Case law

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.

Grant v. Touro Infirmary

254 La. 204 · Supreme Court of Louisiana · May 5, 1969

Since the courts established the doctrine, this Court can now repudiate it. I would do so for the betterment of the law. … We must not fall into error because of prior Court of Appeal cases which have attempted to establish law contrary to the Code.

James Clifford Arrant v. Graphic Packaging International, Inc. C/W Marvin Jack Barnett, Jr. v. Graphic Packaging International, Inc. C/W Kenneth Noel Bain, Sr. v. Graphic Packaging International, Inc. C/W George Emory Butler v. Graphic Packaging International, Inc. C/W W.H. Auttonberrt v. Graphic Packaging International, Inc. C/W Jimmie Dewayne Baugh v. Graphic Packaging International, Inc. C/W Melvin Ellis Bordelon v. Graphic Packaging International, Inc.

Supreme Court of Louisiana · May 5, 2015

“This additional language was clearly intended to reverse the established trend in the jurisprudence to permit coverage for disability which appears to be clearly work-related but does not fit the statutory definition of … As our jurisprudence has long held, if a certain type of injury is not compensable under the LWCA, even though clearly work-related, then it is not subject to the exclusivity provision, and there is no tort immunity.

State v. McCormick

142 La. 580 · Supreme Court of Louisiana · Nov 26, 1917

Defendant moved to quash the indictment on the ground that the statute quoted, in so far as here applicable, is unconstitutional, in that it attempts to abridge, deny, or impair the rights, privileges, and immunities of the … “This power also clearly extends to the regulation or suppression of houses of prostitution,” etc. Id. par. 201.

Guillotte v. City of New Orleans

12 La. Ann. 432 · Supreme Court of Louisiana · Jun 15, 1857

Assuming the title of the ordinance to express clearly it objects, has the Constitution or the Legislature conferred upon the city of New Orleans the right to pass the ordinance? … The ordinance in question having been passed in October, 1856, two questions fairly arise, viz : Is the pow'er to establish the assize and regulate the weight and inspection of bread, a power, right, privilege or immunity

Roberts v. Sewerage and Water Bd.

634 So. 2d 341 · Supreme Court of Louisiana · Mar 21, 1994

The SWB clearly does not fall within any classification of persons that Section 1032 specifically excludes from the category of third persons; therefore, the SWB is a third person and is not entitled to immunity from proceedings … Those powers, duties and functions are set out and defined by La.R.S. 33:4071 et seq., which clearly establish the independence of the SWB with respect to the management of its business or function of providing sewerage,

Landry v. Avondale Industries, Inc.

864 So. 2d 117 · Supreme Court of Louisiana · Jan 30, 2004

C.C. art. 2315 for the first time allowing the recovery for damages for loss of consortium prior to death was clearly a substantive law in that it established a new right of action. Because the amendment to La. … The executive officers claim they are immune because in 1976, immunity was extended to executive officers.

Allen v. EXHIBITION HALL AUTHORITY

842 So. 2d 373 · Supreme Court of Louisiana · Apr 9, 2003

This type of principal may be able to establish statutory employer immunity under a separate theory set forth in R.S. 23:1032: the trade, business, or occupation defense. … In 1950, this court held that the language and purpose of LSA-R.S. 23:1032, when considered with § 1061, established the corresponding tort immunity for principals, Thibodaux v.

Walls v. American Optical Corp.

740 So. 2d 1262 · Supreme Court of Louisiana · Sep 8, 1999

R.S. 23:1032. [5] Because the immunity provision in La. … The language interpreted in Cole from Act 431 clearly established the legislative intent that the Act apply prospectively only. [12] In general, prospective application of new statutes is the rule, with some exceptions allowing

Theriot v. Lasseigne

640 So. 2d 1305 · Supreme Court of Louisiana · Jul 5, 1994

Waguespack, clearly establish that notice as contemplated by La.R.S. 9:2800 was provided to the DOTD. … However, a thorough review of the record establishes that this is not the case. Dr.

Cheairs v. State Ex Rel. DOTD

861 So. 2d 536 · Supreme Court of Louisiana · Dec 3, 2003

Significantly, the Daubert court was clearly not concerned with the issue raised by DOTD herein—whether the expert is qualified solely by education to give opinion testimony concerning a particular matter. … fact unless that finding is clearly wrong in light of the record reviewed in its entirety.

Ducote v. Albert

521 So. 2d 399 · Supreme Court of Louisiana · Mar 22, 1988

Clearly, a private doctor would be liable to Cobb for malpractice. There is no logical reason to treat company physicians differently. … I am disinclined to conclude that this doctor, who practiced medicine full-time at American Cyanamid's plant clinic during hours established by the company, who used the support staff, equipment and supplies furnished by

O'REGAN v. Preferred Enterprises, Inc.

758 So. 2d 124 · Supreme Court of Louisiana · Mar 17, 2000

STAT. 23:1031.1(D), or is given the option to qualify, see, e.g., LA. REV. … LARSON'S, § 67.32, at 12-174. [20] Of course if the employee pursues a claim in tort initially and the employer seeks to avail itself of tort immunity under the Act, the employer has the burden of proving entitlement to immunity

Kirkland v. Riverwood Intern. USA, Inc.

681 So. 2d 329 · Supreme Court of Louisiana · Sep 13, 1996

Despite these policy considerations, the Thibodaux decision, in judicially expanding tort immunity to a principal, also established a liberal interpretive analysis of the central issue of the statutory employment relationship … In my view the majority's test will produce the same result in almost every case as if the Berry test were applied, a result the Legislature was clearly attempting to change.

Hall v. Brookshire Bros., Ltd.

848 So. 2d 559 · Supreme Court of Louisiana · Jun 27, 2003

Hall was clearly wrong; and (8) the amount of damages awarded was excessive. Before this court, the Halls also additionally complain that the jury clearly erred in assessing Mr. Vines with 10% and Mrs. … The responsibility for interest on this amount clearly lies with the health care provider, pursuant to LSA-R.S. 40:1299.42(B)(2) ("A health care provider qualified under this Part is not liable for an amount in excess of

Board of School Directors of Caldwell Parish v. Meridith

140 La. 269 · Supreme Court of Louisiana · Oct 16, 1916

This board of trustees clearly has no proprietary or other interest in the property of the Pine Grove Academy. The several members of the board were merely administrators of the property and affairs of the corporation. … Redditt answered, alleging themselves to be the duly qualified liquidators of the corporation, and denied the right of the plaintiff to ask for a judicial liquidation of its affairs.

Cobb v. Louisiana Board of Institutions

229 La. 1 · Supreme Court of Louisiana · Dec 12, 1955

Nothing is so firmly established, not only in Louisiana but throughout this country, as the doctrine of the State’s immunity from suit in its own Courts without, its consent 1 and further comment would be unnecessary but … This is clearly shown by the opinion of this Court in the Landmark case of State ex rel. Hart v. Burke, 1881, 33 La.Ann. 498 .

City of New Orleans v. Poydras Orphan Asylum

33 La. Ann. 850 · Supreme Court of Louisiana · May 15, 1881

Without such revenues, *853 ■or donations made to it, it is obvious that this institution would fail to accomplish the praiseworthy public object for which it was established. … The old is abrogated by the new law only when the latter is couched in the negative, or so clearly repugnant as to imply a negative.

Orleans Parish School Board v. Williams

312 So. 2d 647 · Supreme Court of Louisiana · Apr 24, 1975

I, now R.S. 17:51) providing for the establishment of parish school boards, pursuant to the mandate of Section 10 of Article 12 of the Constitution, these boards are made subject to suits. … Any restriction on this authority must result from deductions and inferences which are not warranted in view of the unaltered meaning of Section 26 of Article XIX of the Constitution adopted in 1956, which clearly intends

Benson & Gold Chev. v. La. Motor Veh. Com'n

403 So. 2d 13 · Supreme Court of Louisiana · Jun 22, 1981

The language in the paragraph clearly states that the commission " shall endorse the change of location" (emphasis added) on the license. … Midcal Aluminum, supra, in which the United States Supreme Court, after reviewing the opinions cited above, stated: "These decisions establish two standards for antitrust immunity under Parker v. Brown.