Case law

Rowan Companies v. State Tax Com'n

563 So. 2d 951 · Louisiana Court of Appeal · Jul 18, 1990

The Commission states that plaintiff must "clearly, unequivocally and affirmatively establish that the rig is exempt," but the U.S. … Rhoads, 188 U.S. 1 [ 23 S.Ct. 259 , 47 L.Ed. 359 ] (1903) sheep which were herded from Utah to Nebraska and that grazed along the way were held to be moving in interstate commerce and immune from local taxation.

Christophe v. State ex rel. Department of Health & Hospitals

95 La.App. 3 Cir. 398 · Louisiana Court of Appeal · Oct 4, 1995

that the trial court’s finding is clearly wrong. … Clearly, the parties were unable to conclusively establish the exact dates that Orealia stayed with the Chris-tophes, thus leaving the dates of their exposure as approximations. Similarly, Dr.

Mouton v. AAA Cooper Transp.

251 So. 3d 516 · Louisiana Court of Appeal · Jul 18, 2018

It was established Mr. Gillen began investigating accidents in 1977 when he joined the Baton Rouge City Police Department. By his estimate, Mr. … [T]he district court properly found that Gillen was qualified to testify concerning the standards set forth by the MUTCD and properly admitted the expert testimony of Gillen, who is qualified by experience, skill, and training

Alombro v. Campbell "66" Express, Inc.

361 So. 2d 453 · Louisiana Court of Appeal · Jun 30, 1978

Clearly, the track on the sides of the doorway of the trailer was a cause-in-fact of the accident. The determination of cause-in-fact is a “but for” inquiry. Pierre v. Allstate Ins. … Because the answer to another interrogatory supported Campbell’s special defense that it was a statutory employer under R.S. 23:1061 and immune from liability under R.S. 23:1032, the court dismissed the suit against Campbell

State v. Edwards

419 So. 2d 881 · Supreme Court of Louisiana · Sep 7, 1982

Clearly three weeks is not an insufficient time for the taint of the original illegal arrest (if it was illegal) to have become attenuated. … As this witness was clearly hostile, it was not improper to allow her to be impeached. This assignment of error is without merit.

State v. Moity

245 La. 546 · Supreme Court of Louisiana · Dec 16, 1963

The opinion rendered by the trial judge is based upon the applicable statutory law, which is to the effect that for a qualified privilege to exist, requiring the state to prove actual malice motivated the publication of the … Further, “A qualified privilege exists and actual malice must he proved, regardless of whether the publication is true or false, in the following situations: (1) Where the publication or expression is a fair and true report

State v. Guidry

160 La. 655 · Supreme Court of Louisiana · Feb 1, 1926

After the 3 prospective jurors had *Page 657 been examined, and found qualified by the district judge, he tendered them to the state and to the defendant for acceptance or rejection. … And, further, that it is contrary to the established procedure of the state and is an attempt on the part of the court to usurp legislative powers.

Latiolais v. Tauzin

477 So. 2d 1292 · Louisiana Court of Appeal · Nov 7, 1985

No discussion of the law is required to establish that this is simply not so. … In that regard plaintiff must show that the trial court was manifestly erroneous, that he was clearly wrong. We find no error in the trial court’s finding of fact.

Hooker v. Super Products Corp.

751 So. 2d 889 · Louisiana Court of Appeal · Jun 30, 1999

Plaintiff was clearly attempting to perform his job in the usual manner when the hose ruptured. … We find the present case to be clearly distinguishable from that entire line of jurisprudence.

State v. Foster

10 La.App. 3 Cir. 871 · Louisiana Court of Appeal · Mar 16, 2011

Clearly, his experience was sufficient to qualify him as an expert. Defendant argues the record does not contain written reasons for his adjudication in violation of La.R.S. 15:529.1(D)(3). … The evidence established that Defendant is a seven-time felony offender. 1 .RULING Defendant’s adjudication as a fourth felony offender is affirmed. AFFIRMED. 1 .

Johnson v. City of Opelousas

488 F. Supp. 433 · District Court, W.D. Louisiana · Apr 16, 1980

This Court feels that the infringement of the individual rights of parent and child involved herein is warranted by the pressing nature of the social need the ordinance was established to promote. … As mentioned above, in addition to meeting all four (4) requisites of 23(a), the Court finds that this action would qualify under subsection 23(b)(2). Rule 23; Huff v. N. D. Cass Co., 485 F.2d 710 (5th Cir.).

Hebert v. Brazzel

393 So. 2d 135 · Louisiana Court of Appeal · Jul 22, 1980

Manifest error was defined as meaning clearly wrong. Therefore, our review of the factual determinations consists of a review of the record to establish whether or not they are clearly wrong. … After a careful reading of the record and close observation of the arguments of counsel, we do not believe that the jury was clearly wrong.

Opinion Number

Louisiana Attorney General Reports · Apr 20, 2006

The Waterworks qualifies as a "revenue-producing public utility," as defined by LSA-R.S. 33:4161 , because it is owned by the parish and because it supplies the commodity of water. … However, if the primary purpose for the fee is revenue and regulation is "merely incidental," or if the fee "clearly and materially exceeds the cost of regulation or conferring special benefits upon those assessed," then

State v. Lambert

514 So. 2d 550 · Louisiana Court of Appeal · Oct 1, 1987

It was clearly established that apomorphine is an *553 isoquinoline alkaloid of opium. … This seems to be clearly contradictory to the doctrine that “nothing is a crime which is not clearly and unmistakably made a crime.” State v. Truby, supra.

Opinion Number

Louisiana Attorney General Reports · Feb 24, 1999

Thus, to qualify as a program of social welfare for the aid and support of the needy and to fall within Paragraph (B) it is required that those assisted through the program must be screened pursuant to objective criteria … In regard to establishing a cooperative endeavor this office made the following observation: Care should be taken to insure that the cooperative endeavor agreement clearly reflects (1) the reciprocal rights and duties of

Berthelot v. Patients' Compensation Fund Oversight Board

2007 La.App. 1 Cir. 0112 · Louisiana Court of Appeal · Nov 2, 2007

(I )(a) All malpractice claims against health care providers covered by this Part, ... shall be reviewed by a medical review panel established as hereinafter provided for in this Section. * * * (3) It shall be the duty of … CONCLUSION The PCF has overstepped its legislative authority and has not carried out its mandatory clerical and ministerial duties that are clearly set forth in the LMMA.

Tasker

District Court, W.D. Louisiana · Jun 10, 2026

Under Louisiana law, an entity must qualify as a “juridical person,” which is defined as “an entity to which the law attributes personality, such as a corporation or partnership.” La. Civ. Code art. 24. … Plaintiff must provide facts to establish that each named defendant displayed a subjective intent to cause harm.

Normand v. Hertz Corporation

254 La. 1075 · Supreme Court of Louisiana · Nov 10, 1969

Such a showing is necessary to establish “temporary use *1087 as a substitute”, i.e., a car put in place of another. … Hertz, in effect, gave Hatcher qualified permission, qualified to the extent that the vehicle could not be used, operated or driven by any person except “customer” (Hatcher), or other specified classes of persons with Hatcher

Succession of Houssiere

146 So. 2d 483 · Louisiana Court of Appeal · Nov 5, 1962

He is the sole male heir of the deceased and is the best qualified by experience and otherwise to be appointed administrator of the estate of his deceased mother. "3. … Clearly the reasons for disqualification, as set forth in appellants' petition, do not fall within the scope of LSA-C.C.P. Art. 3097.

State v. Mena

344 So. 2d 357 · Supreme Court of Louisiana · Apr 6, 1977

In our opinion, the facts recited in the affidavit clearly provide an adequate basis upon which the issuing magistrate could conclude that the informant was credible and his information reliable. … Thus, some showing that the informant did not possess illusions of immunity might well be essential." 403 U.S. at 595 , 91 S.Ct. at 2087 , 29 L.Ed.2d at 740 .