Case law

Binkley v. Landry

2000 La.App. 1 Cir. 1710 · Louisiana Court of Appeal · Sep 28, 2001

immunity provided to public entities in Louisiana Revised Statute 9:2798.1. … Act No. 1264 of 1999 clearly added an additional exception to the grant of immunity for loss or damage sustained in a Mardi Gras parade.

O'QUINN v. Power House Services, Inc.

633 So. 2d 707 · Louisiana Court of Appeal · Dec 29, 1993

The evidence presented in support of the motion for summary judgment as to the character of this property establishes only that the property may encompass approximately 500 acres. … Because there remains a material issue of fact as to whether the nature of this property qualifies it for immunity under the recreational use statutes, summary judgment is not appropriate.

Bozeman v. Reed

633 So. 2d 944 · Louisiana Court of Appeal · Mar 11, 1994

that the finding is clearly wrong (manifestly erroneous). … We find that the record supports an assessment of 50 percent fault on the part of Reed. [11] DPS'S IMMUNITY FROM LIABILITY ASSIGNMENT OF ERROR NUMBER THREE In this assignment of error, DPS contends that it is immune from

Dugas v. City of Breaux Bridge Police Department

99 La.App. 3 Cir. 1320 · Louisiana Court of Appeal · Feb 2, 2000

Bowen, 94-584, p. 6 (La.App. 3 Cir. 11/2/94); 649 So.2d 611, 614 , writ denied, 94-2940 (La.1/27/95); 650 So.2d 244 , this court stated that an entity must qualify as a juridical person before it will be empowered to "independently … affidavit, Mayor Louis Kern states that, "The Breaux Bridge Police Department has no authority to maintain bank accounts, sign contracts, incur debt, sign checks, invest surplus funds, assess and/or collect taxes, charge fees, establish

Gutierrez v. Keller

2012 La.App. 4 Cir. 0987 · Louisiana Court of Appeal · Jan 16, 2013

factfinder is clearly wrong or manifestly erroneous. … Immunity Next, the plaintiffs argue that the immunity provisions provided to emergency vehicles do not apply to this case. The immunity provision applicable to emergency vehicles is found in La.

State v. Louis

93 La.App. 3 Cir. 1201 · Louisiana Court of Appeal · Mar 2, 1994

Lewis involved aspects of both transactional or equitable immunity and use immunity. … Applying both the Caminita and Lems tests for equitable immunity, we find the record does not clearly establish whether defendant performed his side of the bargain, nor that defendant relied to his detriment on the agreement

Gatlin v. Entergy Corp.

904 So. 2d 31 · Louisiana Court of Appeal · May 4, 2005

[b]ut to try to establish a negligence case against his employer, who is statutorily immune from any theory of negligence on the part of its employees, would in effect represent a double deduction and essentially a denial … As established by the clear terms of the policy, National Union was obligated to both defend and indemnify ELI in those capacities.

Wilde v. Schwegmann Bros. Giant Supermarkets, Inc.

160 So. 2d 839 · Louisiana Court of Appeal · Feb 3, 1964

The evidence clearly establishes that plaintiff was not held by defendant for the purpose of ascertaining the true facts, but simply to obtain a confession. … The mere fact that defendants permitted her to write the qualifying statement on the bottom thereof evidences their own uncertainty.

McGuire v. Honeycutt

387 So. 2d 674 · Louisiana Court of Appeal · Jul 30, 1980

We find that the record does not establish an intentional act within this definition. … These cases clearly establish that the Legislature may validly regulate causes of action including replacement or abolition that one person may have against another for personal injuries.

Safford v. Bayou Lafourche Fresh Water District

872 So. 2d 1127 · Louisiana Court of Appeal · Feb 23, 2004

Generally, any immunity claim must properly be addressed first, as a finding that the defendant is immune would obviate a detailed duty-risk analysis. See Hardy v. … The trial court ruled that the District was not entitled to immunity under La.

State v. Durham

748 So. 2d 1 · Louisiana Court of Appeal · Aug 20, 1999

Johnny Reid and Raymond Holloway each provided testimony pursuant to a grant of immunity. Sharon Doyle was not tried on these charges, nor was she granted immunity. … Malfeasance, however, clearly applies.

Yount v. Handshoe

14 La.App. 5 Cir. 919 · Louisiana Court of Appeal · May 28, 2015

Truitt underneath the drawing described its graphic nature and clearly identified the author as a minor child and the divorce proceedings in which he was involved. … To the extent that the blog posts may be construed as commentary on a judicial proceeding, they may be protected in a defamation suit under the law of qualified privilege for fair reporting on a judicial proceeding; however

Sullivan v. Malta Park

2014 La.App. 4 Cir. 0823 · Louisiana Court of Appeal · Dec 10, 2014

Schmidt answered the suit and asserted the affirmative defense of qualified immunity. In February 2014, Mr. Schmidt filed a motion for summary judgment or an alternative exception of no cause of action. … Schmidt affirmatively pled qualified immunity in his answer. The issue of whether the qualified privilege applies is thus properly before us.

Belinda Lasalle v. Honorable Chelsey R. Napoleon, in Her Official Capacity as Clerk of Court for the Civil District Court for the Parish of Orleans

Louisiana Court of Appeal · Nov 4, 2025

R.S. 11:15131, the Clerks’ Retirement Fund had established 1 La. … The testimony at trial established that Ms.

Broussard v. Dept. of Transp. & Dev.

539 So. 2d 824 · Louisiana Court of Appeal · Feb 8, 1989

With the building of the bridge, those establishments closed and no retail businesses remain. … If the term "undeveloped" as used in Ratcliff refers to any residential development, then clearly there is none.

Ruston Hospital, Inc. v. Riser

191 So. 2d 665 · Louisiana Court of Appeal · Oct 31, 1966

We think the above principle is clearly indicated in the constitutional provision exempting places devoted to charitable undertakings, which word, by common definition and usage, connotes "a setting apart", "a dedication" … The stipulation in the instant case not only fails to establish a charitable use of plaintiff's property but definitely negates such a conclusion.

Duree v. State ex rel. Department of Institutions

162 So. 2d 201 · Louisiana Court of Appeal · Mar 2, 1964

Though in the language of the act of the Legislature referred to limitation is placed until January 1, 1961, Article 3, Section 35 of the Constitution, which clearly supersedes the legislative act as to timeliness in instituting … Unmistakably, a prior ruling by the same court or one of equal dignity disposing of an identical issue earlier on the same cause of action, involving the same parties, establishes the law of the case insofar as that issue

Richard v. Weill Const. Co., Inc.

446 So. 2d 943 · Louisiana Court of Appeal · Mar 7, 1984

In the present case, plaintiff's petition clearly reveals that Weill was the general contractor on the job where plaintiff was working at the time of the accident and that his immediate employer, Aristile LeBlanc, was performing … Weill is therefore immune from tort liability. LSA-R.S. 23:1032 and R.S. 23:1061; Barnhill, supra. There is no issue of material fact as to this position.

Palowsky v. Campbell

249 So. 3d 945 · Louisiana Court of Appeal · Apr 11, 2018

The Supreme Court more recently observed that "[f]ew doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction." … Therefore, a law clerk who is clearly assisting the judge in carrying out judicial functions is covered by the doctrine of absolute immunity. Id. See also Mitchell v. McBryde, 944 F.2d 229 , 230 (5th Cir. 1991).

Lingoni v. Hibernia National Bank

2009 La.App. 4 Cir. 0737 · Louisiana Court of Appeal · Mar 3, 2010

R.S. 9:2771 establishes an immunity from liability for the defects of the work constructed by him if he can prove the work was constructed according to the plans and specifications furnished him, since the contractor is not … Clearly, the district court was presented with countervailing affidavits in which the court found credible. Ms.