Case law

Marrogi v. Howard

805 So. 2d 1118 · Supreme Court of Louisiana · Jan 15, 2002

The correctness of our view lies in the facts, alleged and established, in the instant case. … Clearly then, Dr.

Louisiana State Board of Medical Examiners v. Charpentier.

140 La. 405 · Supreme Court of Louisiana · Nov 13, 1916

, or to water-cure establishments. … in his own establishment may be regarded as more responsible than the itinerant vendor.

Board of Comm'rs. of Port of New Orleans v. Splendour S. & E. Co.

273 So. 2d 19 · Supreme Court of Louisiana · Jan 15, 1973

If any of the several states elects to waive its sovereign immunity and consent to being sued as such, it may limit or otherwise qualify such consent...." (Emphasis added.) … Clearly the Court's authority is gained elsewhere than in the constitution, without which it has no authority.

Gibson v. State

758 So. 2d 782 · Supreme Court of Louisiana · Jun 16, 2000

However, prosecutors do not have absolute immunity, although they may have qualified immunity, for their misconduct in fabricating evidence and shopping for a favorable expert witness to establish probable cause for arrest … Furthermore, the United States Supreme Court has recognized that police officers have qualified immunity from 42 U.S.C. § 1983 liability for wrongful arrests. Malley v.

Credit v. Richland Parish School Board

85 So. 3d 669 · Supreme Court of Louisiana · Mar 13, 2012

R.S. 17:439(A) had created a qualified immunity from liability for school board employees for negligent acts of commission but not for negligent acts of omission. The court first cited the language of La. … R.S. 17:439(A) by its very wording excludes qualified personal tort immunity for negligent acts of omission. First, the omission/commission distinction is not set forth in the text of La. R.S. 17:439.

Standard Oil Co. of Louisiana v. Fontenot

198 La. 644 · Supreme Court of Louisiana · Oct 17, 1941

and affirmatively established. … The implied constitutional immunity doctrine was invoked.

Garlington v. Kingsley

289 So. 2d 88 · Supreme Court of Louisiana · Jan 14, 1974

We hold that the Rapides General Hospital and other charitable institutions are not immune from suit in tort and that injured parties proceeding against such institutions need not plead or establish those circumstances which … In each of these a qualified denial of writs was made. [5] 17 Tulane L.Rev. 621, an excellent comment by Robert McLean Jeter, Jr.; 26 Tulane L.Rev. 396; 32 Tulane L.Rev. 138. [6] Mr.

Jones v. Raines

35 La. Ann. 996 · Supreme Court of Louisiana · Oct 15, 1883

. *998 Hence, it is incumbent on plaintiffs to show that their property, herein sought to be exempted, comes clearly within the exceptions under which they invoke immunity from taxation. … But the enumeration, following the copulative conjunction “ and,” indicating the conclusion of an enumeration of distinct subjects, and the use of the word “ other,’1'1 as qualifying the articles of wood contemplated, both

Moore v. RLCC Technologies, Inc.

668 So. 2d 1135 · Supreme Court of Louisiana · Feb 28, 1996

In 1950, this court, and not the Legislature, established tort immunity for the principal. … The term "affiliations" in Section 3 clearly refers to political and religious affiliations.

Danielle Larson v. Xyz Insurance Company

226 So. 3d 412 · Supreme Court of Louisiana · May 3, 2017

Moreover, the phrase “or other equine activity of any type however informal or impromptu” is preceded by the qualifying phrase “[a] ride, trip, hunt.” … Clearly, had the legislature intended to confer a broad, all-encompassing immunity, it could have done so very simply by extending immunity to all “equine activity,” without adding the extensive and detailed definitional

Colonial Pipeline Company v. Agerton

289 So. 2d 93 · Supreme Court of Louisiana · Jan 14, 1974

On May 9, 1962, Colonial, a Delaware corporation with principle offices in Atlanta, Georgia, qualified to do business in Louisiana and has remained qualified since that time. … Additionally the amendment specifies three alternative incidents, one of which, "the doing of business within this state in a corporate form," was not clearly incorporated in the prior statute.

Rabalais v. Nash

952 So. 2d 653 · Supreme Court of Louisiana · Mar 9, 2007

Fire Department qualifies as an emergency vehicle. … In the present case, I find the majority, in contravention of well established rules that strictly construe immunity statutes, extends a governmental immunity to include a vehicle whose use was not necessary to the performance

Carre v. City of New Orleans

41 La. Ann. 996 · Supreme Court of Louisiana · Dec 15, 1889

It is established beyond all possible perad venture that exemptions are strieti juris. Indeed, in order to be entitled to the immunity, the claimant must establish his pretension quite clearly. … court critically analyzed the text and took occasion to say: “The enumeration following the copulative conjunction ‘and,’ indicating the conclusion .of an enumeration of distinct subjects and the use of the word ‘other' qualifying

Arrant v. Graphic Packaging International, Inc.

169 So. 3d 296 · Supreme Court of Louisiana · May 5, 2015

As explained below, we conclude the defendants were entitled to immunity from suits in tort under the LWCA. … The defendants filed, inter alia, exceptions of prescription and a motion for summary judgment asserting immunity from tort under the LWCA.

Fowler v. Roberts

556 So. 2d 1 · Supreme Court of Louisiana · Feb 9, 1990

The literal words clearly cannot be followed, for they say that the government is not liable for abuse of discretion about how to drive a mail truck, and Congress clearly intended that the government should be liable for … That provision does not mandate the Department's establishing policies for allowing waivers.

In Re Raspanti

8 So. 3d 526 · Supreme Court of Louisiana · Mar 17, 2009

This court has recognized the difference between absolute immunity, which defeats a suit at the outset, and qualified immunity, which depends on circumstances and motivations and often must be established by evidence at trial … Respondent’s conduct clearly violated duties owed to the public, the legal system, and the profession.

State v. Rose

125 La. 462 · Supreme Court of Louisiana · Jan 17, 1910

The contention that the words “where intoxicating liquors are made or sold” qualify the word “theater” is without plausibility. … If the words quoted apply to theaters and concert halls, they qualify every other occupation and business mentioned in the statute.

Deumite v. State

668 So. 2d 727 · Supreme Court of Louisiana · Feb 28, 1996

The first limitation, upon the type of land or water bottom covered, was established in Keelen . … The language of this statute clearly gives the DWF the recreational immunity afforded to private landowners by La.R.S. 9:2795(33).

Richard v. Louisiana Extended Care Centers

835 So. 2d 460 · Supreme Court of Louisiana · Jan 14, 2003

R.S. 40:2010.9 clearly provides for civil enforcement of any violation of La. R.S. 40:2010.8 as follows: A. … LECC is a "qualified" health care provider as it qualified pursuant to La.

City of New Orleans v. Board of Com'rs

640 So. 2d 237 · Supreme Court of Louisiana · Jul 5, 1994

Likewise, the drafting history of the local government article as reflected by the transcripts of the constitutional convention debates clearly reflects that the delegates intended to confer a greater degree of immunity upon … defense that appears clearly on the face of the pleading.