Case law

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.

McIntosh v. McElveen

893 So. 2d 986 · Louisiana Court of Appeal · Feb 2, 2005

To reverse a fact finder's determination, the appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court and that the record establishes that the finding is … clearly wrong.

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

Lola Marvene Maher, Wife of/and Johny (Nmi) Maher v. New Orleans City Park and/or New Orleans City Park Improvement Association; And the State of Louisiana Ex Rel. Department of Culture, Recreation, and Tourism

Louisiana Court of Appeal · Dec 18, 2023

“Since the enactment of the immunity statutes, legislative amendments have expanded the scope of immunity for protected classes and activities.” Beal v. Westchester Surplus Lines Ins. Co., 2021-0187, p. 7 (La. … In reversing the trial court’s judgment, the Fifth Circuit explained: The activities enumerated in the statute are clearly activities that are typically done in, and require, the true outdoors, such as fishing

Robinson v. Jefferson Parish School Board

9 So. 3d 1035 · Louisiana Court of Appeal · Apr 7, 2009

Immunity Mr. … of the immunity provisions to a qualified owner. 03-1488 at 29, 874 So.2d at 152 .

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. .

Espadron v. Baker-Hughes, Inc.

97 La.App. 4 Cir. 1951 · Louisiana Court of Appeal · Apr 22, 1998

The most important factor, control, clearly weighs in favor of Mr. Espadron being a borrowed servant of Baker-Hughes. … In any case, we are satisfied that the facts of this case are clear and were clearly established by the affidavits and Mr. Espadron's deposition, so there was no possible prejudice to Mr.

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.

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.

LeRay v. Bartholomew

871 So. 2d 492 · Louisiana Court of Appeal · Mar 30, 2004

We find Kelty to be clearly distinguishable. … After a settlement with one qualified provider and dismissal of the other, the LPCF was added to the lawsuit.

Bourgeois v. GREEN INDUSTRIES

841 So. 2d 902 · Louisiana Court of Appeal · Feb 25, 2003

The purpose of the intentional act exception is to prevent a person granted immunity, who intentionally inflicts an injury on an employee, from using the immunity to protect himself against the consequences of his own "willful … Avondale and its executive officers assert that a claim for medical monitoring is a new cause of action and that the theory established in Walls v.

Hypolite v. Columbia Dauterive Hosp.

7 La.App. 3 Cir. 357 · Louisiana Court of Appeal · Oct 3, 2007

She was diagnosed with immune thrombocytopenia, a condition signifying low blood platelet counts; platelets are essential for blood clotting. Ms. … Consequently, we cannot say that the jury's verdict is manifestly erroneous or clearly wrong. Induction Using Cytotec and Care During Labor Ms.

Manasra v. St. Francis Medical Center, Inc.

764 So. 2d 295 · Louisiana Court of Appeal · Jun 23, 2000

DISCUSSION HCQIA Immunity HCQIA provides a qualified immunity for professional review actions which meet certain statutory standards. Smith v. Our Lady of the Lake Hospital, Inc., 93-2512 (La.7/5/94), 639 So.2d 730 . … Clearly, Dr.

Cheneau ex rel. Sanders v. Apostolic Outreach Center

529 So. 2d 149 · Louisiana Court of Appeal · Jul 12, 1988

Statutory Immunity LSA-R.S. 9:2791 provides as follows: A. … Second, the jurisprudence regarding attractive nuisances establishes clearly that the doctrine applies only if the child is too young to appreciate the danger involved. Smith, supra, 638 F.2d at 885 .

Galen-Med, Inc. v. Porter

928 So. 2d 681 · Louisiana Court of Appeal · Mar 29, 2006

He testified that no gross findings existed to establish the cause of death. … The plaintiff must first establish by a preponderance of the evidence that the doctor's treatment fell below the ordinary standard of care expected of physicians in his medical specialty, and must then establish a causal

Hays v. Wild Life and Fisheries Commission

136 So. 2d 559 · Louisiana Court of Appeal · Mar 16, 1962

The rules of the Commission are clearly invested with such dignity and effect they are considered laws. Constitution of Louisiana, Article XIV, Section 15(I). … Since the only testimony against appellant was clearly inadmissible, there is no evidence to support the order of dismissal.

Walker v. Associated Press

191 So. 2d 727 · Louisiana Court of Appeal · Oct 31, 1966

The protection and immunity so claimed is a qualified or conditional privilege, the immunity gained therefrom being conditioned upon good motives and reasonable behavior. … The immunity does extend to "fair" comment or criticism on matters of public interest or concern.

Hall v. Brookshire Bros., Ltd.

831 So. 2d 1010 · Louisiana Court of Appeal · Nov 27, 2002

Its judgment will remain undisturbed unless clearly erroneous. Abshire v. Wilkenson, 01-75 (La. App. 3 Cir. 5/30/01); 787 So.2d 1158 . … R.S. 40:1299.42(B)(2) clearly says that "[a] health care provider qualified under this Part is not liable for an amount in excess of one hundred thousand dollars plus interest thereon ...." (Emphasis added.)

RIVERSIDE TRANSPORTATION INC. v. Burke

978 So. 2d 1261 · Louisiana Court of Appeal · Mar 26, 2008

However, a qualified immunity generally applies to most acts of government officials, unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known. [5] … App. 1 Cir. 2/21/07), 959 So.2d 990 , 994 n.2, writ denied, XXXX-XXXX (La. 6/22/07), 959 So.2d 500 . [5] Plaintiffs correctly point out that a defense of qualified immunity must be specially pled, and that defendants herein

Cannon v. Insured Lloyds

499 So. 2d 978 · Louisiana Court of Appeal · Oct 8, 1986

The burden of proof in a motion for summary judgment is on the mover to establish that there are no genuine issues of material fact. This burden is a great one. … We thus conclude that the issue of Lavalais' employment status at the time of the accident is clearly a material fact.