Case law

State v. Foster

510 So. 2d 717 · Louisiana Court of Appeal · May 27, 1987

Thus the evidence conclusively establishes defendant is guilty of simple burglary. … As previously noted, the evidence clearly established that defendant committed simple burglary of Live Oak Pharmacy. Therefore, the jury's verdict is set aside; and we enter a verdict of guilty of simple burglary.

Concerned Classified City Employees, Inc. v. Civil Service Commission

2015 La.App. 4 Cir. 0654 · Louisiana Court of Appeal · Jan 6, 2016

contradicts) the express provisions of § 14(B), which mandates that those qualified cities who elect to be governed by Part I are to be so governed permanently “as if this Part had originally applied to it.” … As clearly indicated by the Constitutional Convention debates noted heretofore, Part I originally applied to the City.

Ezernack v. Chief Motor Company

240 So. 2d 417 · Louisiana Court of Appeal · Nov 2, 1970

I fail to see how the cost of insurance coverage qualifies as a finance charge. … The jurisprudence of this State is well established that statutory penalty clauses are to be strictly construed and this legal principle is clearly applicable to the instant case. Harmon v.

Bullock v. Pizza Hut, Inc.

429 F. Supp. 424 · District Court, M.D. Louisiana · Mar 30, 1977

Oral reasons were assigned at that time, and we here reiterate that although we felt that plaintiff established a prima facie case, it was not established by a preponderance of the evidence that plaintiff’s firing was based … This is clearly an inappropriate factor under the law. Brennan v. Prince William Hospital Corp., 503 F.2d 282 (4th Cir. 1974); Hodgson v. Brookhaven General Hospital, 436 F.2d 719 (5th Cir. 1970).

In Re: Kaitlyn Layne Boyd Cobb Applying for Intra Family Adoption of A.E.C.

Louisiana Court of Appeal · Nov 15, 2023

the evidence, has been established. … However, the record clearly demonstrates the mother was persistent in her efforts to communicate with A.E.C. via telephone calls and text messages.

Washington v. Sewerage and Water Board

180 So. 199 · Louisiana Court of Appeal · Apr 4, 1938

such workmen were not their servants, but were servants and employees of the CWA which occupied a relation to the defendants closely akin to that of independent contractor and employer, and that the doctrine which affords immunity … of defendant’s postulation is that, although an employee of a public board is covered by the Compensation Act under the foregoing section, whether the employment is hazardous or not, the proviso which we have italicized clearly

State v. Watson

135 So. 3d 693 · Louisiana Court of Appeal · May 15, 2013

(ii) Possession of Cocaine with Intent to Distribute Watson clearly exercised dominion and control over the cocaine, and possessed it with intent to distribute. … C.E. art. 701 permits a law enforcement officer to express an opinion regarding matters of personal knowledge gained through experience, even if the witness is not first qualified as an expert. State v.

Bondurant v. 3M Company

District Court, E.D. Louisiana · Jul 17, 2019

To qualify for removal under § 1442(a)(1), a defendant must 13 (Rec. Doc. 26, at 6-8). 14 (Rec. … See Winters, 149 F.3d at 398 (“[C]orporate entities qualify as ‘persons’ under § 1442(a)(1).” (citation omitted)). The Defendants have a colorable federal defense under Boyle.

O'Keefe v. City of New Orleans

273 F. 560 · District Court, E.D. Louisiana · Apr 21, 1921

Indeed, the rale goes to the extent that, unless the motion clearly discloses that on the allegations of the bill, which are taken as true, it must be dismissed upon final hearing, the preliminary motion to dismiss must be … due process of law, and in violation of the Constitution of the United States, and particularly the Fourteenth Amendment, which provides that “no state shall make or enforce any law which shall abridge the privileges or immunities

Isleem v. Peacock

District Court, E.D. Louisiana · Aug 21, 2024

Therefore, for the purposes of the INA, inaction qualifies as part of the process under the statute. See id. … A subpoena clearly qualifies under this definition, as there is a threat of being held in contempt of the tribunal. (Id.).

State v. Brown

444 So. 2d 1346 · Louisiana Court of Appeal · Jan 16, 1984

This is also established by the prison record of Calvin Brown, replete with pictures, fingerprints, the social security number, and date of birth of this defendant. … We have found that these items were either clearly admissible or were not objected to. We find these contentions of defendant without merit.

Tatum v. Acadian Production Corporation

35 F. Supp. 40 · District Court, E.D. Louisiana · Sep 28, 1940

As a matter of fact, so far as the record made up on the trial of the motions established, the entire payment and discharge of the consideration of sale has not yet been effected. … and the “limited” or “special” partner is a partner whose status as such is restricted; but in liquidating an insolvent partnership, the only difference between such a partner and a “general” one consists in the former’s immunity

Carroll v. Louisiana Iron Supply Co.

17 So. 2d 650 · Louisiana Court of Appeal · Jan 31, 1944

We feel there is no question as to the fact that the negligence of defendant's employees, engaged in the removal of the pipe, is definitely and clearly established by the record in this case. … It is well established that such a conclusion is not justified either in law or morals.

State v. Williams

252 La. 1023 · Supreme Court of Louisiana · Nov 12, 1968

It does not establish a prima facie case nor does it establish that there was discrimination in the, selection of the grand and petit juries. … The procedure with reference to tales jurors is prescribed by Section 186 of Title 15 of -the Revised Statutes (1928) and requires that the names of 100 persons qualified- to serve be drawn from the general venire box and

English Turn Property Owners Ass'n v. Taranto

2016 La.App. 4 Cir. 0319 · Louisiana Court of Appeal · Apr 19, 2017

Quorum, as discussed below, is more than fifty percent; 377 votes clearly exceeds the number required for a quorum. . … The body of the minutes clearly reflect that the meeting was held on February 11, 2015.

Brazan v. Washington

16 La.App. 5 Cir. 61 · Louisiana Court of Appeal · Jun 14, 2016

Thus, Hallmark asserted, the undisputed facts established that Arabie Trucking did not exercise any control over WHY or Mr. … Thus, under the plain language of the nonowned autos provision, the trailer was clearly “used in connection with” Arabie Trucking’s business at the time of the accident.

Michell v. Louisiana State Board of Optometry Exam.

146 So. 2d 863 · Louisiana Court of Appeal · Sep 24, 1962

Pursuant to this well established principle every consideration of public welfare and public policy upon which the Legislature could reasonably have based such legislation should be considered, and, if the statute in question … is not clearly arbitrary, unreasonable or without adequate basis, it should be upheld as constitutional.

Campbell v. Bradley

7 La. Ann. 371 · Supreme Court of Louisiana · Jun 15, 1852

It is clearly established by the evidence, that Bradley, Wilson Sf Co., on the 3d of June, 1851, through the instrumentality of N. B. Keene, a cotton broker, sold to one Simpson, 734 bales of cotton. … It is against well settled principles, to permit the secret instructions of a party to hi3 agent, to qualify the apparent absolute control and dominion with which he has thought proper to invest him.

LaRocca v. Bailey

799 So. 2d 1263 · Louisiana Court of Appeal · Nov 7, 2001

Bailey argues that business records clearly show a collection of the "PAK" fee on each car sold. It is our opinion that the manner in which Mr. LaRocca and Mr. … Even written reasons for judgment contained in the record are unappealable until qualified within the context of a written, final, and appealable judgment. City of Kaplan v. Mayard, 616 So.2d 826 (La.App. 3 Cir. 1993).

Interdiction of Wright

75 So. 3d 893 · Supreme Court of Louisiana · Oct 25, 2011

Wright established an account with A.G. Edwards & Sons, Inc. (“A.G. | ¡.Edwards”) through one of its investment bankers, Ed *895 win Reardon. Both Mr. Reardon and A.G. … As such, it does not qualify as a “valid and final judgment” under the statute and has no res judicata effect.