Case law

Opinion Number

Louisiana Attorney General Reports · Nov 21, 2006

You question whether the property qualifies for the exemption provided for under R.S. 56:24 . … Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haynie Corp. v. Larpenter, 583 So.2d 867 (La.App. 1 Cir. 1991) writ denied.

Friendly Finance, Inc. v. Cefalu Realty Invest., Inc.

278 So. 2d 584 · Louisiana Court of Appeal · Aug 29, 1973

This qualified deletion of the parking lot from the R. … The record abounds with evidence clearly establishing *587 that the parking lot was a substantial part of the leased premises here.

Haynes v. Heard

3 La. Ann. 648 · Supreme Court of Louisiana · Oct 15, 1848

The principle upon which these decisions rest is, that the answers objected to were pertinent to the issue, and clearly connected with the facts which the adversary sought to establish; and that the party had the. right to … qualify the answer he was called upon to make, by stating facts which prevented the consoquence of absolute and unqualified answers.

Gros v. City of Thibodaux

116 So. 2d 161 · Louisiana Court of Appeal · Sep 24, 1959

Appellee contends that when the charter is construed or interpreted it clearly gives the Board of Trustees the power to authorize, by ordinance, the appointment, by the Mayor, by the Department Head, or otherwise, including … For example, the City of Thibodaux is empowered under Section 2 to create, establish, abolish, organize as offices, and fix the salaries and compensation of all officers and employees.

Belk v. Montgomery Ward and Co., Inc.

501 So. 2d 1008 · Louisiana Court of Appeal · Jan 21, 1987

Issue No. 1 — Was the jury clearly wrong in not finding the defendant liable? … Was the trial court clearly wrong in accepting the witness as an expert?

Orillion v. Carter

639 So. 2d 461 · Louisiana Court of Appeal · Jun 24, 1994

Trooper Floyd Terrell, was also qualified as an expert in accident investigation. … that the finding is not clearly wrong (manifestly erroneous).

State v. Hagen

136 La. 868 · Supreme Court of Louisiana · Feb 23, 1915

such as chartered towns and cities, or towns and cities voluntarily organized under general incorporating acts, such as exist in a number of the states, and involuntary quasi corporations, such as counties, has been very clearly … The General Assembly may establish and organize new parishes, .which shall be bodies corporate, with such powers as may be prescribed by law. * * * “Art. 278.

Yokum v. 615 Bourbon Street, LLC

977 So. 2d 859 · Supreme Court of Louisiana · Feb 26, 2008

Thus, to qualify for the absolute liability standard, the plaintiff must show that the activity complained of is either "pile driving" or "blasting with explosives." Suire v. … establishing a lease on their property.

Dupre v. Saenger Arts Center, Inc.

508 So. 2d 837 · Louisiana Court of Appeal · May 12, 1987

Expert testimony also established that the stairs in the area of the fall varied in tread width by several inches. At the conclusion of trial, the court ruled in favor of Mrs. … Dupre went to speak with her co-worker, she testified that everything was clearly visible to her when she stumbled.

Ratliff v. STATE EX REL. DOTD

844 So. 2d 926 · Louisiana Court of Appeal · Mar 28, 2003

The district court erred in failing to recognize the separation of powers and/or discretionary function immunity accorded DOTD. H. … The department shall control signal lights and traffic other than parking on highways in the state system established hereby. B.

State v. McQueen

108 La. 410 · Supreme Court of Louisiana · Jul 1, 1902

On the contrary, it clearly establishes that the vision is seriously impaired, and, though the witnesses are unable to state the cause, they testify that the impairment might have resulted from the injury which the defendant … Beyond this, there was no objection made at the time, and no bill reserved, on the ground that the witness, not having qualified as an expert, was undertaking to give expert testimony. Judgment af&rmed.

State v. White

450 So. 2d 648 · Supreme Court of Louisiana · May 14, 1984

Clearly, an expert in drug distribution can give his opinion as to practices about which the average juror would have no competence. … In any event, the improper form was not so prejudicial as to require reversal of the conviction of this clearly guilty party.

Bass v. Retirement Plan of Conoco, Inc.

676 F. Supp. 735 · District Court, W.D. Louisiana · Jan 4, 1988

This is clearly a question of law. No facts relative to this issue are in dispute. C. … Rather, the standard was that established in ERISA for fiduciaries, therefore the issue was one of statutory interpretation.

Holland v. Monroe Police Dept

District Court, W.D. Louisiana · Sep 26, 2024

Here, the Monroe Police Department does not qualify as a juridical person. See Cozzo v. … The decision of when and whether to file criminal charges clearly falls within the scope of a district attorney’s prosecutorial duties protected by absolute prosecutorial immunity. See Imbler v.

State v. Robertson

441 So. 2d 1281 · Louisiana Court of Appeal · Nov 22, 1983

Kirkland was unable to derive the word "serology," she was not qualified to testify on bloodstain analysis. … That foundation can be laid by establishing a chain of custody of the evidence or by visual identification. Once that foundation is established, the weight to be given the evidence is a question for the jury. State v.

Ballard v. Plantation Management Co.

99 So. 3d 16 · Supreme Court of Louisiana · Oct 8, 2012

Ballard failed to present sufficient evidence to establish that she would be able to satisfy her evidentiary burden of proof at trial, the court of appeal opined that “[tjhough Ms. … The nurse experts were clearly qualified to testify and establish the applicable standard of care. See, e.g., Sepulvado v.

Chreene v. Howard C. Prince, Jr. & Rowdy Adventures, L. L.C.

256 So. 3d 501 · Louisiana Court of Appeal · Sep 26, 2018

The policy clearly excludes coverage for any liability Prince may be found to have for Austin's death because such liability arises out of Austin's use or operation of a motor vehicle and/or out of Prince's failure to supervise … Accordingly, Prince's motion for summary judgment on the grounds of immunity from tort liability in accordance with La. R.S. 9:2798.4 was properly denied by the trial court. This assignment of error is without merit.

Ls Huckabay, Md Memorial Hosp. v. Kpmg

843 So. 2d 1186 · Louisiana Court of Appeal · Apr 9, 2003

Based upon our review of this record, we conclude that the trial court was not clearly wrong in finding that the Hospital's suit had not prescribed. … Turnbow used the MUR payment adjustment factor to calculate the DSH for both years because the Hospital qualified under the MUR, as opposed to qualifying under the Low Income Utilization Rate ("LIUR").

Cotten v. COLLECTOR REVENUE

579 So. 2d 499 · Louisiana Court of Appeal · Apr 30, 1991

An exemption being an exceptional privilege must be clearly, unequivocally and affirmatively established. McNamara v. Central Marine Service, Inc., 507 So.2d 207 (La. 1987); Vulcan Foundry, Inc. v. … The trial judge was clearly wrong to find to the contrary.

State v. Anderson

343 So. 2d 135 · Supreme Court of Louisiana · Feb 28, 1977

It was clearly shown that the car was taken from the garage without the consent of the Ford dealer, and defendant was found in possession of the car soon thereafter in Texas. … Defense counsel objected that he had not been qualified as an expert and could not give an opinion on that subject.