Case law

State v. Garcia

108 So. 3d 1 · Supreme Court of Louisiana · Nov 16, 2012

Therefore, it must be remembered that Holloway and its progeny do not simply establish a standard of appellate court review, those eases establish a standard of trial court protection. … defense counsel or, instead, which defendant(s) counsel must refrain from providing qualified capital defense counsel.

Novick v. Textron, Inc.

375 So. 2d 730 · Louisiana Court of Appeal · Sep 11, 1979

He was director of qualify control for that company and a licensed engineer. … Stevens, 3 particularly in that before the appellate court can disturb the type of award made by the trial court here, the record must “clearly ” reveal that the trier of fact abused its discretion in making the award.

State v. Nicholas

319 So. 2d 361 · Supreme Court of Louisiana · Oct 1, 1975

Lubin, a clinical psychologist whom the court qualified as an expert in his field, testified that with the authorization of defendant's attorney, he conducted a psychological evaluation of defendant. … That it was clearly and fully up to him."

Kelly v. Weil

563 So. 2d 221 · Supreme Court of Louisiana · Jun 4, 1990

There is no such qualifier where reference is made, in the first phrase, to the "underlying policies listed in Schedule A." … At least four other instances in this policy clearly show that only the "other insurance" need be "collectible."

Kelley Blue Book Co. v. Louisiana Motor Vehicle Commission

16 La.App. 5 Cir. 281 · Louisiana Court of Appeal · Dec 7, 2016

Clearly, KBB included the free quote button to encourage the sale of motor vehicles between its consumers and advertisers. … The June 26, 2014 Judgment clearly states that it is limited to the “Internet invoice advertising” that occurred “on or around August 5, 2013.”

Wilkin v. Dev Con Builders, Inc.

561 So. 2d 66 · Supreme Court of Louisiana · Apr 30, 1990

Permitting a subrogee to assert a supplier's privilege merely respects the rights established in our codal articles on subrogation. … (emphasis added). [3] We note the surety [now LIGA] may look to the provision of LSA-R.S. 38:2241 which mandates its performance bond to be "a statutory bond" and the surety "shall be immune from liability for or payment

State v. Collins

540 So. 2d 1046 · Louisiana Court of Appeal · Feb 22, 1989

According to the article, evidence qualifies as “newly discovered” if it was not discovered before or during trial, it is available and its late discovery was not due to any lack of reasonable diligence on the part of the … This establishes the essential elements of the crime of simple burglary. LSA-R.S. 14:62. The remaining issue is the identity of the suspect. The instant record does not support Collins’s claim that the eyewitness, Mr.

State v. Morris

770 So. 2d 908 · Louisiana Court of Appeal · Nov 3, 2000

However, as discussed later, defendant was clearly connected to those offenses through circumstantial evidence. … In addition to the testimony of their robbery plans by Green and Molden, Brett Wederstrandt's testimony clearly established that he had the reason and opportunity to commit the robber's features to memory and that he did;

State v. Beason

653 So. 2d 1274 · Louisiana Court of Appeal · Apr 7, 1995

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … The defendants objected to these statements, arguing that they were hearsay and there was insufficient foundation to qualify as excited utterances.

Bizcapital Business & Industrial Development Corp. v. Office of Comptroller of the Currency of the United States

406 F. Supp. 2d 688 · District Court, E.D. Louisiana · Nov 23, 2005

The filing of a SAR is clearly not what plaintiff complains of in its State Court suit. … Firstar Bank, 2005 WL 2346998 (N.D.Ia.2004) (safe harbor provision grants banks immunity from claims based on filing a SAR); and Bank of China v. St. Paul Mercury Ins. Co., 2004 WL 2624673 , 2004 U.S. Dist.

State v. Pierre

2015 La.App. 4 Cir. 0293 · Louisiana Court of Appeal · Mar 23, 2016

Although the State does not clearly identify the provision of Article 579 upon which it relies to establish interruption, the State’s arguments appear to |7implicate both La.C.Cr.P. art. 579 A (2) and (3). … Defendant clearly failed, in this case, to comply with the requirements of La.

Harris v. Browning-Ferris Industries Chemical Services Inc.

635 F. Supp. 1202 · District Court, M.D. Louisiana · May 9, 1986

Thus, La.R.S. 32:79 sets forth the duty of care for a lead vehicle driving on a roadway laned for traffic as follows: Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following … Establishing of speed zones A.

Drefchinski v. Regan

589 F. Supp. 1516 · District Court, W.D. Louisiana · Jun 25, 1984

Drefchinski did not indicate anywhere on the 1040 form that her war tax deduction was qualified in any way. … She cites several cases in an attempt to establish that a war tax deduction is not wholly without legal basis.

Futral v. State ex rel. Department of Public Safety & Corrections

699 So. 2d 1089 · Louisiana Court of Appeal · Jun 23, 1997

Accordingly, we cannot say the finding is manifestly erroneous or clearly wrong. … Accordingly, the FLSA is not implicated under the facts of this case. 11 Nor are we persuaded by plaintiffs’ assertion that under 29 CFR § 541.118 their monthly rate of pay does not qualify as a salary for purposes of the

Hartford Fire Insurance Co. v. Roger Wilson, Inc.

252 So. 2d 161 · Louisiana Court of Appeal · Oct 28, 1971

McClain, however, was neither tendered nor qualified as an expert and he had no first-hand knowledge of what repairs were necessary or effected. … Other articles of our Civil Code clearly contemplate that a lease is valid even though no time is specified.

Moore v. Kenilworth/Kailas Properties

2003 La.App. 4 Cir. 0738 · Louisiana Court of Appeal · Jan 7, 2004

The testimony at trial established that Kailas had received complaints from Dr. … Kailas did not have an established inspection procedure for the units or a service contract with any contractor.

Pelican Point Operations v. CHILDERS CO.

2000 La.App. 1 Cir. 2770 · Louisiana Court of Appeal · Feb 15, 2002

App. 1 Cir. 11/8/96), 682 So.2d 1303, 1306 , where this court observed that while the merits of plaintiffs' claim may pertain to issues of conduct and safety, the issue before the court, namely, whether defendants are immune … Orleans 1937) where the court observed the following: There can be [no] doubt that the jurisprudence of this state is firmly established, beginning with the case of Thayer v.

State v. Dreher

166 La. 924 · Supreme Court of Louisiana · Apr 9, 1928

Dreher had placed his character at issue by calling a number of witnesses to establish it as good in the community in which he lived. … The witness is shown by the evidence to have been fully qualified to answer this question.

United States v. M/V BIG SAM

454 F. Supp. 1144 · District Court, E.D. Louisiana · May 9, 1978

By enacting FWPCA, Congress comprehensively established standards and limits of liability for oil spill cleanup costs. … The purpose of the 1972 Act is clearly to provide a basis on which the United States can obtain a recovery, not eliminate already existing remedies to the government, including those under prior statutes.

State Ex Rel. Porterie v. Smith

184 La. 263 · Supreme Court of Louisiana · Dec 2, 1935

“Plaintiffs show that they have duly qualified and are in possession of their new offices, and allege that the defendants are interfering with them in the discharge of their duties. “In the case of Guillotte v. … In this case the presumption, far from having been destroyed, has been established as well-founded.” (Italics ours.) Rehearing refused. O’NIELL, C. J., adheres to his dissenting opinion.