles must be considered. … Winthrop, 115 Fla. 721 , 156 So. 270 , 94 A.L.R. 804 , that the majority view is that, where the voters are submitted any proposition which, if passed, would clearly and palpably violate either the Federal or State Constitution

State v. Langley

813 So. 2d 356 · Supreme Court of Louisiana · Apr 3, 2002

These absolute disparities were sufficient statistically to establish the degree of under-representation from which the district court could find that the defendant had established a prima facie case of intentional discrimination … Though described as the "most conservative" by the defense, such an assumption is clearly in the defendant's favor.