Case law

Twin B. Casinos, Inc. v. State ex rel. Louisiana Gaming Control Board

2000 La.App. 1 Cir. 1681 · Louisiana Court of Appeal · Sep 28, 2001

The licensing requirements ensure the integrity of the industry, assure public confidence in the ability of the Division to sufficiently regulate the industry, and | n exclude those persons who are not qualified to engage … The state’s interest in regulating its gaming industry is legitimate, and the licensing scheme clearly and rationally promotes that interest. Payne, 925 F.Supp. at 423 .

Widow & Heirs of Simonin v. Czarnowski

47 La. Ann. 1334 · Supreme Court of Louisiana · Jun 3, 1895

Simonin may not have known the “ name ” of the particular attorney who conducted the proceeding, and neither employed him herself nor gave others power to do so, we think it established that she was aware that the succession … It can scarcely, we think, be asserted, after a tutrix and under-tutor had been qualified, that the administration was a “pure simulation.”

Opinion Number

Louisiana Attorney General Reports · Nov 24, 1997

The Department shall establish further qualifications for economic development zones by rule adopted pursuant to the `Administrative Procedure Act'." [ Emphasis added .] … The Board has never considered a church used primarily as a place of worship and devoid of any commercial business enterprise, to be a qualifying commercial business. We concur with this interpretation.

Council of City of New Orleans v. Morial

390 So. 2d 1361 · Louisiana Court of Appeal · Oct 9, 1980

Process all claims presented by eligible participants for the payment of medical expenses in accordance with the Plan and to pay such benefits if a claim in its judgment qualifies for payment. … Establish claim control procedures and claim administration to the same extent as if benefits were totally insured by the Administrator on a conventional group insurance basis. "P.

Bertrand v. Sandoz

260 La. 239 · Supreme Court of Louisiana · Dec 13, 1971

The hospital thus established at a cost of $892,184 opened with a capacity of 47 beds on May 27, 1957. It was then a three-story structure with only two floors completed. … Indisputably the trust will incur the debt, and trusts are clearly not included within the “subdivisions” intended to be regulated, for they are not named and they are not subdivisions of the State.

State v. Mitchell

163 So. 3d 858 · Louisiana Court of Appeal · Apr 15, 2015

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 … Our review of the trial evidence shows that these elements were clearly proven.

Vermilion Parish School Board v. Conocophillips Company

Louisiana Court of Appeal · Feb 1, 2012

Clearly, Section 16 lands are owned by the State. … The immunity from prescription provision of La.Civ.Code art. 3494(5) clearly applies to “state-owned properties.”

Rodrigue v. Carr

94 La.App. 1 Cir. 1671 · Louisiana Court of Appeal · Aug 16, 1994

After a thorough review and evaluation of the record before us, we conclude that the factual findings of the trial court are not clearly wrong, and the legal determinations made are correct. … Carr contends that the effect of the above ruling is to reverse her conviction and sentence, since if her competency was not properly established, she could not have had a valid trial.

Bank of New York v. Williams

0 La.App. 4 Cir. 1922 · Louisiana Court of Appeal · Aug 22, 2001

asserting that “since March 7, 1983, the Project was and remains exempt from any|sand all ad valorem taxes by virtue of Article VII, Sec. 21(A) of the Louisiana Constitution” because it is owned by a public corporation that qualifies … The documents evidencing the 1983 transaction clearly establish that the liability for these payments was created in the Subordinate Agreement and was imposed only on the Lessee, its successors and assigns, with no provision

State v. Horn

167 La. 190 · Supreme Court of Louisiana · Oct 29, 1928

The trial resulted in a qualified verdict, and he was sentenced to life imprisonment, at hard labor, in the Louisiana State Penitentiary. From the verdict and sentence he appealed. … Matters relating to practice and procedure in the courts, unless regulated by statute or governed by established jurisprudence, are left to the sound discretion of the trial judge.

Theresa Naquin v. Church Mutual Insurance Company, Covenant Christian Academy of Houma, Louisiana, and First Baptist Church of Houma

Louisiana Court of Appeal · Dec 30, 2024

The evidence before the court in this matter clearly established that Naquin was Jani- King' s employee. … the finding is clearly wrong.

State v. Marts

765 So. 2d 438 · Louisiana Court of Appeal · May 31, 2000

At the time of his sentencing in 1998, the latter conviction qualified him for life imprisonment under R.S. 15:529.1 A(1)(b)(ii), as amended by 1995 La. Acts 1245 , § 1. … Marts "clearly and unequivocally declared ... that he wanted to represent himself and did not want counsel ....

State v. Jones

2016 La.App. 4 Cir. 0122 · Louisiana Court of Appeal · Oct 5, 2016

The offenses were clearly “of the same or similar nature.” La. Code Crim. Proc. art. 493.2. Three of the four charges were for the same crime, felon in possession of a Imfirearm. … Finally, the evidence of each gun possession count and the attempted murder count was clearly presented and did not .lead to jury confusion.

In re Medical Review Proceedings of DeBram

2011 La.App. 1 Cir. 0280 · Louisiana Court of Appeal · Aug 27, 2012

(l)(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. … Because a reasonable factual basis exists for the trial court’s findings, we cannot say that the trial court was manifestly erroneous or clearly wrong.

Estate of Nicks v. PAT. COM. FUND OVER. BD.

939 So. 2d 391 · Louisiana Court of Appeal · Jun 21, 2006

By letter dated November 7, 2003, the Board, through Cheryl Jackson, Malpractice Insurance Director, advised plaintiffs that the claim had been received, that certain named providers were qualified providers, and that the … Greenfield, 848 So.2d at 33 . [1] The evidence in the record establishes that all parties had agreed to the appointment of Jack Wellman as the attorney chairman on October 27, 2004.

State v. Rodriguez

569 So. 2d 5 · Louisiana Court of Appeal · Oct 10, 1990

Furthermore, even though Sergeant Jerome Sigur of the Louisiana State Police was qualified by the State as an expert in the field of narcotics investigations, and testified at length about the packaging and sale of cocaine … clear past precedent on which litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed; (2) the merits and demerits must be weighed in each case by looking to the

Jolibois v. Hartford Acc. & Ind. Co.

486 So. 2d 283 · Louisiana Court of Appeal · Apr 9, 1986

The trial court was clearly wrong in not granting defendants a credit for time plaintiff actually worked. … Redding varied from the facts established at trial. We find no merit to this contention.

Cho v. Royal Oldsmobile Co., Inc.

98 La.App. 5 Cir. 527 · Louisiana Court of Appeal · Nov 25, 1998

Cho's losses, were not clearly wrong or manifestly erroneous. … Cho was well qualified to give his opinion regarding the value of the musical equipment. Mr.

State v. Myers

2004 La.App. 4 Cir. 1219 · Louisiana Court of Appeal · Nov 3, 2004

This man clearly thought through what he [sic] going to do for Mr. … Myers fails to establish error and prejudice.

Fireman's Fund Ins. Co. v. Bulliard Farm

915 So. 2d 1014 · Louisiana Court of Appeal · Nov 2, 2005

The burden is on the party seeking reformation to establish, by clear and convincing evidence, that a mutual mistake has occurred. Farmers-Merch. Bank v. St. Katherine Ins. … Bulliard "signed the application clearly showing he did not have crop revenue coverage."