Case law

Chaney v. National RR Passenger Corp.

583 So. 2d 926 · Louisiana Court of Appeal · Jun 27, 1991

Given these unresolved and clearly disputed factual questions, the trial court was clearly wrong to grant the City's motion for summary judgment. … hereafter erected by a political subdivision of this state fails to conform to the manual or specifications, payment of any funds allocated to that political subdivision shall be withheld by the department until the standards established

Ginn v. Woman's Hospital Foundation, Inc.

818 So. 2d 983 · Louisiana Court of Appeal · May 10, 2002

The Board is clearly an interested party entitled to intervene and appeal under the intervention statutes, and, in fact, has the duty to defend the Fund under La. R.S. 40:1299.44(A)(5)(b), La. … The burden is on a defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the Act. Dunn , 96-1765 at p. 6, 701 So.2d at 699 .

Two O'Clock Bayou Land Co. v. State

415 So. 2d 990 · Louisiana Court of Appeal · May 26, 1982

Prior to the adoption of our 1974 constitution an action to establish title or ownership to real rights claimed by the state could only be brought after obtaining authorization of the state. Daigle v. … The clearly expressed intent was to adopt the doctrine of sovereign immunity as part of our basic law, and to waive that immunity in the field of contracts and torts as exceptions to the general rule. " [Emphasis added.]

Mercer v. Lowe

217 So. 3d 1235 · Louisiana Court of Appeal · Apr 5, 2017

exists; or (2) To acts or omissions which constitute criminal, fraudulent, malicious, intentional, willful, outrageous, reckless, or flagrant misconduct. | fiThus, although BPSO and its employees may be entitled to the qualified … immunity set forth in La.

Taylor v. Sauls

772 So. 2d 686 · Louisiana Court of Appeal · Sep 6, 2000

Defendants assert that he was not qualified to testify regarding the standard of care in DeRidder, Louisiana. … Hearn's testimony was clearly material.

Fullilove v. US Casualty Company of New York

129 So. 2d 816 · Louisiana Court of Appeal · Apr 12, 1961

This act was adopted after final judgment had been rendered in the lower court; but, the case having been as fully tried below as if plaintiff had had authority to stand in judgment, and she being the appellant, and now qualified … This choice of words clearly indicates the purpose to require new suits in only those cases where the judgments of dismissal were not subject to correction, and had attained the status of res judicata.

Jones v. Insurance Company of North America

303 So. 2d 902 · Louisiana Court of Appeal · Feb 7, 1975

Although an attempt was made to establish Mortuary's ownership of the pickup truck allegedly involved in the accident, the record clearly preponderates in favor of the conclusion that the truck was owned by Davis individually … However, under the circumstances, Davis may not invoke the rule that he is immune from tort liability herein.

Rainey v. Entergy Gulf States, Inc.

993 So. 2d 735 · Louisiana Court of Appeal · Aug 15, 2008

R.S. 23:1032. [1] Because Entergy seeks to avail itself of tort immunity under La. R.S. 23:1032, Entergy bears the burden of proving entitlement to the immunity. Weber v. … Because an Entergy representative did not physically sign the addendum at issue, plaintiffs urge that Entergy did not meet the statutory requirements to qualify as Rainey's statutory employer.

Nichols v. Cain

871 So. 2d 654 · Louisiana Court of Appeal · Apr 2, 2004

The district court erred in failing to find that the defendants showed a “specific and deliberate conduct to violate clearly established statutory and constitutional rights.” 3. … The district court erred in failing to find that defendants are not entitled to qualified immunity in “this suit for monetary damages and injunc-tive relief via judicial review.” 5.

Richard v. Hall

843 So. 2d 433 · Louisiana Court of Appeal · Feb 14, 2003

provisions established pursuant to La. … Therefore, our interpretation that SSI qualifies for immunity pursuant to the dictates of La. R.S. 9:2791, et seq, does not constitute a broadening of the statute. The judgments of the trial court are affirmed.

Jones v. Town of Woodworth

15 La.App. 3 Cir. 568 · Louisiana Court of Appeal · Nov 4, 2015

JONES, SR.” ' The Town of Woodworth and Officer Sikes had also plead in their “Answer To Plaintiff’s Petition for Damages,” the affirmative defense of qualified immunity pursuant to La.R.S. 9:2798.1, La.R.S. 9:2800-2800.52 … A panel of our court decided to review the case on appeal under a duty/risk analysis pursuant to La,Civ.Code art. 2315, rather than apply the analysis applicable to statutory qualified immunity.

Bonnette v. Tunica-Biloxi Indians

873 So. 2d 1 · Louisiana Court of Appeal · Mar 24, 2004

In finding that the Tribe did not waive its sovereign immunity in the Tribal-State compact, the trial court concluded: These specific clauses ... clearly confirm to this Court that the Tribe has not waived sovereign immunity … While there is some support for a waiver of immunity by the Tribe in the Tribal-State Compact, that support is too ambiguous. A waiver of immunity must be clearly expressed and unequivocal. Kiowa Tribe of Oklahoma v.

Sunda v. United Services Automobile Ass'n

0 La.App. 3 Cir. 1425 · Louisiana Court of Appeal · May 23, 2001

Since UM carriers were not included in the list of | ¿persons entitled to immunity from suit, as provided by La.R.S. 23:1032, the supreme court held they qualified as “third persons” even if they do not actually injure the … Since there is no underlying uninsured or under-insured person due to the immunity provision of La.R.S. 23:1032, USAA is not legally liable to Sunda. Bolton v.

Rider v. AMBEAU

973 So. 2d 177 · Louisiana Court of Appeal · Dec 21, 2007

established legal rules and were not entitled to immunity under La. … Rider's "employers," we pretermit discussion of whether they were entitled to summary judgment dismissing them from this suit on the basis that the were entitled to qualified immunity under La. R.S. 9:2798.1(B).

Patterson v. Martin Forest Products, Inc.

774 So. 2d 1148 · Louisiana Court of Appeal · Dec 15, 2000

It allows the policy of the workers' compensation immunity provisions to triumph totally over the policy of the Child Labor Law. … Allan's receipt of these benefits does not qualify as an election of remedies and while his acceptance of workers' compensation benefits will not bar his suit in tort, his employer (or its workers' compensation insurer) may

Kuebel v. Department of Wildlife & Fisheries

2008 La.App. 4 Cir. 1018 · Louisiana Court of Appeal · Apr 15, 2009

NICTD conceded that the ITCA provided qualified consent for suits against the state. Id. at 540 . … Lyles, 797 So.2d 432, 438 (Ala.2001)(holding that the state of Alabama was immune from suit for FELA claims and that the state constitution definitively established that sovereign immunity was not waived). 12 .

Black v. McDermott Intern. Inc.

692 So. 2d 724 · Louisiana Court of Appeal · Apr 2, 1997

Gervais Favrot Co., Inc., 537 So.2d 381 (La.App. 4 Cir.1988), this court held that LSA-R.S. 23:1061 must be read disjunctively and the employer qualifies for the two-contract defense if he proves the existence of a general … The two-contract defense is established in our caselaw which is binding upon us unless altered by the Supreme Court's Kirkland decision.

Reed v. Yor-Wil, Inc.

406 So. 2d 236 · Louisiana Court of Appeal · Oct 12, 1981

The Louisiana Supreme Court clearly rejected conclusionary allegations in Bazley, and required allegations of material facts to state a cause of action. … R.S. 23:1032, thereby losing the immunity from tort liability; (b) the immunity from tort liability granted an employer by La.

Webb v. STATE, DEPT. OF INSTITUTIONS

91 So. 2d 156 · Louisiana Court of Appeal · Nov 26, 1956

The State waived its Sovereign immunity and allowed itself to be sued by Act 163 of 1954. … State's immunity for liability for the negligence of its employees.

Leon Greenblatt v. Sewerage & Water Board of New Orleans, B&K Construction Co., LLC, Cajun Constructors, LLC, Linfield, Hunter & Junius, Inc. and Boh Bros Construction Co., LLC

Louisiana Court of Appeal · Dec 20, 2019

the finding is clearly wrong (manifestly erroneous). … At the outset, we note that “trial court is afforded wide discretion in determining whether expert testimony should be admitted and who should or should not be qualified as an expert;” thus, “the decision to qualify an