Case law

Udomeh v. Joseph

103 So. 3d 343 · Supreme Court of Louisiana · Oct 26, 2012

However, we noted “when the child is neither legitimate at birth nor subsequently legitimated by the parent, Article 209 imposes a time limitation for establishing the filiation necessary to qualify as a child under Article … date, exceeded the speed limit, or failed to pay workers’ compensation benefits although the evidence in his or her possession clearly established a compensa-ble injury and disability.’”

State v. Celestine

452 So. 2d 676 · Supreme Court of Louisiana · May 14, 1984

In the instant case, the two aggravated rapes, although strikingly similar, were not so unique as to qualify as "signature crimes." … Celestine, 443 So.2d 1091 (La. 1983). [2] Assignments of Error Nos. 2 and 4 do not present reversible error nor do they involve legal issues not governed by clearly established principles of law.

C & C Energy, L.L.C. v. Cody Investments, L.L.C.

41 So. 3d 1134 · Supreme Court of Louisiana · Jul 6, 2010

The principles underlying our holding today are well-established. … We clearly emphasized the principle that “notice is a constitutional requirement, and want 18of notice is fatal to a tax sale.” Id., pp. 8-9, 925 So.2d at 1177 (citing Adsit v. Park, 144 La. 934 , 81 So. 430 (1919)).

State v. Roy

220 La. 1017 · Supreme Court of Louisiana · Feb 18, 1952

After trial on the merits, the jury which tried her rendered a qualified verdict of guilty and on June 8, 1951 she was sentenced to the State Penitentiary for life. … The per curiam of the trial judge on this bill states that the witness was permitted to testify as to what conditions the gun in question could be fired in a cocked position which, he states, was clearly rebuttal testimony

Moossy v. Huckabay Hospital, Inc.

283 So. 2d 699 · Supreme Court of Louisiana · Sep 24, 1973

Huckabay's letters establish that he was aware of the additional costs which would be incurred by the changes; Moossy's correspondence establishes that he communicated the increasing project cost as the plans were changed … Huckabay's testimony is very qualified when he speaks of a $350,000 fixed limit.

Louisiana Associated Gen. Contr. v. Calcasieu

586 So. 2d 1354 · Supreme Court of Louisiana · Sep 25, 1991

They clearly are attempting to restrain action by the Calcasieu Parish School Board. … Therefore, the legislature clearly intended to abolish the mandatory requirement of prevailing wage clauses in state public works contracts but clearly did not intend to deprive local public entities of the discretion to

State v. Welcome

458 So. 2d 1235 · Supreme Court of Louisiana · Jun 14, 1984

However, the significant time lapse between the initial scuffle and the shooting of the aunt's friend (for which the jury recommended life) clearly qualifies this offense as first degree murder. … Under these circumstances, the second killing also clearly qualifies as first degree murder. [16] The sentencing recommendations clearly indicate that the jury perceived a distinction *1255 between the two killings.

Levy v. Ward

32 La. Ann. 784 · Supreme Court of Louisiana · Jun 15, 1880

The question as to which of the two was canceled and which remained in force is not clearly-stated in the record. … The view we have taken establishes that the contract was, in no sense, simulated.

State v. Ward

246 La. 766 · Supreme Court of Louisiana · Jul 1, 1964

Each, represented by qualified and competent counsel of his choice, pleaded not guilty, and the case was fixed for trial for April 1. … Counsel for the accused relies solely on the testimony of one of the grand jurors, but his testimony clearly shows that he was confused about the meaning of the term “deliberations” as used in the statute.

State v. Ledet

298 So. 2d 761 · Supreme Court of Louisiana · Jun 10, 1974

As will be stated, we find the policy established by the latter statute outweighs and is more important by far than the policy set forth by the code article here violated. … This rule has nothing to do, in principle, with the trial rules of informality nor with the parol evidence rule permitting informalities to be established." Wigmore, supra, § 2348.

Aurora Properties, Inc. v. Louisiana Power & Light Co.

251 La. 880 · Supreme Court of Louisiana · Feb 19, 1968

In amicus curiae brief, the City of New Orleans has clearly set forth the powers of city planning commissions. It also persuasively demonstrates the need for underground wiring in new subdivisions. . … power, water works, or other local public utility, now vested in any town, city or parish government unless and until at an election to be held pursuant to laws to be hereafter passed by the Legislature, a majority of the qualified

Veazey v. Elmwood Plantation Associates, Ltd.

650 So. 2d 712 · Supreme Court of Louisiana · Mar 24, 1995

Such a result is clearly contrary to public policy. … It does not necessarily follow that the ratio approach should be applied outside of the worker's compensation-statutory immunity setting to a case in which the nonparty tortfeasor is not statutorily immune from liability,

Hall v. Folger Coffee Co.

874 So. 2d 90 · Supreme Court of Louisiana · Apr 14, 2004

that the finding is clearly wrong (manifestly erroneous). … The established jurisprudence of this court, however, clearly reveals the manifest error analysis employed by the majority is faulty.

Fryar v. Westside Habilitation Center

479 So. 2d 883 · Supreme Court of Louisiana · Dec 2, 1985

As an officer of Penn Square, he is not immune from Louisiana jurisdiction but that jurisdiction must be based on his personal acts. … Here we have a Rapides Parish non-profit corporation doing business with a Bossier Bank to act as trustee of funds derived from bond sales and to invest those funds in a "qualified investment."

Cenac v. Public Access Water Rights Ass'n

851 So. 2d 1006 · Supreme Court of Louisiana · Jun 27, 2003

If they are equivocal, or do not clearly and plainly indicate his intention to permanently abandon the property to the public, they are not sufficient to establish a dedication. … are clearly wrong in light of the record reviewed in its entirety.

Sparks v. Tulane Med. Ctr. Hosp. & Clinic

546 So. 2d 138 · Supreme Court of Louisiana · Jun 19, 1989

Defendant presented no medical testimony but attempted to establish that plaintiff had pre-existing medical problems. … ," and recovery of benefits was allowed. [7] While the sudden onset of physical injury may qualify as the compensable "accident" in some cases, see Ferguson v.

Haas v. Gill

531 So. 2d 457 · Supreme Court of Louisiana · Oct 7, 1988

By its summary reversal here, the majority effectively grants newspapers total immunity from the obligation of going to trial in libel suits. … Chiasson, Jr., a journalism professor at Loyola, who found Gill had “clearly failed to make clear to his audience that the column was not written to be taken seriously.” See Defendants’ Application for Writs at 154.

Louisiana Irrigation and Mill Company v. Pousson

262 La. 973 · Supreme Court of Louisiana · Sep 7, 1972

This factual conclusion by the Court of Appeal gave plaintiff “every benefit of the doubt.” 5 The 1967 and 1968 usurpation of the lateral canal by defendant clearly resulted in a loss of possession by plaintiff. … Yiannopoulos, Predial Servitudes, 29 La.L.R. 1, 38. 3 It is because of these questions, posed principally by the defendant, but not essen *987 tial to our decision, that we qualify our opinion. .

Shephard on Behalf of Shephard v. Scheeler

701 So. 2d 1308 · Supreme Court of Louisiana · Oct 21, 1997

The record clearly reveals that Mr. … In my opinion, the evidence established that weather conditions and speed were the substantial factors in this accident.

Petre v. State Ex Rel. DOTD

817 So. 2d 1107 · Supreme Court of Louisiana · Apr 3, 2002

all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity … The record evidence clearly establishes that the accident was caused solely by driver error. Moreover, the majority adds insult to injury in affirming the lower courts' finding that DOTD was 50% at fault. Ms.