Case law

Dowling v. Orleans Parish Democratic Committee

235 La. 62 · Supreme Court of Louisiana · Apr 21, 1958

This holding is said to rest on the principle that circumstantial evidence is admissible to prove for whom illegal votes were cast in an election and, where the facts from which the finding is made are clearly established … , tending to establish by whom these votes were cast.

Landry v. Avondale Industries, Inc.

877 So. 2d 970 · Supreme Court of Louisiana · Jul 2, 2004

The overall thrust of the statement of legislative intent in Act 431, § 4, clearly demonstrates that the legislature did not intend that Act 431 adversely affect the rights of survivors in a case, such as the instant one, … Recognizing the distinction between the direct tort action at issue in Cole and the wrongful death claim asserted in Walls , we ultimately held that the 1976 amendment to LSA-R.S. 23:1032, establishing executive officer immunity

Goldsmith v. Parsons

182 La. 122 · Supreme Court of Louisiana · Feb 4, 1935

The suggestion that the maker of the note might pay a lesser sum does not affect the consideration of the note, but clearly involves another and a different agreement, or a modification of the written contract as expressed … Our conclusion therefore is that parol evidence is admissible to establish the defense in this case. 2.

Canter v. Koehring Company

283 So. 2d 716 · Supreme Court of Louisiana · Sep 24, 1973

Adams and its progeny have established the following criteria for imposing individual liability, which are generally applied by the First and Fourth Circuits and by some panels of the Second and Third: 1. … Clearly, the answer to the question whether an injured employee can sue a coemployee depends upon the meaning of "third persons" as used in the quoted Section 1101 of the Act. Kimbro v.

American Mfg. Corp. v. National Union Fire Ins. Co.

203 La. 515 · Supreme Court of Louisiana · Jun 29, 1942

This broke the feed pipe, and from or through it there escaped into the building on the fourth floor a large quantity of water, which reached the third floor, where plaintiff had its establishment, through stairways and elevator … Plainly stated, the insurance company rests its defense on its contention that the “Hazards Not Covered” clause is clearly, under the admitted facts, an exclusion of liability for the damage to plaintiff’s property.

Banjavich v. Louisiana Licensing Board for Marine Divers

237 La. 467 · Supreme Court of Louisiana · Apr 27, 1959

The practical effect of the Act upon the occupation of marine diving is clearly borne out by the record. One of the defendant Board members, Alexander A. … We think this case is clearly distinguishable from the Le Blanc case.

State v. Schwartz

354 So. 2d 1332 · Supreme Court of Louisiana · Jan 30, 1978

In light of the purposes behind the Prieur guidelines, it is believed that for evidence of the other crime to qualify as res gestae under Prieur , the other crime must be so closely connected that the indictment or information … Therefore, it was clearly reversible error to allow the State to present the highly prejudicial evidence of the unrelated drugstore burglaries in this prosecution for possession of drugs with intent to distribute.

Benoit v. Turner Industries Group, LLC

85 So. 3d 629 · Supreme Court of Louisiana · Jan 24, 2012

In return, the employer is granted immunity from tort claims. … ‘‘[B]enzene is a known carcinogen and an established cause of AML.” Sutera v. Perrier Group of America, Inc., 986 F.Supp. 655, 659 (D.Mass.1997). Accord, Wademan v.

State v. Malone

403 So. 2d 1234 · Supreme Court of Louisiana · Sep 8, 1981

Iowa holds that a parolee's Fourth Amendment rights, privileges and immunities "be accorded the same recognition as [that of] any other person." State v. … The inculpatory statements were made after the group reached the marijuana patch and the record clearly establishes that defendant received Miranda warnings before being questioned by the sheriff's deputy concerning the growing

State v. Thomas

427 So. 2d 428 · Supreme Court of Louisiana · Feb 23, 1983

Certainly, the argument has been made that an improperly "death-qualified" jury is more likely to vote to convict. … No principle of procedural due process is more clearly established than that notice of the specific charge, and a chance to be heard in a trial of the issues raised by that charge, if desired, are among the constitutional

State v. Hunter

340 So. 2d 226 · Supreme Court of Louisiana · Oct 14, 1976

It would permit the defendant to obtain otherwise nondiscoverable evidence merely in the hope of establishing an antagonistic defense. … Clearly, the ability to apply the law of "principals" is relevant to the question of whether the juror will accept the law as given to him by the court.

POP CONSTEUCTION CO. v. State Farm Fire & Cas. Co.

328 So. 2d 105 · Supreme Court of Louisiana · Feb 23, 1976

It is argued that prescription should not run against the insured during the sixty day period provided for the insurer to pay the loss since during this time the insurer is clothed with immunity from suit. … Plaintiff has advanced no clear or compelling reason why we should overturn the decision, and since it is the established jurisprudence of our state, we will continue to follow it. 2.

State v. Washington

364 So. 2d 949 · Supreme Court of Louisiana · Nov 13, 1978

Defense counsel argues in brief that the record does not establish probable cause to search defendant nor an abandonment of the seized narcotics. … The trial court erred in overruling defense objection to trial court's questioning of police officer not qualified as a fingerprint expert, and commenting on witness' qualifications. 5.

State v. Vinzant

200 La. 301 · Supreme Court of Louisiana · Mar 30, 1942

The subject matter charged in the indictment was stated clearly and specifically. But, if defendant had needed more data or details in order to make his defense, his right and remedy are clearly prescribed by the Code. … His ruling was clearly correct.

State v. Jackson

450 So. 2d 621 · Supreme Court of Louisiana · Apr 2, 1984

There is clearly no constitutional right not to be tried by a jury, except in the very unusual case where a fair jury trial is impossible or unlikely. Singer v. … Eckert would not have offered positive evidence that defendant died other *632 than by asphyxia as already established by the coroner's testimony and defendant's confession.

Louisiana State Bar Association v. Sackett

231 La. 655 · Supreme Court of Louisiana · Jan 21, 1957

Lessovitz, 122 Ohio St. 406 , 171 N.E. 849 , are concerned with factual situations- and legal principles completely foreign to the subject under discussion and clearly have no application here. … All members of the Committee shall continue to serve after the expiration of their respective terms of office, until their respective successors have been duly appointed and qualified.

State v. Pesson

256 La. 201 · Supreme Court of Louisiana · May 4, 1970

Clearly the use of such an instrument could be established by other means, such as the testimony of the victim or any other eye witness. … Besides, we think that the opinion referred to relates to abortions performed by qualified medical personnel under conditions which safeguard the health of the patient, and not to those performed by persons not specifically

Bd. of Dir. of La. Recovery Dist. v. All Taxpayers, Property Owners, and Citizens of State

529 So. 2d 384 · Supreme Court of Louisiana · Jun 24, 1988

Unless the fundamental rights, privileges and immunities of a person are involved, there is a strong presumption that the Legislature in adopting a statute has acted within its constitutional powers. State v. … The earlier constitutions reflected the meaning of the requirement very clearly.

La. Household Goods v. La. Public Serv.

762 So. 2d 1081 · Supreme Court of Louisiana · Jun 30, 2000

This court has held, in the context of administrative proceedings, that hearsay evidence can qualify as competent evidence. Chaisson , 97-1225 p. 10, 708 So.2d at 381 . … clearly that its proposed new operation will materially promote the public convenience and necessity.

Anderson v. Avondale Industries, Inc.

798 So. 2d 93 · Supreme Court of Louisiana · Oct 16, 2001

"Substantive laws," for purposes of determining whether a law should be applied retroactively, are those which establish new rules, rights, and duties, or change existing ones. Aucoin v. … R.S. 23:1032, as amended in 1976, extends the employer's tort immunity to executive officers. [3] In Cole v.