Case law

Brown v. Adair

846 So. 2d 687 · Supreme Court of Louisiana · Apr 9, 2003

Specifically, the Statute makes no mention of and grants no immunity to vocational rehabilitation specialists, whose duty is owed to the injured party, *690 not the injured's employer. [1] It is well established that when … As in Roberts , the instant plaintiff was not employed by the defendants at the time of his accident, the defendants do not qualify as any of the named immune persons in the Statute, and, thus, the defendants are not entitled

Quinones v. US Fidelity and Guaranty Co.

630 So. 2d 1303 · Supreme Court of Louisiana · Jan 14, 1994

The trial court's judgment to the contrary was clearly wrong. … Quinones' immune system, making his death on May 7, 1987 inevitable, even if he had never suffered the debilitating work related accident which resulted in the putrefication of his left foot and leg.

Glasgow v. PAR MINERALS CORP.

70 So. 3d 765 · Supreme Court of Louisiana · Jul 14, 2011

As a matter of plain meaning, “incompetent” is defined as “not qualified to act in a particular capacity.” New OxfoRD American Dictionary 880 (3rd ed.2010). … The fountainhead of tort liability is LSA-C.C. art. 2315; workers’ compensation liability is established by the Louisiana Workers’ Compensation Act, LSA-R.S. 23:1021, et seq. .

Citizen v. Theodore Daigle and Bro., Inc.

418 So. 2d 598 · Supreme Court of Louisiana · Jul 2, 1982

Plaintiff further argues that the Legislature intentionally qualified the phrase "course and scope of employment" with the term "normal", so as to restrict the immunity to those acts by a coemployee which are regularly performed … But it clearly does not fall within the Restatement's definition of an intentional act. Restatement Second of Torts § 8A.

Meyer & Associates, Inc. v. Coushatta Tribe of La.

992 So. 2d 446 · Supreme Court of Louisiana · Sep 23, 2008

Therefore, it does not establish adjudicatory authority over lawsuits filed in tribal courts. … Greer, 481 U.S. 129, 131 , 107 S.Ct. 1671 , 95 L.Ed.2d 119 (1987), for the proposition that Iowa and National established the Exhaustion Doctrine as "an inflexible bar"); Crawford v.

Dennis v. Vicksburg Shreveport & Pacific Railroad

34 La. 954 · Supreme Court of Louisiana · Jun 15, 1882

It .is a principle so universally recognized, that exemption laws must be construed strictly, that the mere announcement of the proposition establishes it. … Its occult or lateral intention not appearing, must be deemed as conducive only to that indulgence or immunity.

City of Monroe v. Louisiana Public Service Commission

233 La. 478 · Supreme Court of Louisiana · Jun 10, 1957

This authority is qualified by the words “except as herein otherwise provided.” … It is argued by the City of Monroe that Section 7 is a grant of immunity from legislative change to the municipalities.

State v. Skinner

10 So. 3d 1212 · Supreme Court of Louisiana · May 5, 2009

constitutional right and therefore, qualified immunity applied. … Absent a showing that the ADA's action in *1218 authorizing the submission of the motion and proposed order to the magistrate violated a clearly established constitutional right, qualified immunity applied.

Champagne v. American Alternative Insurance Corp.

112 So. 3d 179 · Supreme Court of Louisiana · Mar 19, 2013

After reviewing the record and the law, we find the defendants have failed to establish that the Workers’ Compensation Law grants immunity to fellow volunteer members of a volunteer fire company from suits in tort. … After reviewing the record and the law, we find the defendants have failed to establish as a matter of law that the Workers’ Compensation Act grants immunity to a volunteer member of a volunteer fire company from suit in

Meyers v. Flournoy

209 La. 812 · Supreme Court of Louisiana · Mar 18, 1946

Since the object of plaintiff’s suit is to secure an exemption from taxation, the exemption must be clearly established. … It is the uniform and settled jurisprudence of this and other states that an exemption from taxation being an exceptional privilege, it must be clearly, unequivocally and affirmatively established. Hibernia Nat. Bank v.

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

477 So. 2d 1094 · Supreme Court of Louisiana · Sep 18, 1985

Jane Sibley clearly fits within the class of individuals disadvantaged by the statutory classification. … of state immunity.

Williams v. State, Dept. of Health and Hospitals

703 So. 2d 579 · Supreme Court of Louisiana · Dec 2, 1997

XII, § 10(A)] clearly intended that the state not be afforded substantive defenses, unavailable to private litigants, based simply on its governmental status. Chamberlain, 624 So.2d at 886 . … R.S. 49:1299.39 does not violate Section 10(A) in the present case, the majority relies on the following language in the Chamberlain decision: "In prohibiting immunity from liability as well as from suit, the framers clearly

Borel v. Young

989 So. 2d 42 · Supreme Court of Louisiana · Aug 29, 2008

Clearly, the 1987 legislative amendments to La.Rev.Stat. 9:5628 were not intended to change the law. … Rev.Stat. § 9:5628 establishes a peremptive time period. Because plaintiffs' action against Dr.

Dana Johno v. John Doe

218 So. 3d 1004 · Supreme Court of Louisiana · Dec 6, 2016

In this appeal, the District Court declared the immunity statute at issue, La. … Indeed, 2006 La Act 545 established a new rule, making it substantive under the definition set forth by this court in Manuel [v. La. Sheriff's Risk Mgmt.

State v. Harvey

159 La. 674 · Supreme Court of Louisiana · Jul 13, 1925

and equal protection of the law, in violation of section 9, article 1, of the state Constitution, and in violation of the Fourteenth Amendment to the federal Constitution; that he was singled out and denied the right of establishing … The objection was made by counsel for defendant that the witness had not qualified as an expert.

Socorro v. City of New Orleans

579 So. 2d 931 · Supreme Court of Louisiana · Jun 13, 1991

The recreational immunity statutes therefore do not afford immunity to the City. 2. … That statute grants governmental units qualified immunity from liability "based upon the exercise or performance or the failure to exercise or perform their policy-making or discretionary acts." LSA-R.S. 9:2798.1(B).

Moak v. Illinois Cent. R. Co.

631 So. 2d 401 · Supreme Court of Louisiana · Jan 14, 1994

(emphasis added) On the other hand, "a writing" may be immune from discovery under La.Code Civ. … Thus, even if Article 1424's qualified immunity for trial preparation writings were to be applicable to tangible things such as film, it is worth noting that the absolute protection traditionally afforded attorney work product

Kennedy v. Sheriff of East Baton Rouge

935 So. 2d 669 · Supreme Court of Louisiana · Jul 10, 2006

immunity to peer review committees, we expressly drew on the jurisprudence regarding the conditional or qualified privilege to interpret the statutory provision. [15] Adopting the knowing or reckless disregard for the truth … Never favored in our law, a malicious prosecution action must clearly establish that the forms of justice have been perverted to the gratification of private malice and the willful oppression of the innocent. Johnson v.

Milbert v. Answering Bureau, Inc.

120 So. 3d 678 · Supreme Court of Louisiana · Jun 28, 2013

and who have not qualified under the MMA. … by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person’s identify is not known or reasonably ascertainable.”

Herrin v. Perry

254 La. 933 · Supreme Court of Louisiana · Dec 19, 1969

We find that the accident occurred in Willie Herrin’s lane of traffic. “ * * * the driver of an automobile involved in a collision in the wrong lane of traffic is presumed to have been negligent and bears the burden of establish … “No vehicle shall be driven to the left side of the center of the highway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic