Case law

Tharpe & Brooks, Inc. v. Arnott Corp.

406 So. 2d 1 · Louisiana Court of Appeal · Oct 12, 1981

However, the witness' familiarity with his brother's signature was sufficiently established; the signature was adequately identified. … This testimony was clearly hearsay; the trial court was correct in sustaining the objection.

WORLD TRADE CENTER v. All Taxpayers

908 So. 2d 623 · Supreme Court of Louisiana · Aug 25, 2005

It is well settled that statutes are presumed constitutional unless fundamental rights, privileges and immunities are involved. … It must be shown clearly and convincingly that it was the constitutional aim to deny the legislature the power to enact the statute in question.

Socialist Workers Party v. Hardy

480 F. Supp. 941 · District Court, E.D. Louisiana · Aug 5, 1977

However, section 359(9) clearly requires either knowing membership in a subversive organization or actual commission of illegal acts for one to be a subversive person. … Using this principle, the Court has established the basic guidelines under which a state may regulate or inquire into association with groups having illegal purposes: “Employment [and by extension, access to the ballot] may

State v. Moore

432 So. 2d 209 · Supreme Court of Louisiana · Apr 4, 1983

We find Enmund clearly distinguishable from the instant case. … A "death qualified" jury cannot constitutionally impose or recommend a death sentence. cf. Witherspoon v.

Durand v. Richard

5 La. App. 590 · Louisiana Court of Appeal · Jan 7, 1927

His surviving wife, as widow in necessitous circumstances, qualified as administratrix of his estate, and in due course *593 of administration received from it the sum of $791.00. … When under such circumstances, they fail to furnish the evidence clearly within their power all the presumptions of law are against them.”

Turner v. Kansas City Southern Railway Co.

622 F. Supp. 2d 374 · District Court, E.D. Louisiana · May 19, 2009

Yet, the Court finds all of these exhibits qualify as admissible hearsay pursuant to Rule 803(6) of the Federal Rules of Evidence. … of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record or data compilation, all as shown by the testimony of the custodian or other qualified

State v. Veal

583 So. 2d 901 · Louisiana Court of Appeal · Jun 27, 1991

James died of acquired immune deficiency disease, he was truly unavailable as a witness and the provisions of Louisiana Code of Evidence Article 804(A.)(4) apply. [1] A police officer, in explaining his own actions, may refer … The record clearly reflects sufficient compliance with La.C.Cr.P. art. 894.1, and that the trial court did not abuse its sentencing discretion. This assignment of error is without merit.

Skinner v. W. T. Grant Co.

1 B.R. 484 · District Court, E.D. Louisiana · Apr 12, 1979

Rodman was qualified as trustee of the bankrupt estate of Grant and since that date has acted in that capacity. … Section 115 of the Consumer Credit Protection Act, provides for a qualified immunity under the act for assignees of an original creditor’s accounts tainted with alleged violations of Truth in Lending: Except as otherwise

AE Landvoigt, Inc. v. LOUISIANA STATE EMP. RETIREMENT SYSTEM

337 So. 2d 881 · Louisiana Court of Appeal · Dec 3, 1976

It is conceded that Appellant has not qualified to do business here. … Appellant has failed to establish loss of profits with that degree of certainty legally *887 required.

Opinion Number

Louisiana Attorney General Reports · Sep 1, 1993

R.S. 23:101 (5) requires that the licensee of a private employment service business owned by a corporation must own at least 10% of the stock of a such corporation or whether an officer or director of such corporation may qualify … This conclusion follows from the respective spheres of corporate influence established by Louisiana laws on corporations.

Al Johnson Const. Co. v. Pitre

734 So. 2d 623 · Supreme Court of Louisiana · May 18, 1999

The evidence further established that 50.43% of Pitre's Social Security account had been funded by his contributions, [3] and that 49.57% of the account had been funded by the contributions of all of his employers, of which … In Garrett , we concluded that the Legislature, by not expressly qualifying the term "disability benefits plans" either as limited to private disability benefit plans or as including Social Security disability benefits, intended

Greer v. State, ex rel. Department of Transportation & Development

6 La.App. 3 Cir. 417 · Louisiana Court of Appeal · Oct 4, 2006

that the fact finder is clearly wrong or manifestly erroneous. … These photographs clearly depict a large hole in the trunk of the sister tree, as well as a hole between the sister tree and the fallen tree.

Bates v. Edwards

294 So. 2d 532 · Supreme Court of Louisiana · Apr 5, 1974

Judge Jameson clearly recognized that two methods of calling a constitutional convention are possible. … The Enabling Act does not, by its language, pretend to establish for all time the manner in which this new state should govern itself.

Walker v. Travelers Indemnity Company

289 So. 2d 864 · Louisiana Court of Appeal · Feb 6, 1974

The seaworthiness of the "Bon Conge" before it sank was established by the uncontroverted testimony of the plaintiff. … But this testimony was qualified by plaintiff to the effect that he was also told that it might last as little as five years, especially if used in the salt water of the Gulf or in excessively sandy waters.

State v. Leonard

915 So. 2d 829 · Louisiana Court of Appeal · Apr 27, 2005

The Supreme Court clearly states, "not all hearsay implicates the Sixth Amendment's core concerns." … The report simply established that Mr. LeDeaux was shot three times and that he died almost instantly from those gunshot wounds. In this regard, Dr. Cramer's report and Dr.

Joseph Allen, Steven Ayres, Ashley Hurlburt, Rory Kevin Gates, James Howard, Demarcus Morrow, Rodney Waller, Keith Arcement, Frederick Bell, Genaro Cruz Gomez, Sam Ybarra, Michael Carter and James Park on behalf of themselves and all others similarly situ v. John Bel Edwards, in his official capacity as Governor of the State of Louisiana, Zita Jackson Andrus, Chris L. Bowman, Flozell Daniels, Jr., Thomas D. Davenport, Jr., Patrick J. Fanning, W. Ross Foote, Katherine E. Gilmer, Michael C. Ginart, Jr., Frank H

Louisiana Court of Appeal · Mar 12, 2021

Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982), the United States Supreme Court articulated a new objective standard with regard to the qualified immunity defense, stating that government officials … performing discretionary functions generally are shielded from liability for civil damages, unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known

Advantage Personnel & Louisiana Safety Ass'n of Timbermen v. Cleave

2013 La.App. 1 Cir. 1618 · Louisiana Court of Appeal · May 2, 2014

University, 01-0242 (La.App. 1 Cir. 3/28/02) , 819 So.2d 1059, 1065 (finding that Section 23:1102B’s consent and forfeiture provisions did not apply to a settlement with a party who was entitled to workers’ compensation immunity … the finding is clearly wrong.

State v. Roy

496 So. 2d 583 · Louisiana Court of Appeal · Oct 15, 1986

This article does not affect the right to challenge for cause, a juror who is not qualified to serve. The defendant has the burden of establishing fraud or some irreparable injury in the jury selection process. State v. … However, sentencing under either of the above provisions was improper since the evidence at trial clearly established the elements of simple escape only under R.S. 14:110 A(1); i.e., escape from the custody of Trooper Guidry

Lupberger v. Lupberger

805 So. 2d 264 · Louisiana Court of Appeal · Dec 5, 2001

Lupberger could not establish what loan this one was to repay and the testimony at trial demonstrated that Mrs. … Lupberger's future service as the chairman and president of Middle South Utilities, that when computing retirement benefits under the non-qualified retirement plans that Mr.

Norfleet v. LIFEGUARD TRANSP. SERVICE, INC.

934 So. 2d 846 · Louisiana Court of Appeal · May 17, 2006

After the factfinder establishes negligence, the amount of liability of each tortfeasor relies upon the doctrine of comparative fault when litigation involves multiple tortfeasors. La. … all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity