Case law

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

Breaux v. Jefferson Davis Sheriff's Department

689 So. 2d 615 · Louisiana Court of Appeal · Feb 5, 1997

. *616 Defendants answered denying plaintiffs’ allegations and asserting the defense of qualified immunity. … Plaintiffs filed a motion for summary judgment contending that as a matter of law, the qualified immunity defense should be stricken since the arrest was illegal. Defendants filed a cross motion for summary judgment.

Pratt v. State

408 So. 2d 336 · Louisiana Court of Appeal · Dec 16, 1981

The agreement also provides for the establishment of an advisory committee, `in order to insure the effective operation of the reservoir and recreational area.' … [LSA-R.S.] 9:2795 is not designed to re-establish immunity on the basis of a sovereign status.

Liberty Mut. Ins. v. STATE FARM MUTUAL AUTOMOBILE INS.

579 So. 2d 1090 · Louisiana Court of Appeal · Apr 30, 1991

State Farm argues that Liberty Mutual's cause of action for indemnity is barred because 1) Jones Walker can not proceed under La.R.S. 22:655, the Direct Action Statute, because as a vicariously liable party it does not qualify … It is a well-established principle of law that an insurance subrogee acquires no greater rights than those possessed by its subrogor and is subject to all limitations applicable to the original claim of the subrogor.

Gray Insurance v. St. Charles General Hospital

96 La.App. 1 Cir. 1637 · Louisiana Court of Appeal · Jun 20, 1997

of the Office of Workers’ Compensation (OWC) to adopt rules and regulations necessary to establish and implement such a schedule. … Charles’s $27,171.85 bill averaged $5,434.37 per day, clearly more than 1.75 times the applicable per diem rate. It was thus appealable. In order to qualify for 85% reimbursement, however, St.

Richie, Richie & Oberle, L.L.P. v. Louisiana Insurance Guaranty Ass'n

928 So. 2d 15 · Louisiana Court of Appeal · Dec 22, 2005

LIGA correctly counters that the blanket immunity found in LSA-R.S. 22:1391 is broader than that granted to the State and state agencies pursuant to LSA-R.S. 9:2798.1, which only provides qualified immunity for discretionary … These contractual relationships clearly do not encompass the selection of attorneys to represent LIGA. This argument is without merit.

Tyler v. Touro Infirmary

207 So. 2d 235 · Louisiana Court of Appeal · Feb 5, 1968

qualified to perform an act which may be performed only by such a specialist. … Under the routine surgical procedure established by the hospital staff the nurses were required to take that count in the manner so established, including the taking of a count out of the doctor’s presence prior to his entrance

Theron and Sherry Pfantz v. Dr. Dwight McKenna in His Capacity as the Coroner, Orleans Parish Coroner's Office, and Abc Insurance Company

Louisiana Court of Appeal · Oct 22, 2025

Second, “the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous).” Id. … Immunity The Coroner argues that pursuant to La.

Lyons v. TERREBONNE PARISH CONSOLIDATED GOVERNMENT

2010 La.App. 1 Cir. 2258 · Louisiana Court of Appeal · Jun 10, 2011

clearly on the face of the pleadings. … Because the affirmative defense, which establishes the State’s immunity, appears clearly on the face of the petition, the trial court properly sustained the State’s exception raising the objection of no cause of action and

Andrews v. Our Lady of the Lake Ascension Community Hospital, Inc.

2013 La.App. 1 Cir. 1237 · Louisiana Court of Appeal · Feb 18, 2014

The burden is on the defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the Act. Id. … This clearly falls within “malpractice” as defined in LSA-R.S. 40:1299.41(A)(13).

Tilley v. Boise Cascade Corp.

9 La.App. 3 Cir. 1072 · Louisiana Court of Appeal · Mar 10, 2010

Choat were statutory employees of Boise at the time of the accident entitling the Defendants to immunity from tort suit. An employer bears the burden of proving entitlement to tort immunity as established by La. … Wallace would not be entitled to tort immunity. | (¡Therefore, we find that Boise and Mr. Wallace failed to establish by a preponderance of the evidence that the addendum was signed by BE & K before the accident.

Zamanian v. Christian Health Ministry

715 So. 2d 57 · Louisiana Court of Appeal · May 20, 1998

The assertion of qualified immunity constitutes a rebuttal of the allegation of malice and places the burden on the plaintiff/physician to establish malice or lack of good faith. Boyd v. … The qualified immunity of La. R.S. 13:3715.3(C) rebuts the plaintiff's allegations of malice and places the burden on the plaintiff/physician to establish malice or lack of good faith. Smith, 639 So.2d 730 . Under La.

Sommer v. STATE, DEPT. OF TRANSP. DEVELOPMENT

758 So. 2d 923 · Louisiana Court of Appeal · May 16, 2000

their actions were objectively reasonable, did not violate plaintiff's rights, and were thus protected by qualified and good faith immunity. … That portion of the Will opinion, when read in context as we are required to do, clearly and unequivocally applies only to cases brought in federal court, where 11th Amendment sovereign immunity is an issue.

Bradshaw v. STATE, DEPT. OF WILDLIFE & FISHERIES

616 So. 2d 799 · Louisiana Court of Appeal · Mar 31, 1993

Both defendants, claiming benefit of the qualified immunity afforded by the recreational use statute, LSA-R.S. 9:2795, excepted that plaintiff's petition failed to state a cause of action. … Yet, unlike the Keelen court, we are faced with a situation that clearly falls under the language of LSA-R.S. 9:2795 E.

INVESTMENT MGMT. SVCS., INC. v. Village of Folsom

808 So. 2d 597 · Louisiana Court of Appeal · May 11, 2001

Therefore, the Village of Folsom will be liable for damages under the civil rights statute only if it violated IMS's clearly established constitutional rights. … IMS has no clearly established constitutional right which has been violated.

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

6 La.App. 3 Cir. 1542 · Louisiana Court of Appeal · Aug 8, 2007

Cous-hatta refutes the import of Meyer’s arguments with evidence establishing that nonmembers doing business with the Tribe regularly obtained specific resolutions waiving sovereign immunity as provided in the Judicial Code … Nat’l Farmers, 471 U.S. 845 , 105 S.Ct. 2447 , 85 L.Ed.2d 818 . 11SConclusions Louisiana and its courts clearly have an interest in seeing that their citizens are protected when they contract with Indian tribes.

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

2001 La.App. 4 Cir. 0499 · Louisiana Court of Appeal · Jan 30, 2002

If the employee had no discretion or choice as to appropriate conduct, there is no immunity. … This conclusion is not manifestly erroneous, clearly wrong, or wrong as a matter of law.

Cormier v. Guilbeaux

547 So. 2d 17 · Louisiana Court of Appeal · Jul 5, 1989

The trial court also found as an additional reason for Guilbeaux's dismissal from the suit that he qualified for shareholder immunity. … On this evidence, the facts necessary to establish Guilbeaux's immunity from tort liability have by no means been shown with the certainty required by La.C.C.P. arts. 966 and 967, for summary judgment purposes.

Godfrey v. Boston Old Colony Ins. Co.

97 La.App. 4 Cir. 2568 · Louisiana Court of Appeal · May 27, 1998

However, in the rare cases which do not qualify for LSA-R.S. 9:2800.1 immunity because the alcoholic beverage vendor sold to a person under "the age for lawful purchase thereof," the court must move to the second level of … General negligence principles Because the immunity established by LSA-R.S. 9:2800.1 does not immunize Waldo's from liability under the facts of the instant case, we turn now to the second level of inquiry for determining

Bougon v. Volunteers of America

151 So. 797 · Louisiana Court of Appeal · Jan 2, 1934

are immune from liability upon the ground of public policy and other reasons, but particularly because of what is known as the “Trust Fund Doctrine.” … Just a word about the Edwards Case, which, we are informed, has met with considerable criticism, as distinguished an authority as the Supreme Court of California having declared that it is clearly against the great weight