Case law

Maldonado-Mejia v. Eversound Kitchen & Bath, LLC

2015 La.App. 4 Cir. 0859 · Louisiana Court of Appeal · Apr 20, 2016

Accordingly, we deem the issue of whether Maldonado qualifies as an employee abandoned. … The OWO was not manifestly erroneous or clearly wrong in dismissing Maldonado’s disputed claim.

Ortego v. TUNICA BILOXI INDIANS OF LA.

865 So. 2d 985 · Louisiana Court of Appeal · Feb 4, 2004

Both decisions describe an exhaustion rule allowing tribal courts initially to respond to an invocation of their jurisdiction; neither establishes tribal-court adjudicatory authority, even over the lawsuits involved in those … Ortego further contends that § 2(H) of the compact, reproduced in footnote 4, clearly indicates that the State did not transfer its workers' compensation jurisdiction to the Tribe.

Molina v. City of New Orleans

830 So. 2d 994 · Louisiana Court of Appeal · Oct 2, 2002

THE CITY'S IMMUNITY DEFENSE The City contends that it was error for the trial court to refuse to consider its defense that it is immune from liability under La. … It is well settled that a plaintiff's uncorroborated testimony is sufficient to prove lost wages as long as the testimony is uncontradicted and reasonably establishes the claim. Richard v.

Morrison v. JA Jones Const. Co., Inc.

537 So. 2d 360 · Louisiana Court of Appeal · Dec 29, 1988

The record establishes that appellant was not reasonably diligent in searching out the source of the water and in fashioning a remedy. … That finding is not clearly wrong, and we will not disturb it.

Froisy v. Salama

0 La.App. 3 Cir. 1262 · Louisiana Court of Appeal · Feb 28, 2001

The undisputed facts giving rise to this litigation clearly establish that Mr. Froisy suffered unnecessarily because of the false statements made by Dr. Salama to Dr. Elias. Although sympathetic to Mr. … Others involved in the commitment process may claim immunity pursuant to the provisions of La.R.S. 28:63.

Dawson v. City of Bogalusa

95 La.App. 1 Cir. 0824 · Louisiana Court of Appeal · Dec 15, 1995

However, the testimony of defendant's employees established defendant was somewhat lackadaisical in responding to citizen complaints. … Coe, plaintiff's treating psychiatrist, stated plaintiff is "most concerned" whether she will be able to qualify for her pension.

Viator v. Miller

900 So. 2d 1135 · Louisiana Court of Appeal · Apr 27, 2005

Clearly, any damages arising from the sexual relationship between Heather and Judge Miller are not recoverable under Louisiana law. … s paternity in question is insufficient to establish Michael's status to proceed.

Johnson v. Orleans Parish School Bd.

2006 La.App. 4 Cir. 1223 · Louisiana Court of Appeal · Jan 30, 2008

The Louisiana Supreme Court established a two-step test for courts to follow when determining whether the immunity applies. See Simeon v. Doe, 618 So.2d 848, 852-53 (La. 1993). … Once a defendant establishes its conduct involves a matter of choice or discretion that is not the end of the inquiry.

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.

Capitol House Preservation Co. v. Perryman Consultants, Inc.

2008 La.App. 1 Cir. 0367 · Louisiana Court of Appeal · Aug 28, 2009

Argosy is clearly afforded no protection under the Parker doctrine, insofar as it protects state action in promulgating and enforcing anti-competitive legislation or rules. … Under the “sham” exception, activity “ostensibly directed toward influencing governmental action” does not qualify for Noerr immunity if it “is a mere sham to cover what is actually nothing more than an attempt to interfere

Palandro v. Board of Supervisors

2009 La.App. 1 Cir. 1203 · Louisiana Court of Appeal · Apr 28, 2010

YoA-Alden, the Board asserts that Louisiana Constitution, Article XII, Section 10(A)’s waiver of | immunity in contract suits is not sufficient to establish Louisiana’s explicit consent to a suit seeking to enforce FLSA provisions … In deciding Alden , the Supreme Court noted that the Alden plaintiffs did not attempt to establish waiver of immunity under Maine’s legislative standard. Alden, 527 U.S. at 758 , 119 S.Ct. 2240 .

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.

LaCroix v. State ex rel. Department of Transportation

477 So. 2d 1246 · Louisiana Court of Appeal · Oct 10, 1985

However, the extent of its right of way in this area is not established in the record. … Clearly, this accident took place in a rural setting. Because of this site’s popularity, we believe it warrants being termed a recreational area. Members of the general public swam in this creek without charge.

Tomlinson v. Frazier

407 So. 2d 1385 · Louisiana Court of Appeal · Jan 8, 1982

"The evidence clearly establishes that defendant was actually domiciled within the 92nd Legislative District for the entire year preceding his qualifying as a candidate. … In light of Frazier's extensive contacts with New York, his intention clearly appears to have been to establish residency there.

Cameron v. Roberts

111 So. 3d 438 · Louisiana Court of Appeal · Feb 27, 2013

New trials are granted in the interest of justice and are left largely to the discretion of the trial court, but this discretion is not immune from appellate review. … Further, he did not establish that he was an expert in forestry or that he was qualified in any way to quantify the damages claimed.

Anderson v. St. Bernard Parish

543 So. 2d 537 · Louisiana Court of Appeal · Apr 27, 1989

The appellant was clearly in the course and scope of his employment when injured, as were the members of the Police Jury. … The defendants are immune from suit in tort in this instance as proscribed by statute. AFFIRMED. .

Harrison v. Delise

440 So. 2d 160 · Louisiana Court of Appeal · Aug 19, 1983

The evidence clearly demonstrates that this defendant was domiciled at one of two locations, clearly entitling him substantively to run for the office of Police Juror of Ward 4 under either Section 4(A) or 4(B). … Picou decision as support for the proposition that where a candidate is in fact qualified to seek a particular office and clearly indicate the office he seeks, and he and his opponents are clearly aware of his interest to

Sanders v. Pilley

684 So. 2d 460 · Louisiana Court of Appeal · Nov 8, 1996

As we have previously stated, the district court clearly determined that OBRA '93 was not applicable to the present case. … For purposes of the previous sentence, the term "grantor" *465 means the individual referred to in paragraph (2). (2) For purposes of this subsection, a "medicaid qualifying trust" is a trust, or similar legal device, established

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.

Credit v. Richland Parish School Board

92 So. 3d 1175 · Louisiana Court of Appeal · May 23, 2012

R.S. 17:439(A), created a qualified immunity from liability for school board employees for negligent acts of commission, but not for negligent acts of omission. We noted that La. … R.S. 17:439, the Louisiana legislature did not intend to exclude qualified tort immunity for negligent acts of omission.