Case law

McNamara v. Arkansas-Louisiana Gas Co.

441 So. 2d 446 · Louisiana Court of Appeal · Nov 29, 1983

Each of the subsidiaries is qualified to do and is doing business in this state. … As it constitutes an exceptional privilege, an exemption must be clearly, unequivocally and affirmatively established. Meyers v. Flournoy, 209 La. 812 , 25 So.2d 601 (1946); Mattingly v.

Mitchell v. Southern Scrap Recycling, LLC

93 So. 3d 754 · Louisiana Court of Appeal · Jun 8, 2012

An employer seeking to avail itself of tort immunity bears the burden of proving its entitlement to immunity. Furthermore, immunity statutes |Rmust be strictly construed against the party claiming the immunity. … This contractual language clearly recognizes Southern Scrap Morgan City’s status as the statutory employer of IPC Contractors’s employees, as contemplated by LSA-R.S. 23:1061(A)(3).

Hammett v. Knight

99 La.App. 5 Cir. 1048 · Louisiana Court of Appeal · Sep 24, 1999

Clearly 436 Helios Avenue qualifies as a residence. The critical question is whether or not Mr. … Change in domicile for purposes of qualifying for public office occurs when there is a change in actual residence accompanied by the intention to make the new residence the candidate’s new establishment or home.

Sherome Hankton v. the State of Louisiana, Medical Center of Louisiana at New Orleans (University Hospital), Through the Board of Supervisors at Louisiana State University and Dr. John Doe

Louisiana Court of Appeal · Mar 4, 2020

“It is well settled that a trial court’s findings of fact will not be disturbed unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous.” … the finding is clearly wrong.’”

Belgarde v. City of Natchitoches

156 So. 2d 132 · Louisiana Court of Appeal · Sep 11, 1963

However, as noted in the Givens case, 55 So.2d 291 , "of course, the unlawfulness of the action * * * must be clearly established, and it must be of such character and of such magnitude as would reasonably be calculated to … Pugh, Historical Approach to the Doctrine of Sovereign Immunity, 13 La.L.

Martin v. Boh Bros. Const. Co., LLC

934 So. 2d 196 · Louisiana Court of Appeal · Jun 7, 2006

Boh Brothers asserted an affirmative defense in its answer that it was statutorily immune from suit pursuant to R.S. 9:2771. … In its reasons for judgment, the trial court found that it had been established that Boh Brothers was re-surfacing the street where Martin fell, and that no barricades, cones, workmen, or equipment were present.

McClendon v. Bel

797 So. 2d 700 · Louisiana Court of Appeal · Sep 7, 2000

This court considers the apartment at 205 Northwest Central Avenue to be a domestic establishment, qualifying as a residence. The question remains whether the apartment at 205 Northwest Central Avenue is where Mr. … The reviewing court must review the record in its entirety to determine whether the trial court's finding was clearly wrong or manifestly erroneous. Bailey v.

Johnson v. Schwegmann Bros.

397 So. 2d 868 · Louisiana Court of Appeal · Apr 7, 1981

C.Cr.P. art. 215 Comment (e) points out the storeowner acting reasonably is immune from civil liability. In Brown v. Hartford Ins. … In the case before us the defendant's employees could no longer claim the immunity afforded by C.Cr.P. art. 215 once it was established there was in fact no theft of Schwegmann's merchandise.

Nugent v. Phelps

816 So. 2d 349 · Louisiana Court of Appeal · Apr 23, 2002

Immediately thereafter, a motion was made for involuntary dismissal, and after hearing the argument of the attorneys and reviewing the evidence briefly, the court stated that the burden was upon the plaintiff to establish … However, a review of the transcript will show that the judge read to the potential witnesses that portion of the statute dealing with immunity.

Sonnier v. Bayou Boudin & Cracklins

597 So. 2d 1245 · Louisiana Court of Appeal · Apr 16, 1992

The trial judge commented, “I just want to state for y’all purpose, for your benefit the fact as I see them established by the depositions. You have two brothers, the employer and the employee. … But that statement of fact, when added to this court’s statement of what seem to be the background facts, does not clearly show this to be a worker’s compensation case. Other factors have to be considered.

Hebert v. Adcock

10 La.App. 3 Cir. 887 · Louisiana Court of Appeal · Feb 2, 2011

It is well settled that a court of appeal will ordinarily not set aside a trial court’s finding of fact unless it is clearly wrong. … Louisiana Code of Criminal Procedure Article 162 provides: A search warrant may issue only upon probable cause established to the satisfaction of the judge, by the affidavit of a credible person, reciting facts establishing

Brown v. Coregis Ins. Co.

752 So. 2d 347 · Louisiana Court of Appeal · Feb 18, 2000

The record establishes that, at the time of the accident, TPSB had a "school auto coverage" insurance policy with Coregis with a $1 million limit of liability above a $50,000.00 self-insured retention, and a $5 million umbrella … R.S. 32:603, insofar as they preclude an insurer from asserting "immunity," are superfluous in that they pertain to a governmental immunity which no longer exists.

Marcus Randall v. Board of Supervisors of Southern University and A&M College, Louisiana High School Athletics Association, Louisiana High School Coaches Association, Herman Brister, Jr., Individually and in his Official Capacity as Director of The Southern University La

Louisiana Court of Appeal · Aug 23, 2021

Brister, we find that qualified immunity applies. … Brister established that his conduct did not violate clearly established

Cramer v. Association Life Ins. Co., Inc.

563 So. 2d 267 · Louisiana Court of Appeal · Mar 15, 1990

On September 14, 1985 Noel was diagnosed as suffering from severe combined immune deficiency. 7. … Once it is determined that ERISA covers a plan, the Act's fiduciary and reporting provisions do require the plan to be established pursuant to a written instrument, ERISA §§ 102 and 402, 29 U.S.C. §§ 1022 and 1102; but clearly

Flex Enterprises, Inc. v. City of New Orleans

2000 La.App. 4 Cir. 0815 · Louisiana Court of Appeal · Feb 14, 2001

However, the record clearly reveals that the establishment operated by Mr. … After considering all the record | ^evidence on that issue, we find that Director May and the BZA were clearly arbitrary and capricious in their conclusion that the establishment proposed by Flex Enterprises does not qualify

Greer v. Dresser Industries, Inc.

98 La.App. 3 Cir. 129 · Louisiana Court of Appeal · Jul 1, 1998

If, however, the older employee shows that he was terminated in favor of younger, clearly *1239 less qualified individuals, a genuine, material fact issue exists. Id. at 1181 (citation omitted). … A genuine, material fact issue that pretext exists can be raised by a showing that the older employee was terminated while a younger, clearly less qualified, individual was retained.

Courtney v. BASF Wyandotte Corp.

385 So. 2d 391 · Louisiana Court of Appeal · May 5, 1980

The exclusivity of Workmen's Compensation as a remedy for employees is established by LSA-R.S. 23:1032. … Clearly, the only statutory exception to Workmen's Compensation as a remedy is for intentional torts.

Butler v. Cantrell

630 So. 2d 852 · Louisiana Court of Appeal · Dec 29, 1993

The intent to establish a residence, coupled with physical actions denoting the acquisition of a residence is sufficient." 361 So.2d at 322. This standard was clearly met by Mr. Feltus, whose rental arrangement with Mr. … Additionally, the language of the first sentence clearly refers to the qualifications one must have when one qualifies as a candidate....

Herpin v. Boudreaux

709 So. 2d 269 · Louisiana Court of Appeal · Mar 5, 1998

In order to be qualified as a candidate for the Office of Mayor, Mr. … Further, a change in domicile for the purposes of qualifying for public office occurs when there is a change in actual residence accompanied by an intention to make a new principal establishment or home.

Douglas Bagwell v. Quality Easel Company, Inc., and James E. Dugdale, Jr.

Louisiana Court of Appeal · Nov 18, 2020

R.S. 23:1035. 8  As to CPCC’s DBE status, Angela Pody testified she was a Native American Indian, and since she was a co-owner of CPCC, the business was state-qualified as … for immunity under La.