Case law

Copeland Enterprises, Inc. v. Slidell Memorial Hosp.

657 So. 2d 1292 · Supreme Court of Louisiana · Jun 30, 1995

Although the obligor's consent is not required for subrogation by the obligee, the obligee's intention to subrogate must be clearly indicated. … The author of this concurrence dissented from this conclusion in that case because in his opinion, La.R.S. 22:657 clearly regulated the business of insurance.

Cyprien v. BD. OF SUP'RS EX REL. U. OF LA.

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.

Succession of Levy

48 La. Ann. 1520 · Supreme Court of Louisiana · Dec 19, 1896

The District Oourt was clearly wrong in exacting the giving of such a bond. … The fact alleged having been established, Domingon was removed’, and the court forthwith, without advertisement, appointed De Flechier in his stead. Domingon appealed. On appeal the judgment was affirmed.

State v. Vincent

145 So. 3d 230 · Supreme Court of Louisiana · May 22, 2013

Clearly, then, the subpoenas requested by the District Attorney fail to meet |4the statutory requirements of La. C.E. art. 507; but they are improper for another, more fundamental reason. … I, § 13 provides, in relevant part: "The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents.” .

State v. Shirley

256 La. 665 · Supreme Court of Louisiana · Jun 29, 1970

“Since the note was clearly and positively identified as the note removed from the door of defendant’s office and the other witness testified she removed the note from the victim’s purse, the ruling of the Court was that … a sufficient chain had been established and it was a question of weight which the jury might give to the note.”

Carter v. Avondale Shipyards, Inc.

415 So. 2d 174 · Supreme Court of Louisiana · May 17, 1982

Plaintiff is clearly entitled to compensation benefits. See Bates v. Bituminous Casualty Corp., 266 So.2d 556 (La.App.1972). … The evidence clearly established that Hanlon's silicosis was a result of his employment with PPG and not from his three day employment with Sline.

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.The trial court erred in overruling

State v. Smith

106 La. 33 · Supreme Court of Louisiana · Nov 15, 1901

Thomas Dickson,” charged with rape, and her 'testimony had sufficient effect upon the jury to obtain a qualified •verdict; her testimony was full and complete upon that trial, and she 'did not impress any one in court that … On the contrary, she clearly satisfied every one that she Was intelligent, cool, and deliberate, and above the average of her race. 'On her trial, she testified fully and intelligently.

Archer Daniels Midland Co. v. PARISH SCHOOL BD.

802 So. 2d 1270 · Supreme Court of Louisiana · Nov 28, 2001

Charles Parish, clearly, St. … It is well established that exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively established by the taxpayer.

Brown v. Crockett

8 La. Ann. 30 · Supreme Court of Louisiana · Jan 15, 1853

belonging to such minors within this State, upon producing satisfactory evidence of their appointment, without being under the necessity of qualifying as tutors according to the laws of Louisiana. … In the next place, the jury had clearly a right to consider the mental pain inflicted upon the child, a legitimate subject of amend. See Civil Code, Art. 1928.

State v. Cole

161 La. 827 · Supreme Court of Louisiana · May 31, 1926

Cole,‘and ;not paid, or returned, and this tes"timonywas offered on the same point, to further ■establish thé fact, and to show that the defendant. did not have money to pay checks of his depositors, with large balances to … The judge says: “This testimony was clearly in rebuttal of defendant’s testimony that it was not necessary to keep such books and make such entries.”

State v. Moses

367 So. 2d 800 · Supreme Court of Louisiana · Jan 29, 1979

The door was not entirely closed, and conversation inside the apartment was clearly audible in the hallway. … The majority opinion holds that the police officer was qualified by his police experience to draw these conclusions. This is an erroneous statement of legal principle.

State v. Simmons

443 So. 2d 512 · Supreme Court of Louisiana · Apr 4, 1983

Their testimony clearly negates any claim of intoxication sufficient to vitiate the voluntariness of the confessions. … However, in the absence of qualifying provisions, the terms `intent' and `intentional' have reference to `general criminal intent.'" R.S. 14:11.

State v. Brogdon

457 So. 2d 616 · Supreme Court of Louisiana · Sep 10, 1984

Louisiana law requires that before a witness may qualify as an expert a foundation establishing his competency must be provided to the satisfaction of the court. La. R.S. 15:466. … Ritter's testimony clearly outweighed its prejudicial effect, and it was properly admitted.

State Ex Rel. Rathe v. Jefferson Parish School Board

206 La. 317 · Supreme Court of Louisiana · Dec 13, 1943

It is only when it is clearly shown that the action of such a board is beyond its authority or is arbitrary, unreasonable, or fraudulent that a court is justified in interfering.” … The record clearly shows that the principal’s nine monthly reports and the principal’s session report were each erroneous in reporting the absences.

State v. Vincent

145 So. 3d 233 · Supreme Court of Louisiana · May 22, 2013

Clearly, then, the subpoenas requested by the District Attorney fail to meet 14the statutory requirements of La. C.E. art. 507; but they are improper for another, more fundamental reason. … I, § 13 provides, in relevant part: “The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents." .

Landry v. Ozenne

194 La. 853 · Supreme Court of Louisiana · Mar 12, 1940

This was clearly so held in the case of Lafargue v. Galloway, 184 La. 707 , 167 So. 197 . … Galloway, supra, the Court stated [ 184 La. 707 , 167 So. 198 ]: ‘It is well-established law in this state, as well as elsewhere, that, to contest an election, not only specific frauds or irregularities must be alleged, but

Louisiana Associated General Contractors, Inc. v. Louisiana Department of Agriculture & Forestry

924 So. 2d 90 · Supreme Court of Louisiana · Feb 22, 2006

Promoting, protecting, assisting and advancing agriculture are purposes for which the Louisiana Agricultural Finance Authority was established. 7. … While this statute alone would not be enough to qualify as an express exemption from the Public Bid Law, given the language found in the LAFA act, specifically La.

State ex rel. Newman v. Burke

35 La. Ann. 185 · Supreme Court of Louisiana · Jan 15, 1883

It has been said by the Supreme Court of the United States ; “ it is a doctrine of law too well established to require citation of authorities, that where a court has jurisdiction, it has a right to decide every question … The defendants had an equal right to plead, as a defense, the pendency of the Hart suit, and, indeed, it was clearly the part of prudence for them to do so, in order to avoid questions of responsibility in case of conflicting

Women's & Children's Hospital v. State, Department of Health & Hospitals

2 So. 3d 397 · Supreme Court of Louisiana · Jan 21, 2009

The court of appeal found that while the 1994 Rule clearly established the rate setting methodology to be used during the transition period, it did Innot find that the language clearly established the peer group rate as the … |uHowever, we do not find that the Rule language clearly establishes the rate-setting methodology to be used at the end of the three-year phase-in period.