Case law

Mitter v. St. John the Baptist Parish

920 So. 2d 263 · Louisiana Court of Appeal · Dec 27, 2005

It is well established, however, that where it is attempted to establish an exception to a general rule, strict construction is required and the exception is not to be recognized unless it is clearly established. … In my opinion, the exception in question here is not clearly established and, thus, this *270 Court should not recognize that exception.

NORTHWEST LA PRODUCTION CREDIT v. State

746 So. 2d 280 · Louisiana Court of Appeal · Nov 5, 1999

Thus, PCAs are federal instrumentalities, clearly designated as such by federal statute. … doctrine and that states cannot tax them in the absence of a statute which clearly and affirmatively waives this implied immunity.

Green v. Liberty Mut. Ins. Co.

352 So. 2d 366 · Louisiana Court of Appeal · Jan 30, 1978

The reasoning is the legislature is simply stating more clearly what it meant to say in the first place. … The interpretive legislation does not create new rules, but merely establishes the meaning that the interpreted statute had from the time of its enactment.

Lafayette City Council v. Bowen

94 La.App. 3 Cir. 584 · Louisiana Court of Appeal · Nov 2, 1994

It applied the following criteria which is clearly applicable to the present case, to-wit: ... … The Charter (organic law), which clearly grants the City Council broad powers, restricts the City Council's legal capacity to exercise such powers by establishing it as the legislative branch of city government.

Southern Environmental Management and Specialties, Inc. v. City of New Orleans and Honorable Latoya Cantrell, in Her Official Capacity as the Mayor of the City of New Orleans and Command Construction Industries, LLC and Arch Specialty Insurance, Inc.

Louisiana Court of Appeal · May 11, 2022

R.S. 38:2241(C)—, which renders the majority’s analysis clearly erroneous. A proper statutory analysis would address the immunity provision, which the surety . . . is urging in this case. … The immunity provision clearly grants [the surety] immunity because [the subcontractor] did not follow the notice and recordation requirements before (or even after) it filed suit against [the surety].”

Greene v. Succession of Alvarado

2015 La.App. 1 Cir. 1960 · Louisiana Court of Appeal · Dec 27, 2016

The evidence established that Terre-bonne Parish rarely experiences winter weather events sufficient to produce ice on roadways or bridges. … Tekell has not published any articles or taught any seminars on the subject, and he has never previously been qualified as having specific expertise in that area.

El-Mumit v. Fogg

542 So. 2d 149 · Louisiana Court of Appeal · Apr 11, 1989

Exceptions of no cause of action based on judicial absolute immunity and prosecutorial qualified immunity on behalf of, respectively, Judge Fogg and Assistant District Attorneys Quin, Ramsey, and Waterman, were granted as … With these allegations, plaintiff is clearly attempting to have us review his criminal proceedings. The appeal from that conviction, by operation of the law, went directly to the Louisiana Supreme Court. La. Const. art.

S.T.J. v. P.M.

556 So. 2d 244 · Louisiana Court of Appeal · Jan 24, 1990

In this appeal, appellant argues that the immunity urged is inapplicable to this case because defendants established a psychologist-patient relationship by undertaking treatment of the child. … With respect to testimony in judicial proceedings, the immunity of parties and witnesses from subsequent liability was well established in English common law. Briscoe v.

Smith v. State ex rel. Department of Administration

694 So. 2d 1184 · Louisiana Court of Appeal · May 9, 1997

Clearly, the absolute prosecutorial immunity adopted by the supreme court in the Knapper ease covers the actions taken by an assistant attorney general acting in the role of advocate for the state. … Verification may be required to establish probable cause where the source of the information seems unworthy, or where further information about a serious charge would be readily available.

Sommer v. State, Department of Transportation & Development

97 La.App. 4 Cir. 1929 · Louisiana Court of Appeal · Mar 29, 2000

their actions were objectively reasonable, did not violate plaintiffs rights, and were thus protected by qualified and good faith immunity. … immunity defenses such as objectively reasonable reliance on existing law.

Williams v. Superior Uniform Group, Inc.

847 So. 2d 244 · Louisiana Court of Appeal · May 22, 2003

To effectuate its purpose, the Act grants an employer immunity from non-intentional torts. This immunity also applies to third persons, including executive officers. … Mehlman does not appear to be qualified to give this opinion in this case. However, even if Dr.

Rogers v. State ex rel. Department of Public Safety & Corrections

7 La.App. 3 Cir. 1060 · Louisiana Court of Appeal · Jan 30, 2008

In their sole assignment of error, Defendants assert that the trial court erred in denying their peremptory exception of no right of action where there was no evidence in the record establishing that plain *922 tiffs possessed … JjDISCUSSION An appellate court may not set aside a trial court’s finding of fact in the absence of manifest error or unless it is clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989).

Terrebonne Parish Sch. Bd. v. St. Mary Parish Sch. Bd.

131 So. 2d 266 · Louisiana Court of Appeal · May 22, 1961

Although respondent cites certain authorities (one from our own jurisdiction) which it contends establishes the principle that the doctrine of sovereign immunity may not be pleaded by one state agency in defense of an action … The provision in issue clearly and unambiguously expresses the legislative and electorate intent that school boards shall be considered not merely ordinary agencies of the sovereign state but something more or to use the

State v. Gamberella

633 So. 2d 595 · Louisiana Court of Appeal · Dec 29, 1993

HIV is the virus responsible for causing acquired immune deficiency syndrome (AIDS). … To establish defendant's guilt, the state was required to prove that defendant intentionally exposed the victim to the acquired immune deficiency syndrome virus through sexual contact without the victim's knowing and lawful

Holder v. Louisiana Parks Service, Inc.

493 So. 2d 275 · Louisiana Court of Appeal · Aug 21, 1986

FACTS The affidavits and interrogatories and their answers establish the following facts to be considered in determining the merits of the motion for summary judgment. … There remains a material issue as to whether the park, its location and surrounding developments qualifies it for the immunity provided for by the statutes.

St. Mary Anesthesia v. Hosp. Serv. Dist.

836 So. 2d 379 · Louisiana Court of Appeal · Dec 20, 2002

This general right was expressly qualified, however, by an exclusionary proviso authorizing exceptions "in cases established by law." … The use of the word "established" in the proviso at issue, instead of "provided," does not warrant a different interpretation. [11] Thus, the legislature is clearly empowered to fashion exceptions to the general right of

Musmeci v. American Automobile Insurance Company

146 So. 2d 496 · Louisiana Court of Appeal · Oct 1, 1962

City of Shreveport is clearly distinguishable from this case. … It is well established in our law that the defense of immunity of governmental agencies and charitable institutions for torts of their agents and servants is a defense which is personal to the institution or sovereign itself

Aranyosi v. Delchamps, Inc.

98 La.App. 1 Cir. 1325 · Louisiana Court of Appeal · Jun 25, 1999

Nevertheless, even if all the elements of defamation were present, a qualified privilege exists in favor of defendants. … by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable.

Clement v. Reeves

975 So. 2d 170 · Louisiana Court of Appeal · Jan 30, 2008

Clearly, LCG was provided with immunity from negligence in its efforts to remedy the effects of Hurricane Lili during the state of emergency absent a showing of willful misconduct. Castille v. … We again recognize that "Clearly, LCG was provided with immunity from negligence in its efforts to remedy the effects of Hurricane Lili during the state of emergency absent a showing of willful misconduct. Castille v.

Franatovich v. St. Bernard Parish Government

2011 La.App. 4 Cir. 1128 · Louisiana Court of Appeal · Mar 21, 2012

The district court clearly erred in finding Darryl Franatovich only 10% at fault, where the evidence established that he drove into an open and obvious roadside ditch in broad daylight when he voluntarily left the roadway … Co., 2002-1138 (La.5/20/03), 851 So.2d 959 , explained that the immunity from liability established in La.