Case law

State v. Robinson

223 La. 595 · Supreme Court of Louisiana · Feb 16, 1953

Accordingly, since he did not observe the speed at which defendant’s truck was travelling, his statement was clearly hearsay and could only be received on the theory 'that he was an expert on the speed of motor vehicles qualified … On the contrary, Section 6233 merely provides that the speed of an automobile may, like any other fact, be established by circumstantial evidence and Section 6234 declares that the physical effect of the impact of vehicles

Opinion Number

Louisiana Attorney General Reports · Jun 12, 2002

These activities are clearly phrased in the alternative; meaning that if a person (defined in LSA R.S. 22:5 (6) to include individuals and business entities) performs any of the listed activities, then the person is regulated … Your second request is: "Are PBMs mandated to pay the 10 cent provider fee established in (R.S. 46:2625 ) and Directive 157?

Hornot v. Cardenas

968 So. 2d 789 · Louisiana Court of Appeal · Oct 3, 2007

Where there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. . . . … R.S. 14:50 is also found in the Louisiana Criminal Code, but the privileges it establishes can also apply in civil cases. Reporter's Comment — 1950 to La. R.S. 14:50.

State v. Collins

763 So. 2d 618 · Louisiana Court of Appeal · Dec 8, 1999

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … After reviewing this record, we conclude that the trial court's determination that Connie Brown is an expert in the fields of DNA analysis and forensic serology was not clearly erroneous.

State v. Whittaker

463 So. 2d 1270 · Supreme Court of Louisiana · Feb 26, 1985

This note is clearly relevant. It indicates consciousness of guilt and an attempt to persuade a co-defendant to remain silent or lie. … His alibi witnesses did not establish that he was at the Dunn home that evening at the time of the crime.

Alexander v. Lafayette Crime Stoppers, Inc.

9 La.App. 3 Cir. 927 · Louisiana Court of Appeal · Feb 3, 2010

Contract Louisiana Civil Code Article 1927 provides: A contract is formed by the consent of the parties established through offer and acceptance. … In addition, the qualifying tip must be received prior to midnight, August 1, 2003.

Succession of Gafford

180 So. 2d 74 · Louisiana Court of Appeal · Oct 28, 1965

Frank Matthews was appointed and qualified as administrator. … The opinion by Chief Justice Fournet, relied upon Civil Code Art. 1570 and held the words of the testatrix did not comply with the codal article prescribing that the testament must "clearly establish that it is a disposition

Villa v. Derouen

614 So. 2d 714 · Louisiana Court of Appeal · Feb 3, 1993

On direct examination, in response to questioning by his own attorney, Derouen qualified his previous answers, as follows: "Mr. Lambert: ... you did not have it in close proximity to his crotch? Mr. Derouen: No. Mr. … The fact that it was done as a practical joke and did not intend to inflict actual damage does not render the actor immune.

Shepherd v. Schedler

209 So. 3d 752 · Supreme Court of Louisiana · Jan 27, 2016

That is, jurisdiction, once established, may abate if the case is moot. … One of the well-established exceptions to the mootness doctrine was discussed in depth by this court in State v. Rochon, 11-0009 (La.10/25/11), 75 So.3d 876 .

Parmelee v. Kline

579 So. 2d 1008 · Louisiana Court of Appeal · Mar 13, 1991

The testimony established that the school rule for supervision was not followed for circumcisions. The Felice court stated at 929. … Most states have now abolished the hospital charitable immunity doctrine, as did West Virginia in syllabus point 1 of Adkins v. St. Francis Hosp., 149 W.Va. 705 , 143 S.E.2d 154 (1965).

Lafourche Parish Council v. Autin

648 So. 2d 343 · Supreme Court of Louisiana · Dec 9, 1994

VI, § 5, and does not qualify as a reasonable or a necessary exercise of the state's police power. … VI, § 9(B) so as to qualify as an exception to the prohibition against state interference with home rule discretion. 455 So.2d at 1173 .

Stevens v. Stevens

476 So. 2d 883 · Louisiana Court of Appeal · Sep 25, 1985

It is well established that the provisions of the Louisiana Long-Arm Statute are to be broadly construed to the full extent permitted under due process. Adcock v. Surety Research and Inv. … Based upon this evidence the trial court was not clearly wrong in concluding that the document could not qualify as a sale under Louisiana law. There was no serious consideration. Dixon v.

Newman v. City of Shreveport

962 So. 2d 1075 · Louisiana Court of Appeal · Aug 22, 2007

This provision clearly states that "no public property or public funds shall be subject to seizure." … Louisiana's constitution, while expanding the right to sue, clearly proscribes the seizure of public funds.

Kevin E. Bias v. Louisiana Physical Therapy Board

Supreme Court of Louisiana · Jun 26, 2019

R.S. 37:2404 is limited to establishing the quorum requirements for “meetings” of the Board. … Clearly, the Board’s authority to impose discipline under La. R.S.37:2420 is part of its rightful concern and falls within the scope of the Board’s business. Mr.

Opinion Number

Louisiana Attorney General Reports · Apr 2, 2008

In making such a determination the Police Jury has a duty to "exercise reasonable care in establishing a polling place [ . . .] in a building which affords each qualified voter an opportunity to exercise his right of voting … The police jury must also adhere to the time restrictions on changing a polling place established by La.R.S. 18:534 (B), which provides that a polling place cannot be changed during the period commencing when the qualifying

Marlowe v. LeBlanc

District Court, M.D. Louisiana · Oct 26, 2020

a) Qualified Immunity Standard “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that … was clearly established at the time of the challenged conduct.”

Opinion Number

Louisiana Attorney General Reports · Jun 17, 1996

Additionally, LSA-R.S. 40:391 , cited above, clearly designates the Housing Authority as a "public body corporate and politic". … As an entity created by state statute and established and authorized by resolution of the City of New Iberia, the Housing Authority of the City of New Iberia would qualify at the very least as a special commission under LSA-R.S

Mitchell v. Iolab Corp.

700 F. Supp. 877 · District Court, E.D. Louisiana · Oct 25, 1988

Sec. 813.5(c)(4) provides the general requirements for an exemption “to permit investigational studies of the device by experts who are qualified by scientific training and experience to investigate the safety and effectiveness … That section reads in pertinent part: *879 This section is incorporated by reference into 21 C.F.R. 813.1 et seq and clearly preserves the subject’s legal rights.

Broussard v. Multi-Chem Grp., LLC

255 So. 3d 661 · Louisiana Court of Appeal · Jul 11, 2018

There's issues for potential immune system abnormalities. There's the issue of adverse cardiovascular health consequences in the future. … The trial court qualified Dr. Mitchell as tendered. In presenting Dr.

City of New Orleans v. Robira

42 La. 1098 · Supreme Court of Louisiana · Dec 15, 1890

In this case the presumption, far from having been destroyed, has been established as well founded. … It may be added that it is universally settled that exemption laws, being in derogation of a general rule, must be strictly construed; that whoever claims shelter under them must prove himself clearly entitled to the immunity