Case law

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.

Alexander v. Toyota Motor Sales, U.S.A.

123 So. 3d 712 · Supreme Court of Louisiana · Sep 27, 2013

With all due respect, I dissent, as I believe plaintiff, Lenshonda Alexander, has established triable issues of fact as to whether defendant Lakeside Toyota breached its duty to plaintiff in failing to provide adequate warning … Lakeside clearly qualifies as a “seller” under the LPLA, as it “is in the business of conveying title to or possession of a product to another person or entity in exchange for anything of value.”

State v. Demouchet

353 So. 2d 1025 · Supreme Court of Louisiana · Dec 27, 1977

Our review of the witness' testimony relative to her qualifications clearly indicates that the witness was sufficiently qualified to testify as an expert in the field of fingerprint analysis and that her testimony was limited … Our review of the records indicates that the state clearly established that this exhibit was more probably than not connected with the case.

State v. Vince

305 So. 2d 916 · Supreme Court of Louisiana · Oct 11, 1974

Quite clearly, the evidence was relevant to that issue. … Art. 841 . [78] Moreover, the trial judge instructed the jury that it could qualify its verdict by adding "without capital punishment."

Town of St. Martinville v. Dugas

158 La. 262 · Supreme Court of Louisiana · Mar 2, 1925

It would not do for res judicata to grant the defendant, Dugas, immunity from prosecution, while all other persons remain subject to prosecution, for violation of this or any other municipal ordinance. … The Mayor, 2 La. 217 , that the authority of a city to establish markets meant the right to confine the sale of meats, oysters, etc., to the market places established by the municipal council.

State v. Green

282 So. 2d 461 · Supreme Court of Louisiana · Aug 20, 1973

This explanation was clearly exculpatory favoring Green's defense. Under these circumstances the questionable hearsay utterance was harmless. … No threats, promises of rewards or immunity were offered at the time, according to the witnesses to the confession; and no undue influence was used. *466 The defense contends, however, that at the time he allegedly made the

Succession of Stallings

197 La. 449 · Supreme Court of Louisiana · Mar 31, 1941

Her testament, which consisted of an olographic will and several olographic codicils thereto, was admitted to probate and the executor appointed and qualified. … Thus, she clearly indicated that it was not her intention to revoke the previous provisions contained in her will and the codicils thereto.

Cadwallader v. Allstate Ins. Co.

848 So. 2d 577 · Supreme Court of Louisiana · Jun 27, 2003

It is the particular insurance policy of the insured that establishes the limits of liability and it is well established that this contract of insurance is the law between the parties. … It is a rather simple word with a well-established common sense meaning which is referenced in the insurance policy in a clearly worded context.

Mundy v. Dept. of Health & Human Res.

620 So. 2d 811 · Supreme Court of Louisiana · Jun 30, 1993

compensation. [2] We granted certiorari and reversed, finding that the Department failed to prove that plaintiff was in the course and scope of her employment at the time of the incident and thus it was not entitled to tort immunity … The trial judge was clearly wrong in holding otherwise. The court of appeal correctly reversed the judgment of the trial judge. DECREE For the reasons assigned, the judgment of the court of appeal is affirmed.

State v. Hayden

171 La. 495 · Supreme Court of Louisiana · Nov 3, 1930

They were clearly hearsay evidence, being the mere expression of a sentimental feeling of the wife in anticipation of a reunited connubial relation. … The jury had nothing to do with the penalty to be imposed otherwise than to qualify the verdict for murder, by adding, without capital punishment, and this the jury did.

Elchinger v. F.H. Koretke Brass Mfg. Co.

196 La. 962 · Supreme Court of Louisiana · Jan 6, 1941

Elchinger, duly appointed, bonded and qualified Receiver of F. H. Koretke Brass & Manufacturing Company, Ltd., and Appellee herein, and upon showing to the Court that: “1. … These ex parte orders are therefore clearly illegal and invalid.

State v. Cox

246 La. 748 · Supreme Court of Louisiana · Jun 8, 1964

Our statute is clearly constitutional when measured by the standards set out in the New York Times case to satisfy the First Amendment. … As observed by the footnote in the Marcotte case, however, the holding in the Tate case is now the established jurisprudence of this court. 8 .

State v. Citizen

898 So. 2d 325 · Supreme Court of Louisiana · Apr 1, 2005

As explained by the parish attorney, this system has clearly been an overwhelming success. … Such a solution however, clearly conflicts with the legislative intent of R.S. 15:304. See 1994 La.

Russell v. McKeithen

257 La. 225 · Supreme Court of Louisiana · Dec 14, 1970

At the time the Guillory decision was rendered, Section 11 of Article V provided: “He [the Governor] shall nominate, and, by and with the advice and consent of the Senate, appoint all officers whose offices are established … Every consideration of public need and public policy upon which the legislation could rationally have been based should be weighed by the court, and the statute should be upheld as being valid and enforceable unless it clearly

Bardfield v. New Orleans Public Belt RR

371 So. 2d 783 · Supreme Court of Louisiana · May 21, 1979

the purpose of access to a single installation but used also by residents of the surrounding area, was nevertheless a "public highway" even though "it may be owned by a private corporation and may not have been legally established … However, the plaintiffs' suits against this defendant had been dismissed on the then-prevailing doctrine of sovereign immunity.

State v. Knighton

436 So. 2d 1141 · Supreme Court of Louisiana · May 23, 1983

We have rejected the argument that a jury qualified under the strict requirements of Witherspoon v. … Landry's lack of certification and lack of experience as a qualified expert fingerprint examiner.

State v. Kifer

186 La. 674 · Supreme Court of Louisiana · Mar 1, 1937

Yet narrow as it is, it is one that the statute has clearly provided against his enjoying. … intended that that course should be pursued, not at the discretion of the commissioners or the clerk or the judge, but as a duty imposed upon public officials, participating, as parts, in the operation of the machinery established

State v. Morrison

392 So. 2d 1037 · Supreme Court of Louisiana · Dec 15, 1980

We tend to credit judges with the ability through training and experience to segregate and disregard inadmissible evidence, a faculty which we clearly do not (and properly so) ascribe to trial juries. … In describing how a duly qualified operator of the machine obtains an accurate result, the officer testified that "[y]ou press one switch to turn it on so it will warm up.

In Re Liquidation of Canal Bank & Trust Co.

185 La. 34 · Supreme Court of Louisiana · Apr 27, 1936

.-57, as trustee’s commissions on income collected by it during its tenure as executor and before it qualified as trustee; that the trustee was sent into possession as such by judgment in the succession proceedings and took … In the Succession of Spyker, 159 So. 347, 351 , the Court of Appeal reviewed the jurisprudence and concluded: , “However, a reference to the foregoing quotations will show it to be clearly established that a judgment homologating

Cynthia Bridges, Sec., Dept. of Rev., State of Louisiana v. Nelson Industrial Steam Co. C/W Nelson Industrial Steam Co. v. Calcasieu Parish School System Sales and Use Tax Dept. C/W Cynthia Bridges, Sec., Dept. of Rev., State of Louisiana v. Nelson Industrial Steam Co. C/W Nelson Industrial Steam Co. v. Calcasieu Parish School System Sales and Use Tax Dept.

190 So. 3d 276 · Supreme Court of Louisiana · May 3, 2016

Clearly, limestone was not purchased for the purpose of being incorporated into the end products–electricity and steam. However, since La. … R.S. 47:301(10)(c)(i)(aa) does not preclude a byproduct from qualifying as an “article[] of tangible personal property,” and the International Paper test does not preclude a byproduct from qualifying as an “end product[].