Case law

State v. Achelles

16 La.App. 5 Cir. 170 · Louisiana Court of Appeal · Dec 21, 2016

Defendant now argues that the trial court abused its discretion in qualifying Mr. … This argument is clearly without merit as evidenced by the trial court’s very thorough reasons for judgment.

State v. Maduell

326 So. 2d 820 · Supreme Court of Louisiana · Jan 19, 1976

In effect, it is asserted, that Louisiana's Constitution imposes a standard more stringent than that established by the jurisprudence. Clearly, at the time of the in-field identification, defendant was not "arrested". … His finding on this fact question should not be reversed unless clearly erroneous.

State v. Papizan

256 So. 3d 1091 · Louisiana Court of Appeal · Nov 2, 2017

Overzealous application of this remedy by the court infringes upon "the societal interest in trying people accused of crime, rather than granting them immunization because of legal error." … To the contrary, it establishes a violation of the defendant's right to due process.

Silk v. Silk

691 So. 2d 97 · Louisiana Court of Appeal · Apr 2, 1997

The decision of the WCHO, in my opinion, is clearly wrong, factually and legally, and should be reversed. Before MARVIN, C.J., and WILLIAMS, STEWART GASKINS and PEATROSS, JJ. ON REHEARING MARVIN, Chief Justice. … The contribution required by the statute is not qualified or limited to a monetary contribution. Neither should the contribution be required to have been made concurrently or closely to the contributing spouse's death.

State v. Ford

37 La. Ann. 443 · Supreme Court of Louisiana · May 15, 1885

The question was clearly inadmissible. The judge did not, by his ruling, deprive the accused of the means of proving a previous engagement to be at that time at the engine house. … The principles contained in these utterances are qualified by counsel as a startling announcement, replete with great danger to the very system of jury trials.

Angelo Iafrate Const., LLC v. STATE, DOTD

879 So. 2d 250 · Louisiana Court of Appeal · May 14, 2004

There was no intent on the part of the legislature to qualify, in any way, the right of access. … Clearly, under established Louisiana jurisprudence, private employees' names and addresses in the custody of a public agency are not afforded constitutional protection when disclosure is sought under the Act.

Coastal Timbers, Inc. v. Regard

483 So. 2d 1110 · Louisiana Court of Appeal · Feb 5, 1986

The evidence clearly establishes that Folse and Regard discussed the possibility of exchanging a lot for the construction work. Folse consulted his accountant, who advised against such a transaction. … First of all, profit is clearly recoverable, as we have already stated. See Houma Armature Works & Supply, Inc., supra; Skains, supra; Brummett, supra.

Cosse v. Allen-Bradley Co.

625 So. 2d 486 · Supreme Court of Louisiana · Feb 4, 1994

Justice Barham dissented, reasoning that the statutory right was absolute: Nothing contained in these statutes qualifies the employer's right to obtain indemnification. … Our opinion clearly looked to the date of plaintiff's injury rather than the date of judgment, stating "[i]n this case, the relevant event (plaintiff's injury) occurred before the January 1, 1990, effective date" of the 1989

Town of Sterlington v. East Ouachita Recreation District No. 1

215 So. 3d 381 · Louisiana Court of Appeal · Jan 27, 2017

It is also possible other EORD teams will qualify for a spot in such Dixie Youth tournaments. … The proposed improvements to the facilities at Osterland are clearly within EORD’s statutory ^authority.

Beck v. Boh Bros. Const. Co.

72 So. 2d 765 · Louisiana Court of Appeal · May 24, 1954

Construction Company, and, without making any allegation as to why Travelers Insurance Company is brought into the case, avers that Travelers Insurance Company is a foreign corporation and is qualified to do and is doing … Boudreaux, La.App., 142 So. 874, 875 , the Court said: "A street thus established by a municipal corporation becomes public property belonging to all in common. * * *" "This street, when thus established, was segregated from

Hebert v. Magnolia Life Insurance Co.

94 La.App. 3 Cir. 1195 · Louisiana Court of Appeal · Mar 1, 1995

The medical evidence establishes that Victoria was diagnosed as HIV positive before the date on which he completed the policy application. … Clearly, these knowing misstatements materially affected the risk assumed by Magnolia Life. Accordingly, the trial court did not err.

Melancon v. Meadow Brook Rehab

3 La.App. 3 Cir. 1255 · Louisiana Court of Appeal · Apr 7, 2004

As such, it argues, the injury was readily apparent and would not qualify for the two-year prescriptive period for delayed-onset injuries. … This is clearly outside the one-year time limit outlined for such claims in La.R.S. 23:1209(A). Accordingly, the workers’ compensation judge erred in denying Health South’s peremptory exception of prescription as to Ms.

Pan American Petroleum Corp. v. Alexander

190 So. 2d 643 · Louisiana Court of Appeal · Sep 27, 1966

is clearly convincing to the court that the interest acquired by Mary Ann Washington at the constable sale of the property of Alma Washington and Otis Washington was acquired by Mary Ann Washington, by agreement, for the … “After the death of Mary Ann Washington, her succession was opened, will probated, and Hobert Alexander qualified as executor.

State ex rel. Attorney-General v. Cheevers

32 La. Ann. 941 · Supreme Court of Louisiana · Oct 15, 1880

The defendant, however, strenuously contends that the facts upon which the State relies to establish his ineligibility would, if verified, justify the charge of incompetency, provided for in article 196, and, consequently … A person may be incompetent to fulfill the office of district judge ; for instance, a qualified citizen and attorney, learned in the law, not chargeable with any offense under article 171, but afflicted with dumbness, deafness

McClanahan v. Lakeside National Bank (In Re RDC Corp.)

88 B.R. 97 · United States Bankruptcy Court, W.D. Louisiana · Mar 22, 1988

Defendant agrees that the payments were preferential transfers described in Bankruptcy Code section 547(b), but maintains that the transfers were immune from the trustee’s avoidance powers under section 547(c)(2) as payments … Ranier (In re Fulghum Construction Corp.), 45 B.R. 112, 116 , 11 C.B.C.2d 1378, 1382-83 (Bankr.M.D.Tn. 1984) (emphasis added) aff’d, 78 B.R. 146 (M.D.Tn.1987). 2 Repayment of a working capital loan clearly diminishes the

State v. Prestridge

399 So. 2d 564 · Supreme Court of Louisiana · May 20, 1981

It was clearly established at trial that Dr. Daigrepont was mentally and physically disabled and unable to testify at the trial of the case. … The defense obtained and presented a qualified medical witness, accepted as an expert by the court.

Duhe v. Texaco, Inc.

779 So. 2d 1070 · Louisiana Court of Appeal · Feb 7, 2001

Each established a price. The price that the "01" code established was paid to most royalty owners. In the ten years following 1988, Texaco had 6,000 or 7,000 productive private leases in Louisiana. … Although this factor is not articulated in Rule 23, it is well-established in federal law and is, likewise, well-established in Louisiana law. See McCastle, 456 So.2d 612 .

Broussard v. Missouri Pac. R.

47 F. Supp. 750 · District Court, W.D. Louisiana · Nov 27, 1942

Kennedy, who, at the time, was the duly qualified agent for service of process of Missouri Pacific Railroad Company, the corporation ; a second, reading in part: “ ‘John W. … Thompson, Trustee, Missouri Pacific Railroad Company, Debtor, through his designated and qualified agent for the service of process in Louisiana, H.

State v. Cardinale

251 La. 828 · Supreme Court of Louisiana · Jan 15, 1968

It was established that the diagram had been drawn by the witness according to the things he had actually seen while he was at the locale. … Defendant urges that the short time taken “clearly indicates a lack of serious deliberation upon a matter so serious as the life or death of the accused, and for this factor alone [this bill] should be the basis of a mistrial

Jordan v. Ryan

95 La.App. 4 Cir. 2259 · Louisiana Court of Appeal · Nov 27, 1996

Before a fact-finder’s verdict may be reversed, the reviewing court must find from the record that a reasonable factual basis does not exist for the verdict, and that the record establishes the verdict is manifestly wrong … wrong based on the evidence, or clearly without evidentiary support.