Case law

Opinion Number

Louisiana Attorney General Reports · May 29, 1996

Louisiana's present constitutional and statutory scheme clearly allows the inclusion of all registered voters in elections of the type presented. La. Const. Art. … The legislature enacted Chapter 6-A of the Louisiana Election Code to establish a uniform procedure to conduct elections to authorize the issuance of bonds, the assumption of indebtedness, and the imposition or increase of

Abundance Square Associates, L.P. v. Williams

2010 La.App. 4 Cir. 0324 · Louisiana Court of Appeal · Mar 23, 2011

“Exemptions from taxation are strictly construed, an exemption being an exceptional privilege which must be clearly and unequivocably and affirmatively estab *264 lished.” Holley v. … The Louisiana Constitution of 1845 provided that a university was to be established in New Orleans named the University of Louisiana.

Starks v. Starks

250 So. 3d 1025 · Louisiana Court of Appeal · Jun 27, 2018

[T]he predicate fact regarding bullet trajectory was established by two highly qualified individuals. Although it was available to him, Dr. Manion did not review the CT scan. He merely relied on the radiologist report. … . *1035 The correct bullet trajectory was established by two highly qualified experts, Richard Ernest and Dr.

Slavich v. Knox

750 So. 2d 301 · Louisiana Court of Appeal · Dec 15, 1999

Slavich's general surgeon and not qualified to testify as an expert on the standard of care for an internist. We disagree. … The record clearly reveals that Dr.

State v. Roach

322 So. 2d 222 · Supreme Court of Louisiana · Nov 3, 1975

We believe that the context of the application clearly indicates that the informant reported directly to the affiant. … The chain of custody was amply established by this testimony. Clearly, it was more probable than not that the marijuana introduced in evidence was related to the case.

Fields v. Lofton

712 So. 2d 268 · Louisiana Court of Appeal · May 15, 1998

Const, art. 12, § 10 of the 1974 Constitution, the state and its political subdivisions had been immune from lawsuits, unless they expressly waived their immunity. … The constitutional amendment clearly exceeded a mere interpretation, clarification, or “cure” of existing law. It was an alteration of the former prohibition of article 12, § 10 against limiting liability.

Harvey Canal Ltd. Partnership v. Lafayette Insurance Co.

9 La.App. 5 Cir. 605 · Louisiana Court of Appeal · Mar 9, 2010

clearly wrong.... … Formal education or training in a particular field is not always necessary to qualify as an expert in a particular field; experience alone is sufficient. 10 It is well-established that the trial judge has wide discretion

McGlothlin v. Christus St. Patrick Hospital

65 So. 3d 1218 · Supreme Court of Louisiana · Jul 1, 2011

Under well-established law, because “all of the limiting provisions applicable to qualified health care providers are ‘special legislation in derogation of the rights of tort victims,’ these provisions are all strictly construed … As the record clearly shows, Dr.

Brandt v. Engle

791 So. 2d 614 · Supreme Court of Louisiana · Jun 29, 2001

"Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence. … In Hondroulis , we held that "`[s]ome' expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of

Folse v. Lafourche Democratic Committee

160 So. 2d 363 · Louisiana Court of Appeal · Jan 27, 1964

“At the outset, I think the law is well established that election laws are sui generis and in order for a losing candidate to set aside the results of an election or to contest the results of an election, he must specifically … Cross [La.App.,] 158 So.2d 614 , and more specifically at page 618, the Court very pertinently, clearly and unmistakably covered the situation it seems to me in these words and I quote: “ ‘The Primary Election Law allows

State v. Square

257 La. 743 · Supreme Court of Louisiana · Jan 18, 1971

He-was therefore qualified. … Clearly sufficient facts were shown, though circumstantial, to establish the relevancy of this evidence.

Tison v. Fidelity and Casualty Company of New York

181 So. 2d 835 · Louisiana Court of Appeal · Dec 21, 1965

There is no evidence that Tison upon his return to camp actually saw or observed Wallace drinking and the testimony of witnesses clearly establishes that Wallace exhibited no visible signs of intoxication. … He was not qualified for instrument flight.

Jones v. Airport Systems Intern.

671 So. 2d 1176 · Louisiana Court of Appeal · Apr 3, 1996

The mover bears the burden of establishing that there are no genuine issues of material fact. … In such cases, the scope of statutory immunity is narrowly interpreted. Stelly v. Overhead Door Co. of Baton Rouge, 94-0569 (La. 12/8/94), 646 So.2d 905 .

State of Louisiana v. Maurice Addison Hawley

149 So. 3d 1211 · Supreme Court of Louisiana · Oct 15, 2014

S-2 was created to establish the technician was qualified pursuant to regulations. Thus, the primary purpose of S-1 and S-2 was not to determine Mr. … These statutes clearly refer to certificates from criminalistics laboratories conducting actual analysis of evidence, such as those considered in Melendez-Diaz and Bullcoming.

STATE EX REL. BD. OF COMMISSIONERS v. Bergeron

235 La. 879 · Supreme Court of Louisiana · Nov 10, 1958

It is fundamental that to enact is to decree, to establish by law and to perform or effect a law. To reenact is to enact again. … and qualified by the succeeding executive.

Brown v. Williams

587 So. 2d 732 · Louisiana Court of Appeal · Sep 25, 1991

The trial court's finding that Coleman was not a qualifying nonresident real estate broker is not plainly wrong. Coleman was not entitled to sue Brown for a real estate commission. … However, the parties proceeded to a two-day trial at which no one ever urged the trial court to consider the effect of any statute or regulations on the parties' privileges and immunities.

St. Paul Fire and Marine Ins. Co. v. Eusea

775 So. 2d 32 · Louisiana Court of Appeal · Dec 29, 2000

The insurance policies the defendants filed to establish their financial responsibility were claims-made policies with retroactive coverage encompassing the dates of defendants' alleged malpractice. … Clearly, Dr. Blanchard satisfied the requirements of LSA-R.S. 40:1299.42 to obtain his status as a qualified health care provider under the Act. Accordingly, Dr.

Opinion Number

Louisiana Attorney General Reports · Oct 21, 1992

Manufacturing and Nan Ya Plastics qualify as new manufacturing establishments for the exemption of ad valorem taxes under Article VII , Section 21 (F) of the Louisiana Constitution of 1974. … Further, in order for a facility to qualify for tax exempt status under Section 21(F), it must either be a new "manufacturing establishment" or and "addition" to an existing manufacturing establishment, as those terms are

Holcomb v. ERA Helicopters, Inc.

618 F. Supp. 339 · District Court, W.D. Louisiana · Sep 23, 1985

The “arising under” provision of federal subject matter jurisdiction has received thorough-going analysis by the courts, 1 and numerous decisions by the United States Supreme Court on this subject have clearly established … Moreover, this maritime nexus exists even though the helicopter itself does not qualify as a vessel. Barger v. Petroleum Helicopters, Inc., 692 F.2d 337 (5th Cir.1982).

Thrash v. Maerhofer

745 So. 2d 1238 · Louisiana Court of Appeal · Nov 17, 1999

Thrash qualified to testify on the issue of whether the injury was caused by chiropractic treatment.” … 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