Case law

State v. Ross

343 So. 2d 722 · Supreme Court of Louisiana · Mar 7, 1977

They clearly maintained that defendant had never been threatened, coerced, physically abused or promised anything in order to induce his confession. … It must also be established that an accused who makes a confession during custodial interrogation was first advised of his Miranda rights. Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).

Natalbany Lumber Co. v. McGraw

188 La. 863 · Supreme Court of Louisiana · Jan 10, 1938

In Louisiana it is a well-established rule of law that one who by his own negligence contributes to his injuries is not entitled to any recovery for the previous negligence of another. … This case, under its facts, clearly falls within and is governed by the decision of this court in the case of New Orleans & N. E. R. R. Co. v. Bernich, 178 La. 153 , 150 So. 860 .

Horil v. Scheinhorn

663 So. 2d 697 · Supreme Court of Louisiana · Nov 27, 1995

Noting that he had previously settled his claims with the original defendants who had been qualified health care providers, Horil now professed a right to proceed directly against the Fund. … Here, Horil clearly did not comply with that mandated procedure, and the subsequent amending petition failed to state a cause of action against the Fund.

Schwegmann Bros. v. Louisiana Board of Alcoholic Beverage Control

216 La. 148 · Supreme Court of Louisiana · Nov 7, 1949

The immunization of a law from constitutional attack by the simple expedient of requiring licenses from those in a business sought to -be regulated clearly would be inharmonious with our American system of checks and balances … It is' to be clearly understood that we are not holding that the Legislature cannot under any circumstances adopt legislation, pursuant to the state’s police power, relating to the establishing of prices on intoxicants with

CIV. SERV. COM'N OF CITY OF NEW ORLEANS v. Foti

349 So. 2d 305 · Supreme Court of Louisiana · Jun 20, 1977

Foti, Jr., planned the establishment of a rehabilitation program in the Orleans Parish Prison, and obtained the passage of Act 509 of 1968, now R.S. 33:1529, which provides: "A. … The failure of Foti to obtain the director for the Rehabilitation Unit from a list of qualified applicants on the civil service list precipitated this litigation.

Daily Advertiser v. TRANS-LA, ETC.

612 So. 2d 7 · Supreme Court of Louisiana · Jan 19, 1993

Nor does the fact that a party to an action qualifies as a public utility automatically divest a court of original jurisdiction; however, that fact renders another constitutional provision arguably applicable. … Plaintiffs maintain that the LPSC clearly lacks the power to award the damages, much less the treble antitrust damages, to which they are entitled. In support of this position, plaintiffs cite City of New Orleans v.

State Ex Rel. Porterie v. Smith

182 La. 662 · Supreme Court of Louisiana · May 1, 1935

Before they could qualify, and after they had qualified and took office and attempted to function, together with four elected members, the defendants, by written resolutions and *681 opinions, challenged the right and authority … Plaintiffs were manifestly entitled to protection through a writ of preliminary injunction, and the. trial ■judge clearly erred in refusing to grant it.

Shreveport Creosoting Co. v. City of Shreveport

119 La. 637 · Supreme Court of Louisiana · May 27, 1907

The word “other,” as used in the Constitution, as qualifying “articles of wood,” contributes to give a restrictive sense to the words “articles of wood,” and limits the exemption from taxation to “other articles of wood,” … Ency. of Law (2d Ed.) vol. 12, p. 2. (5) Burden of proof: The one who claims an exemption assumes the burden of proof, and must clearly and satisfactorily establish an exemption exists, and that the property for which it

Aaron Emigh v. West Calcasieu Cameron Hospital

145 So. 3d 369 · Supreme Court of Louisiana · Jul 1, 2014

In support of her lawsuit, Delouche contends the petition clearly states a cause of action. … The fact that Blue Cross could only deliver based on third party performance does not make Blue Cross immune to liability.

Katz v. Katz Realty Co.

228 La. 1008 · Supreme Court of Louisiana · Dec 12, 1955

Seghers, a qualified surveyor. … LSA-Civil Code cording to the rules established in the Article 1926.

People for the Ethical Treatment of Animals v. Board of Supervisors of Louisiana State University and Thomas Galligan, Individually and in His Capacity of President of Louisiana State University

Supreme Court of Louisiana · Jun 28, 2024

Clearly, then, state law authorizes and applies to the veterinary care records requested. … The evidence establishes the Dr.

Webb v. Keller

39 La. Ann. 55 · Supreme Court of Louisiana · Jan 15, 1887

Susan Quirk’s claims and pretensions are concerned, they are clearly covered by, and embraced in that decree; aud the plea of res judieata must be sustained. … Beulah Beggs, the decree *65 quoted does not establish res judicata, but it furnishes a forcible precedent. Y. Notwithstanding the fact that the second marriage of Ur.

State ex rel. De Leon v. City of New Orleans

34 La. 477 · Supreme Court of Louisiana · Mar 15, 1882

We think the more cautious and qualified expression of the same Court, in the case of Loan vs. Topeka, 20 Wall. 660 , furnishes a sounder rule. … It requires merely the simplest arithmetical operation to fix the rate of tax required as clearly as if it had been fixed in the law.

State ex rel. Bourg v. Turner

152 La. 828 · Supreme Court of Louisiana · Nov 10, 1922

Although such right is not given by any statute of the state, the principle is well established'in the jurisprudence of the state that one presenting a petition clearly alleging his actual incumbency of an office is entitled … any right under his appointment, the police jury appointed Keller to his posi *841 tion, who qualified by taking the oath of office.

State v. Robertson

358 So. 2d 931 · Supreme Court of Louisiana · Apr 10, 1978

Martin was qualified as an expert in the field of fingerprint identification. Defendants did not question his qualifications; in fact, they stipulated to his qualifications as an expert in said field. Mr. … Clearly, the probative value of the procedure outweighed any prejudicial effects.

Johnson v. Collector of Revenue

246 La. 540 · Supreme Court of Louisiana · Jun 8, 1964

However, the corporation was qualified to do business in the State of Louisiana, its registered office having been'the law offices of its legal counsel in New Orleans. … Therefore, it clearly appears that these last mentioned provisions are in direct and irreconcilable conflict with those of LRS 47:159, subd.

Chalaron v. Insurance Co. of North America

36 L.R.A. 742 · Supreme Court of Louisiana · Dec 14, 1896

Under bills of exception reserved, they introduced evidence for the purpose of establishing this understanding, and to establish that it was a custom in the city of New Orleans for the reinsurer to carry part of the risk. … In this case we are asked by the plaintiffs to displace the clearly defined liability arising from the ordinary contract of reinsurance.

State v. Wright

445 So. 2d 1198 · Supreme Court of Louisiana · Jan 16, 1984

Clearly, in some instances, nonverbal conduct could constitute comment on the evidence. … Clearly, proof of intent must be inferential in this case, since no one was present in the room besides the defendant and the victim.

Meredith v. Ieyoub

700 So. 2d 478 · Supreme Court of Louisiana · Sep 9, 1997

The primary purpose of Section 2205 was to establish the Hazardous Waste Site Cleanup Fund. … Since the Legislature clearly intended by Section 2205 A(1) to establish the Hazardous Waste Site Cleanup Fund and to dedicate part of the state's recovery from settlements or judgments in claims against environmental offenders

MTU of North America, Inc. v. Raven Marine, Inc.

475 So. 2d 1063 · Supreme Court of Louisiana · Sep 10, 1985

There must be a particular and specific demonstration of fact, as distinguished from stereotyped and conclusory statements, in order to establish good cause. … Dinger, a party to the lawsuit, not qualified as an expert, should be compelled to give his opinion or conclusion as to what corporate action he would have advised regarding a special warranty provision; however, counsel