Case law

Davisson v. O'Brien

104 So. 3d 467 · Louisiana Court of Appeal · Aug 8, 2012

Her communications were factual and each letter clearly demonstrates her concerns for the child. O’Brien’s conduct was not just competent; it was exemplary. … Andrew’s position on the immunity issue includes: • Immunity shields only those in good faith, and who do not make a statement known to be false or with reckless disregard for the truth.

Strata v. Williams

94 La.App. 4 Cir. 1150 · Louisiana Court of Appeal · Nov 30, 1994

The party challenging the constitutionality of a statute bears the burden of proving clearly that the legislation is invalid or unconstitutional. … The opponent must establish clearly and convincingly that the constitutional aim was to deny to the legislature the power to enact the legislation. Id. at 388 . (Emphasis added).

Williams v. Touro Infirmary

578 So. 2d 1006 · Louisiana Court of Appeal · Apr 16, 1991

We disagree that plaintiffs' participation in Touro's retirement program established a fixed term of employment. Plaintiffs' entitlement to retirement benefits was not a contract for a specific term. … In effect, assertion of a qualified privilege amounts to rebuttal of the allegation of malice.

St. Angelo v. United Scaffolding, Inc./X-Serv., Inc.

2009 La.App. 4 Cir. 1420 · Louisiana Court of Appeal · May 19, 2010

Therefore, it is established that Global Services can clearly contract on ExxonMobil’s behalf as a result of the Master Services Agreement and their general status as a subsidiary of ExxonMobil. … This Court also finds that the July 1, 2004 Amendment to the CSA clearly establishes the application of this statutory employer status to both ExxonMobil and Chalmette Refining, L.L.C.

Annette Beal v. Westchester Surplus Lines Insurance Company

Louisiana Court of Appeal · Dec 15, 2021

App. 1 Cir. 7/18/18), 254 So.3d 714, 722 (concluding that soccer was included within the definition of “recreational 7 purposes” and qualified as a recreational activity); … Once a defendant has established that it is entitled to immunity under La. R.S. 9:2795, the burden of establishing a malicious or willful failure to warn of a dangerous condition shifts to the plaintiff. Richard v.

Catalanotto v. Lifemark Hospitals of Louisiana, Inc.

94 La.App. 5 Cir. 403 · Louisiana Court of Appeal · Dec 14, 1994

In connection with the exception of prematurity, the following was established: St. Jude first became a member of the Fund on January 24, 1989 and is “qualified” as a self-insured health care provider. St. … The burden is on a defendant to prove immunity from suit as a qualified health care provider under the Act. Goins v. Texas State Optical, Inc., 463 So.2d 743, 744 (La.App.4th Cir.1985).

Armand v. Lady of the Sea General Hospital

2011 La.App. 1 Cir. 1083 · Louisiana Court of Appeal · Dec 21, 2011

No civil action against a qualified health care provider or its insurer may be commenced in any court before the claimant’s proposed complaint has been presented to a medical review panel established pursuant to the Act. … The burden is on a defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the Act. Id.

Richardson v. Henderson

651 So. 2d 501 · Louisiana Court of Appeal · Mar 3, 1995

To perform their duty, the police were obligated to enter the home and because the method utilized was not excessive, they were entitled to qualified immunity from civil liability. … Although this circumstance was unfortunate, it does not establish an excessive use of force. This untidy house was used as an illegal bar, i.e. “blind tiger”, cafe and residence.

Lamartiniere v. Allstate Insurance Co.

597 So. 2d 1158 · Louisiana Court of Appeal · Apr 10, 1992

If the defendant shows that the state constitutional right alleged to have been violated was not clearly established, the defendant is entitled to qualified immunity. … Under the above circumstances, the constitutional right in question was not clearly *1163 established and Wilkerson had qualified immunity.

Brown v. Parish of East Baton Rouge

126 So. 2d 173 · Louisiana Court of Appeal · Dec 19, 1960

Natchitoches Parish School Board, 238 La. 388 , 115 So.2d 793 , overrule the jurisprudence established in Clinton v. … from liability vel non from torts committed in the exercise of a governmental function, which has been established by the jurisprudence of this state and holds that such immunity does not exist with respect to municipalities

Marino v. BOH BROS. CONST. CO., LLC

982 So. 2d 887 · Louisiana Court of Appeal · Apr 2, 2008

In its report, OSHA cited 29 C.F.R. § 1926.753 (d)(2)(iii) which provides that when working under suspended loads, all loads shall be rigged by a qualified rigger. … Boh Bros. may have been negligent, as the OSHA citation suggests, but it still receives statutory immunity from La.

Monica Sebble on Behalf of the Estate of Vivian Lee Brown (D) v. St. Luke's 2, LLC D/B/A St. Luke Living Center; Wound Care Associates, LLC; And Bridgepoint Healthcare La, LLC D/B/A Bridgepoint Continuing Care Hospital

Louisiana Court of Appeal · Mar 6, 2023

R.S. 29:771 reflects that the legislators fully intended this to be an immunity statute.25 La R.S. 29:771(B)(1) clearly delineates 25 At the time of the alleged malpractice, La R.S. 29:771 provided, in pertinent part: … Rather, Bridgepoint may assert the qualified immunity found in La.

Neuburger v. State ex rel. State Department of Highways

162 So. 2d 183 · Louisiana Court of Appeal · Mar 2, 1964

Whether the person so authorized qualifies as “tutor” or “administrator” should make no difference. … A motorist, travelling by night, is not required to guard against striking an unexpected or unusual obstruction *186 which he could not anticipate would be encountered on the highway, unless the same were clearly marked,

Walls v. State

670 So. 2d 382 · Louisiana Court of Appeal · Jan 31, 1996

Clearly, the district attorney's evaluation of the evidence and his decision to proceed with the prosecution in this case were in preparation for judicial proceedings and within his role as advocate for the state. … Pachtman, 424 U.S. 409, 424 , 96 S.Ct. 984, 992 , 47 L.Ed.2d 128 (1976), the Supreme Court stated: If a prosecutor had only a qualified immunity, the threat of § 1983 suits would undermine performance of his duties no less

Brenda Lewis v. City of Bastrop

Louisiana Court of Appeal · Sep 25, 2019

The trial court found him qualified as an expert in these fields. 6 left unaddressed” or that there was “any kind of malice or intent in that way.” … Once a defendant establishes that it was entitled to immunity under La. R.S. 9:2795, the burden of establishing a malicious or willful failure to warn of a dangerous condition shifts to the plaintiff. Doyle v.

Castille v. State ex rel. Department of Transportation & Development

99 La.App. 3 Cir. 1334 · Louisiana Court of Appeal · Feb 2, 2000

The plaintiffs had settled with one non-qualified health care provider and with one qualified health care provider. Upon notice of the settlement by the qualified health care provider, the Fund entered the litigation. … The Fund argued that it should be allowed to litigate the liability of the qualified health care provider and to introduce evidence apportioning fault between the qualified health care provider and the non-health care provider

Orellana v. LOUISIANA CITIZENS PROP. INS.

972 So. 2d 1252 · Louisiana Court of Appeal · Dec 5, 2007

In this case, Plaintiff has had to watch his home sustain ongoing damage [2] as a result of Louisiana Citizens' decision to not pay timely insurance payments, which qualifies the case under subsection (1). … R.S. 22:1430.5, captioned "Immunity from liability," states: A.

Bridges v. City of Carenco

982 So. 2d 306 · Louisiana Court of Appeal · Apr 30, 2008

The plaintiffs argue that since "tournament director" is not one of the positions specifically listed in La.R.S. 9:2798, that she does not qualify for immunity under the statute. … The record establishes that after the rain, remedial steps were take to improve the playing surface.

Durand v. United Dollar Store of Hammond, Inc.

242 So. 2d 635 · Louisiana Court of Appeal · Dec 21, 1970

We believe that the record further clearly indicates that Mr. Brock, after having observed the behavior of Mrs. Simmons, immediately started after her. … In reaching this conclusion the appellate court expressly pretermitted the question of whether the defendant was immune from liability by virtue of Louisiana Code of Criminal Procedure Article 215: "We agree with the trial

Grant v. Sneed

155 So. 3d 61 · Louisiana Court of Appeal · Nov 19, 2014

This legislation and the jurisprudence interpreting it are clearly adverse to the position being taken by the defendants in this matter. … When a defendant invokes the immunity of a statutory employer under La. R.S. 23:1032, it has the burden of proving this immunity. If La.