Case law

State v. Cox

246 La. 748 · Supreme Court of Louisiana · Jun 8, 1964

Our statute is clearly constitutional when measured by the standards set out in the New York Times case to satisfy the First Amendment. … As observed by the footnote in the Marcotte case, however, the holding in the Tate case is now the established jurisprudence of this court. 8 .

Landry's Seafood House-New Orleans, Inc. v. Board of Commissioners

2010 La.App. 4 Cir. 1052 · Louisiana Court of Appeal · Dec 30, 2010

The OLD answered Landry’s petition, filing dilatory exceptions and asserting affirmative defenses including, inter alia, discretionary immunity under La. … clearly wrong.

State, Board of Ethics v. Garriga

182 So. 3d 194 · Louisiana Court of Appeal · Sep 30, 2015

[[Image here]] [Tjhe party on which the burden of proof rests must establish a prima facie case. … After reviewing the entire record, the appellate court may reverse the trier of fact’s findings if there is no reasonable factual basis for such findings, and the record establishes that the trier of fact was clearly wrong

Russell v. McKeithen

257 La. 225 · Supreme Court of Louisiana · Dec 14, 1970

At the time the Guillory decision was rendered, Section 11 of Article V provided: “He [the Governor] shall nominate, and, by and with the advice and consent of the Senate, appoint all officers whose offices are established … Every consideration of public need and public policy upon which the legislation could rationally have been based should be weighed by the court, and the statute should be upheld as being valid and enforceable unless it clearly

State v. Citizen

898 So. 2d 325 · Supreme Court of Louisiana · Apr 1, 2005

As explained by the parish attorney, this system has clearly been an overwhelming success. … Such a solution however, clearly conflicts with the legislative intent of R.S. 15:304. See 1994 La.

Madison v. Richardson

354 F. Supp. 383 · District Court, M.D. Louisiana · Feb 5, 1973

To de *385 termine whether an illegitimate individual qualifies as a “child” for the above actions, section 216(h)(3), 42 U.S.C. § 416 (h)(3) must be applied. … But here, just as in the ‘clearly erroneous’ review of a judge’s findings, when the fact-finder has failed to employ the proper legal standard in making its determination the finding may not stand.”

Bardfield v. New Orleans Public Belt RR

371 So. 2d 783 · Supreme Court of Louisiana · May 21, 1979

the purpose of access to a single installation but used also by residents of the surrounding area, was nevertheless a "public highway" even though "it may be owned by a private corporation and may not have been legally established … However, the plaintiffs' suits against this defendant had been dismissed on the then-prevailing doctrine of sovereign immunity.

Iverstine v. Albemarle Corp.

852 So. 2d 492 · Louisiana Court of Appeal · Jul 2, 2003

He also qualified for Social Security disability payments. In opposition to defendants' exception of prescription, Mr. … Although the OWC judgment states only that "the exception of prescription is granted," under the facts of this case, it clearly effects a dismissal of plaintiff's claim.

State v. Knighton

436 So. 2d 1141 · Supreme Court of Louisiana · May 23, 1983

We have rejected the argument that a jury qualified under the strict requirements of Witherspoon v. … Landry's lack of certification and lack of experience as a qualified expert fingerprint examiner.

Mire v. Mire

734 So. 2d 751 · Louisiana Court of Appeal · Mar 24, 1999

The minor child is now established in school in the New Orleans area and is participating in sports and other extra curricular activities. … This current situation constitutes a material change in circumstances and is clearly in the best interest of the child.

Pete v. State

247 So. 3d 1084 · Louisiana Court of Appeal · May 9, 2018

The court then concluded that the facts clearly established that it was commonplace for trustees to be unsupervised and move freely about the facility. … The testimony clearly established that two guards were supposed to be on duty; however, the presence of one guard, Deputy Singleton, was never proven, leaving only Deputy Newton to supervise the trustees in the yard.

State v. Kifer

186 La. 674 · Supreme Court of Louisiana · Mar 1, 1937

Yet narrow as it is, it is one that the statute has clearly provided against his enjoying. … intended that that course should be pursued, not at the discretion of the commissioners or the clerk or the judge, but as a duty imposed upon public officials, participating, as parts, in the operation of the machinery established

Billups v. Lyons

2001 La.App. 4 Cir. 1654 · Louisiana Court of Appeal · May 29, 2002

The district court established that the credibility of the witnesses on behalf of Couhig was questionable. Mr. Briscoe testified that he did inspect the attic; however, Mr. … Billups maintains that she can no longer qualify as a first-time homebuyer and she will be unable to receive a low interest loan rate due to her damaged credit. Ms.

US Fire Ins. v. W. Monroe Charter Service

504 So. 2d 93 · Louisiana Court of Appeal · Feb 25, 1987

Did appellant establish that the pilot did not have a medical certificate? 2. … Therefore, it was not necessary for the insurer to establish an intent to deceive in order to avoid coverage under the policy.

Jarvis v. Prout

247 So. 2d 244 · Louisiana Court of Appeal · Apr 5, 1971

The postmortem examination established that Mrs. Jarvis died on October 9, 1964, at 7:45 p. m., and the forensic laboratory toxicology report reflected a carbon monoxide level of 40% saturation. … Article 670 is clearly inapposite to this case for two reasons.

Troulliet v. Gray Media Group, Inc.

District Court, E.D. Louisiana · Apr 11, 2023

She argues that natural immunity resulting from a prior infection with COVID-19 is more effective and appears to allege that she had natural immunity to COVID-19. … She argues that Gray pursued its vaccine mandate against religious employees and refused to recognize natural immunity as satisfying its immunization requirement.

Hanover Insurance Co. v. Jacobson-Young, Inc.

294 So. 2d 564 · Louisiana Court of Appeal · May 10, 1974

that the exclusions provided as follows: "This insurance does not apply, under the Garage Liability Coverages: * * * * * * "(g) to property damage to (1) property owned by, rented to or held for sale by the insured, * * *" Clearly … We interpret the clause "None of the following is an insured" as intending to exclude all persons thereafter listed from qualifying as "Persons Insured", even if qualified as an omnibus insured under the first section of

State v. Jackson

629 So. 2d 1374 · Louisiana Court of Appeal · Dec 22, 1993

First, defendant claims the state failed to establish a foundation for its introduction. However, Officer Perry and lab technician Susan Rutledge clearly identified the document and their handwriting thereon. … Earlier, the lab technician established the total weight of the cocaine.

Johnson v. N. ORLEANS CHARITIES BLDG. CORP.

812 So. 2d 741 · Louisiana Court of Appeal · Feb 15, 2002

It is well established that exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively established by the taxpayer. … Here the taxpayer has failed to clearly, unequivocally and affirmatively establish its entitlement to the exemption.

Rhodes v. Schultis

13 La.App. 5 Cir. 663 · Louisiana Court of Appeal · Apr 23, 2014

Plaintiffs to the theory of res ipsa loquitur and then requiring additional proof regarding the chain of custody of the foreign body; and failing to require Defendant to rebut the presumption of negligence after Plaintiffs established … This alleged act of malpractice was clearly presented to the medical review panel.