Case law

State v. Feeback

414 So. 2d 1229 · Supreme Court of Louisiana · May 17, 1982

In the instant case, the items in question clearly tend to prove the commission of the charged offenses. … Clearly, defendant was not prejudiced by the joinder of the offenses.

Mundy v. Dept. of Health & Human Resources

593 So. 2d 346 · Supreme Court of Louisiana · Jan 17, 1992

When the employer seeks to avail itself of tort immunity under Section 1032, the employer has the burden of proving entitlement to immunity. … The employer contends, however, that the threshold doctrine establishes a more solid showing of "course of employment."

Deshotel v. Guichard Operating Co., Inc.

916 So. 2d 72 · Supreme Court of Louisiana · Dec 20, 2004

Therefore, we find that the lower courts did not err in granting summary judgment, as the legislature clearly intended that employers enjoy statutory immunity for tort claims pursuant to the provisions of LSA-R.S. 23:1032 … It is well-established that Mr. Deshotel's injury and subsequent death are the result of an accident which occurred during the course and scope of his employment for Guichard.

Berg v. Zummo

786 So. 2d 708 · Supreme Court of Louisiana · Apr 25, 2001

not have limited the immunity in La. … The Boot clearly breached that duty by serving alcohol to Zummo, a seventeen year old.

Reymond v. State Ex Rel. Department of Highways

255 La. 425 · Supreme Court of Louisiana · Feb 4, 1970

Natchitoches Parish School Board, 238 La. 388 , 115 So.2d 793 , which had differentiated between waiver •of immunity from suit* and waiver of immunity from liability. … Perkins, whose testimony was designed only to establish that diminution in value, are set aside.

Pendleton v. Barrett

675 So. 2d 720 · Supreme Court of Louisiana · May 31, 1996

The pronouncements of this Court have therefore been consistent: payment by a qualified health care provider of $100,000 to a malpractice victim in settlement of a claim statutorily admits and establishes his liability, and … Stat. 40:1299.44C(5) that "the court shall consider the liability of the health care provider as admitted and established" when there is a settlement payment of $100,000 on behalf of any qualified health care provider, contemplated

Kathleen Welch and Carroll Dewayne Welch v. United Medical Healthwest-New Orleans L.L.C. and United Medical Healthcare Inc.

Supreme Court of Louisiana · Mar 21, 2025

The immunity provision of the Louisiana Health Emergency Powers Act (LHEPA), La. … R.S. 29:771(B)(2)(c)(i) clearly demonstrates the immunity provision is intended to shield health care providers from liability when their conduct is related to or impacted by a public health emergency— which was not the

Guillory v. Interstate Gas Station

653 So. 2d 1152 · Supreme Court of Louisiana · Mar 30, 1995

Clearly, under the undisputed facts, defendants have shown that the injury arose from a non-employment related dispute between plaintiff and her husband. … Therefore, a strong `arising out of' showing was required to establish the relationship between the injury and the employment necessary for entitlement to compensation.

Compagnie Francaise De Navigation a Vapeur v. State Board of Health

56 L.R.A. 795 · Supreme Court of Louisiana · Mar 23, 1899

If an authority was intended to be given to establish maritime quarantine against any place whatsoever, without reference to the existence of disease there, the Legislature would certainly not "•have qualified the noun ‘places … “It is clear that the effect of that adjective is to qualify and make *656 special, what was before general; to limit the number, and, as it were,, to put a badge upon the places against which maritime quarantine can be declared

Domas v. Division of Employment Security of Department of Labor

227 La. 490 · Supreme Court of Louisiana · Feb 14, 1955

We are unable to conceive that the Constitutional Amendment conferred immunity against investigation of or censorship for offenses committed prior to its adoption. … The above quoted section does establish a one-year prescription period, but it clearly applies only to investigations and actions brought before the Commission by persons other than the employer.

State v. Newton

328 So. 2d 110 · Supreme Court of Louisiana · Feb 23, 1976

A statute is presumed to be constitutional, and the burden of clearly establishing unconstitutionality rests upon the party who attacks the statute. State v. Guidry, 247 La. 631 , 173 So.2d 192 (1965); Johnson v. … A statute is presumed to be constitutional, and the burden of clearly establishing unconstitutionality rests upon the party who attacks the statute. State v. Guidry, 247 La. 631 , 173 So.2d 192 (1965); Johnson v.

STATE ETC. v. City of Pineville

403 So. 2d 49 · Supreme Court of Louisiana · Jul 2, 1981

Civil Code establishes the general rule that all personal actions are prescribed by ten years, unless the specific action is governed by some other term of prescription. … The motion for summary judgment was also accompanied by a supporting affidavit in the record, which clearly states that no record can be found indicating that the city obtained the requisite approval.

Benjamin v. Zeichner

113 So. 3d 197 · Supreme Court of Louisiana · Apr 5, 2013

At the hearing on the motion, it was established | sthat Dr. … Shamblin was licensed in both Alabama and Louisiana, and clearly qualified under La. R.S. 9:2794(D)(l)(d) to provide expert testimony. Thus, to require Dr.

Medine v. Roniger

879 So. 2d 706 · Supreme Court of Louisiana · Jul 2, 2004

Miller, who was qualified by the court as an expert in psychiatry and psychopharmacology. Dr. Miller testified to his expert opinion, based on his review of Ms. … Richoux was qualified as an expert in the field of general psychiatry without objection from plaintiffs. Dr.

State v. Whitney Nat. Bank of New Orleans

189 La. 211 · Supreme Court of Louisiana · Jan 10, 1938

Provided, further, that where the said building is owned by a subsidiary corporation, all of the capital stock of which, except directors qualifying shares, if any, are owned by said corporation, shall be considered the same … Under this doctrine the business of operating office buildings would not be immune from state taxation.

Teel v. STATE, DEPT. OF TRANSP. & DEVELOPMENT

681 So. 2d 340 · Supreme Court of Louisiana · Oct 15, 1996

The trial court went on to find that R.S. 9:2800 is an unconstitutional vestige of sovereign immunity in violation of La. Const. art. 12, § 10(A). … The trial court expressly found that "the evidence, although clearly showing that problems existed in the eastbound roadway, is deficient to establish actual or constructive knowledge of a defect ..." [1] The trial court

Sibley v. Board of Sup'rs of Louisiana State University

462 So. 2d 149 · Supreme Court of Louisiana · Jan 14, 1985

all suits, but did assume that sovereign immunity existed in some areas. … These areas were never defined." * * * * * * "One might wonder why the convention did not clearly abrogate all sovereign immunity.

Hutchinson v. Patel

637 So. 2d 415 · Supreme Court of Louisiana · May 23, 1994

Patel's patient pursuant to an express or implied contract establishing a physician-patient relationship. … Subsection A of the statute grants a therapist immunity from liability for breach of confidentiality for warning or taking precautions to protect a clearly identified victim or victims against a threat of physical violence

Ivens & Son Machine Co. v. Parker

42 La. 1103 · Supreme Court of Louisiana · Dec 15, 1890

It is not any capital, any machinery, any property, belonging to the corporation that is entitled to the immunity, but only such as is employed in the manufacture of machinery, etc. … Exemption from taxation is an exceptional privilege which must be clearly and unequivocally established affirmatively. Exemption laws are always strictly interpreted and applied. Doubt is fatal.

Wardens of the Church of St. Louis v. Blanc

8 Rob. 51 · Supreme Court of Louisiana · Jun 15, 1844

The vacancy is supplied as soon as a new curate is appointed and qualified, according to the established doctrine of the Catholic Church; but how, or by whom, we are not judicially informed. … a *87 full participation in the immunities ancl blessings, which such a provision was calculated to afford.