Case law

In Re Basf Corporation's Exemption Permit

765 So. 2d 1171 · Louisiana Court of Appeal · Jul 31, 2000

This language established the effective date of the amendment as the date of signature by the governor, which was July 3, 1997. … It is well-settled that substantive laws either establish new rules, rights, and duties, or change existing ones, while interpretive laws merely establish the meaning the statute had from the time of its enactment.

State v. Humphrey

445 So. 2d 1155 · Supreme Court of Louisiana · Jan 16, 1984

Catanese clearly did not say that the results of polygraph examinations in and of themselves are sufficient to warrant the granting of a new trial. … experts, extensive procedural safeguards should be established either by court rule or legislation before the introduction of polygraph tests at trial.

Westerfield v. LaFleur

480 So. 2d 973 · Louisiana Court of Appeal · Dec 11, 1985

All of the evidence clearly shows, as the trial court found in its reasons for judgment, “that the child had been moving towards the school bus, but had not yet reached it when she was hit. … Here, plaintiffs contend that as Angie was in the process of entering the school bus there was a physical relationship established between Angie and the bus.

State v. Monk

315 So. 2d 727 · Supreme Court of Louisiana · Jun 23, 1975

Any judge of a court serving according to law is qualified to hear a case. … The evidence clearly establishes the relevancy and chain of custody of these items. Hence, they were properly received in evidence by the trial court. State v.

Whitfield v. East Baton Rouge Parish School Board

43 So. 2d 47 · Louisiana Court of Appeal · Nov 25, 1949

the suit, and we affirmed a judgment of the lower court, maintaining an exception of no cause or right of action, based on the ground that the School Board was an agency of the State and therefore, was subject to the same immunity … In this case, defendant was shown not to have control over the drainage ditch, canal or creek, and the way which the accident happened has been fully established.

State v. Walker

567 So. 2d 581 · Supreme Court of Louisiana · Sep 6, 1990

The officers testified before the grand jury under a grant of immunity obtained by Cicardo. … Clearly, defendant's sixth amendment right to counsel had not attached at the time that Ryland conferred with defendant and the records were delivered.

United States v. Sellers

848 F. Supp. 73 · District Court, E.D. Louisiana · Mar 9, 1994

Under the Congressional scheme, the risk of uncertainty in determining the traceability of proceeds of drug sales is placed squarely on the claimant, once probable cause has been established. … It would be inconsistent with this scheme to immunize from seizure *76 bank accounts or withdrawn funds as to which probable cause exists to believe that they are “traceable proceeds” of drug transactions.

Johnson v. Entergy Corp.

827 So. 2d 1234 · Louisiana Court of Appeal · Sep 20, 2002

The mover has the burden of establishing the absence of a genuine issue of material fact. … Unlike the "clear zone" or "shoulder" of the rural road in the present case, the sidewalk is clearly not intended *1239 for any type of vehicular use. [3] While there is some dispute as to whether driver negligence was the

State v. Hollingsworth

337 So. 2d 461 · Supreme Court of Louisiana · Sep 13, 1976

The Legislature is without power to provide for a qualified verdict which infringes upon the constitutional authority of the Governor to commute sentences. La.Const. art. IV § 5(E) (1974); State v. … I cannot condemn the trial court's failure to follow guidelines of which it was not aware, but neither can I understand the majority's failure to discuss the Gilmore issues which this case clearly raises.

Lee v. Constar, Inc.

921 So. 2d 1240 · Louisiana Court of Appeal · Feb 14, 2006

When there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. Id. … In 2000, all of the employees hired as operators were qualified to operate, troubleshoot and maintain the equipment.

First Nat. Bank v. Carmouche

515 So. 2d 785 · Supreme Court of Louisiana · Nov 30, 1987

The bank's obligation was clearly stated in the letter, and it fully complied with its duty. … NOTES [1] The Letter of Credit reads: Gentlemen: We hereby establish our Irrevocable Letter of Credit in your favor for the account of Terrel J.

McGregor v. HOSPICE CARE IN BATON ROUGE

2009 La.App. 1 Cir. 1357 · Louisiana Court of Appeal · Mar 11, 2010

The plaintiffs were subsequently advised that the Hospice defendants were not qualified with the patient's compensation fund. … Clearly, the medical malpractice claim existed at the time that judgment was rendered in the contract suit, as the medical malpractice claim had already been filed as a separate suit under a different docket number.

State v. Odom

247 La. 62 · Supreme Court of Louisiana · Dec 14, 1964

This evidence, which was not rebutted, is sufficient to establish that the cow was taken or misappropriated in St. Landry Parish. … Since the jury viewed the cow it is difficult to see that appellant was prejudiced but, in any case, the evidence was clearly admissible as Manuel had seen the cow and the brand and, therefore, was fully qualified to testify

Champagne & Rodgers Realty Co. v. Henning

6 La.App. 5 Cir. 237 · Louisiana Court of Appeal · Nov 14, 2006

Smith, Sr.; and that the petitioner desired to be qualified in Louisiana as Administrator of the Succession of James C. Smith, Sr. to administer assets in Louisiana. … First, it will not be applied to “supplant the Code of Civil Procedure provision which clearly permits a reconsideration of the overruling of peremptory exceptions.”

State v. Holland

544 So. 2d 461 · Louisiana Court of Appeal · May 10, 1989

To date the jurisprudence has not accepted the theory that a "death qualified" jury is more likely to convict. State v. … Defendant has made no attempt to establish that the actual jury impanelled was a death qualified jury and that it did not constitute a representative cross-section of the entire community.

Koepp v. Sea-Land Service, Inc.

93 La.App. 4 Cir. 2562 · Louisiana Court of Appeal · Nov 17, 1994

S APPEAL Sea-Land Service, Inc. argues: 1) the plaintiff failed to establish that the SEALAND CONSUMER was the vessel which caused the accident; alternatively, 2) the evidence establishes that the SEALAND CONSUMER was not … In the instant case both plaintiffs' and defendants' experts were qualified and the trial court's reliance on the testimony of plaintiff's experts was a proper exercise of its discretion.

Box v. Sweet

District Court, W.D. Louisiana · Nov 14, 2024

A plaintiff must establish that a prison official “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard for … He has not established that this delay resulted in substantial physical or psychological harm.”).

Cocchiara v. United States

676 F. Supp. 119 · District Court, E.D. Louisiana · Sep 28, 1984

The congressional history, however, clearly indicates that the statute was not designed to liberally circumvent the limitations statute. … Thus, in this case, the taxpayers must establish that the gain from the mineral lease sale was erroneously included in the gross income for tax years 1960-1965.

Reuther v. Seales

2003 La.App. 4 Cir. 1220 · Louisiana Court of Appeal · Feb 18, 2004

The provisions of this transfer will be effected by [sic] qualified domestic relations order. | s(3) Full interest in the State Farm Termination Benefit Bonus, which is payable to LOUIS B. … Instead, included in the written agreement that established Mr. Reuther’s business relationship with State Farm were two compensation provisions that resembled pension plans.

State v. Contreras

247 So. 3d 858 · Louisiana Court of Appeal · May 30, 2018

R.S. 14:31, and qualify as a "crime of violence" pursuant to La. R.S. 14:2(B)(4). … Whether that conviction qualified to establish relator's status as a convicted felon for purposes of R.S. 14:95.1 is discussed below in response to Assignment of Error No. 1. Ga.