Case law

State v. Hearold

603 So. 2d 731 · Supreme Court of Louisiana · Jun 29, 1992

The hearsay testimony by Officer Benjamin about information received from an out-of-court declarant served no other purpose than to show by improper evidence that defendant was a drug dealer and was thus clearly inadmissable … The court of appeal correctly held this statement was inadmissible hearsay evidence that did not qualify under the co-conspiratory exception to the hearsay rule. Nevertheless, that statement did get before the jury.

NEW ORLEANS ELECTRICAL JOINT APPRENT. AND TRAINING COMMITTEE v. Crawford

7 La.App. 5 Cir. 964 · Louisiana Court of Appeal · May 27, 2008

The Committee is an unincorporated association established in Jefferson Parish. … The program was instituted to provide training for qualified individuals to learn the trade of electrician.

LOUISIANA UNITED BUSINESS ASS'N v. Bridges

917 So. 2d 10 · Louisiana Court of Appeal · Jun 10, 2005

These uncontradicted figures establish that from September of 2001 until the time of his death, Mr. … On the issue of penalties and attorney fees, the employer's own records clearly reflected that John L.

State v. Lee

2016 La.App. 4 Cir. 0049 · Louisiana Court of Appeal · Apr 26, 2017

Beighle/s testimony is established by the expert’s documentation of the process he used to reach his conclusion. … The Court continued: Even assuming the prosecutor exceeded the bounds of proper rebuttal argument, the trial court clearly acted within its discretion when it denied the mistrial motion.

Edi v. Mit

917 So. 2d 1168 · Louisiana Court of Appeal · Nov 29, 2005

Both parties point to the contract between them as evidence to establish or *1172 defeat personal jurisdiction. … MIT's affidavit clearly stated that its technology office did not advertise or promote the sale or licensing of its technologies in Louisiana.

Livingston Parish Council on Aging v. Graves

105 So. 3d 683 · Supreme Court of Louisiana · Dec 4, 2012

This amendment clearly shows the historical interplay between subsections B and C of La. R.S. 38:1428. … Clearly, the levy authorized by La. R.S. 33:9002 was not confined to the 1977 tax year.

State v. High

116 La. 79 · Supreme Court of Louisiana · Jan 15, 1906

The evidence does not establish positively what the district attorney did say, or that he did any more than admonish the jury of their duty to bring in an unqualified verdict, should they find the accusation proved, and no … The contention is that the indictment has made the mistake of qualifying the wrong thing—the intent, instead of the act.

Menard v. Lafayette Insurance

9 La.App. 3 Cir. 0029 · Louisiana Court of Appeal · Jun 3, 2009

Aiken should be allowed to qualify as an expert and testify on behalf of the defendants. Her primary complaint is that the hearing would have shown that Dr. … Trotter, 04-482 (La.App. 3 Cir. 9/29/04) , 883 So.2d 1128 , unit denied, 04-2692 (La.2/18/05), 896 So.2d 31 The record establishes without dispute that Ms.

Crandell v. Cain

421 F. Supp. 2d 928 · District Court, W.D. Louisiana · Aug 25, 2004

That evidence (the State now concedes) established a prima facie case under Castaneda (the relevant “clearly established Federal law”) and its progeny, and the State presented no evidence (in the State court proceedings) … Johnson, 138 F.3d 1007, 1012 (5th Cir.l998)(counsel need not pursue an issue that “would have been futile in light of existing state law and the right was not clearly established under federal law”); Lucas v.

Magbee v. Federal Express

12 La.App. 3 Cir. 77 · Louisiana Court of Appeal · Dec 12, 2012

Driver may be subject to SPE certificate if otherwise qualified.” Dr. Hernandez marked that there was no extremity-limb impairment, with the qualifying comment concerning Mr. … It is implicit in the language “earning capacity is established pursuant to La.

DeRosier v. South Louisiana Contractors

583 So. 2d 531 · Louisiana Court of Appeal · Jun 26, 1991

The evidence clearly establishes that plaintiff never turned to see if there was any traffic travelling in the eastbound lane, nor did she stop or slow down at the yield sign. Mr. … The medical evidence established that plaintiff is prone to such outbursts.

Buisson v. Huard

106 La. 768 · Supreme Court of Louisiana · Nov 15, 1901

Complete immunity is confined to cases where the public service or the due administration of justice require it. … public do not require that the speaker should be freed from all responsibility, but merely requires that he should be protected so far as he is speaking honestly for the common good, in these the privilege is said to be qualified

Titus v. IHOP RESTAURANT, INC.

25 So. 3d 761 · Supreme Court of Louisiana · Dec 1, 2009

Justice. 1 [ {We granted certiorari in this case to determine whether a defendant insurance company’s payments, pursuant to the no *763 fault medical payment coverage provision in a commercial general liability policy, qualified … The record demonstrates *767 clearly that the Plaintiff was not “lulled” into inaction, since he did actually file his lawsuit within the prescriptive period.

State v. Battieste

597 So. 2d 508 · Louisiana Court of Appeal · Mar 6, 1992

The state may prove a defendant's guilt by establishing that he was a principal in the crime. … The testimony of Kilcrease and Guidry established that the latent fingerprint lifted from one of the broken pieces of the mirror was defendant's fingerprint.

Scott v. Red River Waterway Commission

926 So. 2d 830 · Louisiana Court of Appeal · Apr 12, 2006

Sureties and contractors executing payment bonds for public works contracts under this Part shall be immune from liability for or payment of any claims not required by this Part. D. … Nevertheless, that contract, which was between Plaquemines and Continental, established a legal suretyship in the City's favor governed under the Public Works Act as explained by the foregoing jurisprudence.

State v. Sonnier

379 So. 2d 1336 · Supreme Court of Louisiana · Jan 28, 1980

Finally, the defendant claims that the "dry run" voir dire clearly established that prospective jurors were either prejudiced or influenced by the pre-trial publicity and had already formulated conclusions of guilt. … The evidence clearly established that the two brothers were armed with a dangerous weapon when they approached the victims' vehicle and confiscated the driver's licenses of the young couple.

Body by Cook, Inc. v. State Farm Mut. Auto. Ins. Co.

355 F. Supp. 3d 533 · District Court, E.D. Louisiana · Nov 16, 2018

, despite its many attempts to contract with State Farm, State Farm has "refused to contract with Plaintiff[ ] but ha[s] continued to contract with-and make itself available to contract with-similarly situated or lesser qualified … 60 There is no dispute that State Farm sent BBC another letter on March 5, 2014, advising BBC that State Farm was not considering its facility for the Select Service Program at that time. 61 State Farm's letters to BBC clearly

SJ Lemoine, Inc. v. St. Landry Parish Sch. Bd.

527 So. 2d 1150 · Louisiana Court of Appeal · Jun 22, 1988

We do not believe that the proof in this record is sufficient, however, to establish that weather has been shown to be a valid excuse justifying any portion of the claimed delay in performance of this contract. … The trial court's findings of fact and calculations in this area must be upheld unless they are clearly wrong or constitute an abuse of discretion.

Interdiction of F.T.E.

594 So. 2d 480 · Louisiana Court of Appeal · Jan 29, 1992

This opinion was clearly based on F.T.E.’s general condition, rather than specifically on his mental difficulties. Similarly, Dr. … While a limited interdiction of F.T.E.’s person is justified on this record, continued involuntary placement in a nursing facility clearly is not.

State v. Chester

208 So. 3d 338 · Supreme Court of Louisiana · Dec 16, 2016

A finding is clearly erroneous only if it is implausible in the light of the record considered as a whole. … Tucker, 13-1631, p. 52 (La. 9/1/15), 181 So.3d 590, 628 ("Defendant, in essence, argues that his two near misses at qualifying for the categorical prohibitions established in Roper v. Simmons and Atkins v.