Case law

State Ex Rel. Garland v. Guillory

184 La. 329 · Supreme Court of Louisiana · Dec 13, 1935

Defendant filed an exception of no cause or right of action, which clearly presented in the lower court the question of the constitutionality of the act. … seven district courts in New Orleans it may establish more.

In Re: Committee on Bar Admissions Cfn-1791

Supreme Court of Louisiana · Mar 21, 2025

The record further establishes she has demonstrated a significant pattern of dishonesty and lack of candor. … In my opinion, petitioner clearly lacks the requisite character and fitness for admission to the practice of law.

Opinion

Louisiana Attorney General Reports · Nov 8, 2011

XII, § 3, which provides, "[n]o person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law." … opinion, with respect to your concerns regarding transparency of public business, we note the potential application of the Public Records Act to any documents created by the council members during a public meeting which qualify

Rabai v. First Nat. Bank of Gonzales

492 So. 2d 90 · Louisiana Court of Appeal · Jun 24, 1986

A real estate appraiser qualified as an expert, Caleb Mire, testified that the house and lot suffered a 15% diminution in value as a result of its proneness to flood. The house and lot sold for $69,900.00. … Clearly the bank in such a case is not a "manufacturer". Hence, bad faith must be proved. Millspaw, supra .

Ginn v. Woman's Hospital Foundation, Inc.

842 So. 2d 338 · Supreme Court of Louisiana · Apr 9, 2003

R.S. 40:1299.42(D)(5) clearly contemplates a partial settlement between the health care provider and/or his insurer with the plaintiff. … We, in turn, must interpret the language of the statute at issue as clearly written.

Amy LeBlanc Goodson and William R. Goodson, Jr. v. City of Zachary and Jelks Construction, LLC

Louisiana Court of Appeal · Dec 10, 2021

They averred that the City was negligent in numerous respects, including: (I) failing to design or construct a bleacher canopy structure free of vice and defect; (2) failing to hire qualified personnel to design … R.S. 9:2795, Louisiana's Recreational Use Immunity Statute, which affords tort immunity for parks owned by public entities, applied so as to immunize it from liability for 3 plaintiffs

Mitchell v. Popiwchak

677 So. 2d 1050 · Louisiana Court of Appeal · Jun 26, 1996

The evidence does not establish that the waiver in the Act of Sale was brought to the attention or explained to the Mitchells. The Notary did not testify. … The trial court has great discretion whether to qualify an expert witness and has wide latitude whether an expert has the competence, background and experience to qualify. Clement v.

State v. Collins

470 So. 2d 553 · Louisiana Court of Appeal · May 29, 1985

At trial, it was established that defendant had a tatooed cross on his forehead and a gold tooth. … Clearly, the trial judge observed the sentencing guidelines of LSA-C. Cr.P. art. 894.1.

State v. Sterling

41 La. Ann. 679 · Supreme Court of Louisiana · Jul 15, 1889

motion _ to quash tlie indictment, on tlie ground that tlie clerk of the court, who served as a member of tlie jury commission which drew tlie panel from which tlie grand jury finding this indictment, was selected, had not qualified … , for which purpose it was clearly competent. 2.

Del A. v. Roemer

777 F. Supp. 1297 · District Court, E.D. Louisiana · Oct 21, 1991

state has qualified for section 627 incentive funds in a given year, discontinuance of the qualifying programs has no consequence during the year. … The court went on to say that there is no clearly established right to a stable foster home environment. 84 Indeed, the Fifth Circuit rejected such a right in Drummond v.

State v. Williams

615 So. 2d 1009 · Louisiana Court of Appeal · Mar 5, 1993

Thus, the objection was untimely, since the question clearly sought to elicit the witness' response in the form of an opinion or inference. … Defendant argues this testimony was outside the doctor's field of expertise because the doctor was not qualified as an expert in ballistics or forensic science and was not otherwise qualified to testify as to the cause and

Ohman v. Ohman

422 So. 2d 264 · Louisiana Court of Appeal · Nov 2, 1982

We find the appropriate standard of appellate review in custody matters to be clearly stated in Bordelon : This court has clearly stated that in child custody cases, the procedure for appellate review is to give great weight … The witness was qualified and accepted by the trial court as an expert.

Wilson v. Dimitri

138 So. 2d 618 · Louisiana Court of Appeal · Mar 12, 1962

that the very nature of the strong and spontaneous emotions involved herein has provoked, more than usual, conflicting recitations of fact; however, we believe that the evidence adduced in the course of the trial hereof clearly … Given this belief based on reasonable grounds, immunity from liability is not judicially withdrawn because some other reasonable man may have perceived the idea of disabling the assailant instead of shooting him.

In re the Tutorship of Sanches

619 So. 2d 799 · Louisiana Court of Appeal · May 28, 1993

Tutorship by nature takes place of right, but the natural tutor must qualify for the office as provided by law. … However, the statute clearly gives the trial court discretion to determine whether a separate tutor over the property is necessary or in the best interests of the child.

State v. Di Vincenti

232 La. 13 · Supreme Court of Louisiana · Jan 21, 1957

The facts of the case as stated by the trial judge in his Per Curiam clearly disclose this bill is without merit. … ), during which time he had participated in many handbook raids, had attended police school for instruction in this respect and had actually been an instructor on the subject, but that he had been “qualified and accepted

White v. Taylor

5 So. 2d 337 · Louisiana Court of Appeal · Oct 31, 1941

Clearly, plaintiff has stated a cause of action and a right of action. A few days before the case was argued here the plaintiff died. … His widow was qualified as administratrix and has been made party plaintiff instead of her deceased husband.

Community Chest v. Union Mission Ass'n

30 So. 2d 131 · Louisiana Court of Appeal · Mar 27, 1947

This question has been definitely settled by the jurisprudence of our State, and we find that the principle applicable is clearly set forth in the opinion of the Supreme Court in the case of Layne Bowler Co. v. … intent of a specific agreement, has been granted the supervision, administration and control of a particular institution, and, on the other hand, to contend that it is without right to properly staff such an institution with qualified

Glass v. First United Pentecostal Church

676 So. 2d 724 · Louisiana Court of Appeal · Jun 12, 1996

Nonetheless, Joiner struck a balance favoring the religious organization in recognizing a qualified privilege. at 105. … This argument is clearly not within the jurisdiction of the civil courts of this state.

Narcisse v. Continental Ins. Co.

419 So. 2d 13 · Louisiana Court of Appeal · Jul 28, 1982

It was established that the door was made of metal, weighed 112 pounds, [1] and lacked a doorstop or closure. Dr. Louis V. … Testimony as to safety or design of doors would have clearly been outside of his field of expertise, as the trial court correctly concluded.

Opinion Number

Louisiana Attorney General Reports · Nov 7, 2002

A review of pertinent constitutional debates clearly establishes that legislative action was the sole intent of this provision. … that "local governmental autonomy or home rule exists only to the extent that the state constitution endows a local governmental entity with two interactive powers: the power to initiate local legislation and the power of immunity