Case law

Granger v. Christus Health Central Louisiana

144 So. 3d 736 · Supreme Court of Louisiana · Jun 28, 2013

Granger, 20 clearly 42 U.S.C.A. § 11112 (c)(2) required a post-suspension hearing. … |min determining the applicability of the qualified immunity, a court must engage in a two-step analysis.

Chamberlain v. State, Through DOTD

624 So. 2d 874 · Supreme Court of Louisiana · Sep 3, 1993

We note that this part of Section 10(C), authorizing the legislature to establish procedural rules, does not authorize the establishment of the statutory ceiling on general damages imposed by LSA-R.S. 13:5106(B)(1). … In prohibiting immunity from liability as well as from suit, the framers clearly intended that the state not be afforded substantive defenses, unavailable to private litigants, based simply on its governmental status.

State v. Dominguez

228 La. 284 · Supreme Court of Louisiana · May 23, 1955

Relator’s contention that the return of the fine to him, with the cancellation of the receipt, rendered said payment as constituting a nonpayment in law, therefore void ab initio, is clearly unavailing to him. … . *301 United States, 1951, 340 U.S. 367 , 71 S.Ct. 438 [ 95 L.Ed. 344 ], and to require him to answer if ‘it clearly appears to the court that he is mistaken.’ Temple v. Commonwealth, 1881, 75 Va. 892, 899 .

Smith v. Southern Farm Bureau Casualty Ins. Co.

247 La. 695 · Supreme Court of Louisiana · Mar 29, 1965

Defendant insurer recognizes the husband's immunity from suit by the wife, but asserts that this immunity has no relevancy to its demand for contribution. … By this article the law has established rights and provided for their enforcement between solidary codebtors.

Otero v. Ewing

162 La. 453 · Supreme Court of Louisiana · Nov 2, 1926

not exist, the defendants went outside and beyond the domain of legitimate criticism and committed a very grievous libel on the plaintiff for which they should be held liable, unless, on a final trial, the defendants can establish … “And therefore the law does not justify, under the guise of qualified privilege, a false defamatory statement of specific acts of misconduct concerning a candidate for office.

State v. Bott

31 La. 663 · Supreme Court of Louisiana · Jun 15, 1879

Justice Story said in the Girod will case that, although Christianity is a part of the common law of the State (Pennsylvania), it is only so in this qualified sense, that its divine origin and truth are admitted. … The meaning is, that every citizen shall hold his life, liberty, property, and 'immunities under the protection of the general rules which govern society.”

Castille v. Gallagher

206 La. 904 · Supreme Court of Louisiana · Nov 6, 1944

All that the wife of the interdict'' had to do to qualify for the curatorship at the time when she was appointed and took charge of the estate as curatrix was to take an oath to faithfully fulfill her trust. … Olla State Bank et al., 164 La. 463 , 114 So. 98 , as maintaining that if a tutor moves away from the jurisdiction of the court and establishes a domicile elsewhere he thereby forfeits the tutorship and a judgment removing

Baton Rouge Waterworks Co. v. Louisiana Public Service Commission

156 La. 539 · Supreme Court of Louisiana · Mar 8, 1924

This was the construction placed on the qualifying section or proviso in the case of State v. … Service Commission all local utilities not vested with express power to make rates by compulsion (and this would have included every municipality in the state), the Convention would have readily found language which would clearly

In re Kohn

227 La. 245 · Supreme Court of Louisiana · Feb 14, 1955

by— “So Long As They Engage In Activities On Our Behalf”— and also by Clause 3 on Page 2, which clearly shows that the policy set forth had an important limitation, reading as follows: “Their identities must not be disclosed … Here would be establishment of a vicious precedent that a defendant has the right to poll a grand jury, even when an indictment is returned. There is certainly no provision of the law on this subject.

Fulmer v. State, Department of Wildlife & Fisheries

68 So. 3d 499 · Supreme Court of Louisiana · Jul 1, 2011

Because [Section 10(C) ] does not establish a presently effective limit on the state’s liability but allocates the power to enact one “by law” to the legislature, we find the provision not self executing. … The entire provision added in the 1995 amendment was clearly to reaffirm that workers’ compensation was meant to be exclusive of such rights as punitive damages, but any exceptions to the exclusivity which have already been

Darville v. Associated Indemnity Corporation

323 So. 2d 441 · Supreme Court of Louisiana · Dec 18, 1975

Williams, 300 So.2d 848, 849 , (La.App. 4th Cir. 1974), set aside and remanded 312 So.2d 647 (La.1975), stated: We preliminarily note that the judicially-established doctrine of sovereign immunity from liability and from … This case clearly falls within the same category. In the instant case, the First Circuit Court of Appeal has misunderstood our holding in Splendour .

Chrysler Corporation v. City of New Orleans

238 La. 123 · Supreme Court of Louisiana · Jun 25, 1959

. * * * That the following words, terms, and phrases when used in this Ordinance have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning. … In other words, the word “use” in the New Orleans ordinance is qualified by the phrase “incident to the ownership thereof”.

Gauthier v. O'BRIEN

618 So. 2d 825 · Supreme Court of Louisiana · Jun 1, 1993

unfair and flies in the face of well established and jurisprudentially approved principles of the Louisiana workers' compensation scheme. … In fact, the last sentence of the article suggests that fault will be allocated to immune employers and clearly precludes the imposition of solidary liability among joint tortfeasors resulting from the insolvency, inability

Jones v. Thomas

426 So. 2d 609 · Supreme Court of Louisiana · Jan 10, 1983

only a jurisprudentially established immunity) and to employees of employers and principals, except for "liability, civil or criminal, resulting from an intentional act". [2] This court has held, in accordance with our perception … We conclude that since the first paragraph of La.R.S. 23:1032 provides clearly a rule of general tort immunity under which liability for all nonintentional acts falls within the purview of the compensation act, the second

Rodriguez v. Louisiana Medical Mut. Ins. Co.

618 So. 2d 390 · Supreme Court of Louisiana · May 24, 1993

In the process, the substantive caps and discreet procedures established by the Legislature were particularly detailed. … A second principle is when a statute grants immunities or advantages to a special class against the general public, i.e., when the Legislature grants such rights, powers, privileges, immunities, or benefits against the general

City of Gretna v. Bailey

141 La. 625 · Supreme Court of Louisiana · May 14, 1917

It goes without saying that a license tax must be uniform on every occupation or business within the same grade and classification established by the statute levying the license tax. … parish, unless that authority was withdrawn from the parish by the Legislature; but the constitutional authority of the Legislature to control the territorial limits of the parochial authority to levy taxes and licenses was clearly

City of Shreveport v. Schultz

154 La. 899 · Supreme Court of Louisiana · Dec 3, 1923

In comparison with furniture stores, dry goods stores, and clothing stores, and perhaps many other establishments, it is difficult to imagine why a junk dealer’s establishment should be proscribed as an extraordinary danger … Immunity granted to a class, however limited, having the effect to deprive another class, however limited, of a personal or- property right, is just as clearly a denial of equal protection of the laws to the latter class

Sewell v. Doctors Hosp.

600 So. 2d 577 · Supreme Court of Louisiana · May 26, 1992

The Legislature originally defined malpractice principally as any unintentional tort based on health care or professional services which were rendered or should have been rendered by a health care provider to a patient, clearly … La.Civ.Code art. 2322.1, purporting to provide immunity to health care providers from certain strict liability, was added in 1981. [6] Thus, a health care provider's liability may arguably be included under the Act when a

Landis v. Moreau

779 So. 2d 691 · Supreme Court of Louisiana · Feb 21, 2001

There was no intent on the part of the legislatures *695 to qualify, in any way, the right of access. [citations omitted]. … Moreover, the privilege created by the work product doctrine is qualified, not absolute. Id.

State v. Fernandez

39 La. Ann. 538 · Supreme Court of Louisiana · May 15, 1887

The principle is established beyond question, that whoever claims an exemption or immunity from the operation of a general law, must prove it with certainty, as exemption laws must be construed strictly. … However liberally construed be the exemptions enumerated in Section 3 of the act, they cannot be legitimately stretched so as to extend the immunity to grocery establishments in public markets.