Case law

Arrington v. ER PHYSICIANS GROUP, APMC.

940 So. 2d 777 · Louisiana Court of Appeal · Sep 27, 2006

The original Medical Malpractice Act as interpreted by the court provided liability once the qualified health care provider had settled with plaintiffs. … [and][t]his presumption continues until the party challenging the act's constitutionality establishes that it contravenes some provision of the state or federal constitution." Everett v.

Laborde v. Pecot

942 So. 2d 699 · Louisiana Court of Appeal · Nov 2, 2006

While we recognize that these articles, which substantially impede the ability of an injured party to obtain full recovery of his damages, are in derogation of established rights and are to be strictly construed, Touchard … Neither did Dumas involve the question of an actor who is beyond the jurisdiction of the court due to sovereign immunity.

Plaisance v. Department of Highways

132 So. 2d 925 · Louisiana Court of Appeal · Jun 15, 1960

Also, the facts in the record are not disputed and they definitely *927 establish liability on the part of the defendant in that amount. On June 1, 1959, the Supreme Court in the case of Duree v. … both from suit and from liability,” the present case clearly falls into its purview, and the effects of the Duree decision are abrogated.

Legg v. City of New Orleans

219 So. 2d 798 · Louisiana Court of Appeal · Mar 3, 1969

All of these witnesses were qualified as experts in their respective capacities as traffic designers, engineers and planners. … “The evidence did not so establish any negligence in the design, construction and/or signing or marking of this intersection.

Stephens v. Natchitoches Parish School Board

137 So. 2d 116 · Louisiana Court of Appeal · Jan 29, 1962

In this action, therefore, the State of Louisiana has waived its immunity to suit and liability. … The rule which should be applied, and the factors which may be considered, in determining the amount to be awarded for loss of maintenance and support are clearly set out in the recent case of Pennington v.

Terrance v. Dow Chemical Co.

2006 La.App. 1 Cir. 2234 · Louisiana Court of Appeal · Sep 14, 2007

Based on our review of the evidence, the record clearly establishes a reasonable factual basis to support the jury's finding that the other entities listed on the jury verdict form were not liable for Mr. … As such, the jury's finding of Exxon's sole liability is not clearly wrong. These assignments of error lack merit.

Darren Lombard v. Elton Nobre and Jose Nobre

Louisiana Court of Appeal · Jun 18, 2024

R.S. 9:2800.19 immunity.4 Elton did not appeal the judgment, and no party directly raised consent or immunity under La. R.S. 9:2800.19 as issues on appeal. … We next turn to whether the district court’s allocations of fault were manifestly erroneous or clearly wrong.

Dowl v. Redi Care Home Health Ass'n

2009 La.App. 4 Cir. 1300 · Louisiana Court of Appeal · Feb 3, 2010

establishing Dr. … Additionally, we find that Dowl has failed to establish that Dr.

Sarah Eilts v. Twentieth Century Fox Film Corporation, Breakout Kings Production, LLC, and Aaron Nelson

Louisiana Court of Appeal · Mar 30, 2022

Under the jurisprudence, in order to qualify under that exception, it was Ms. … Breakout Kings established that it employed Eilts on the day of the incident and that she was injured on the job.

In the Matter of American Waste & Pollution Control Co.

580 So. 2d 392 · Louisiana Court of Appeal · Mar 15, 1991

Since these proceedings fall outside the waiver of immunity provisions, the legislature must waive sovereign immunity and provide a procedure before they can proceed. … As a corollary, the doctrine results also from the notion that where otherwise the government would be immune from suit, the waiver of sovereign immunity may be conditional. Id.

BARABAY PROP. HOLD. CORP. v. Boh Bros. Const. Co., LLC

991 So. 2d 74 · Louisiana Court of Appeal · May 2, 2008

Contractor Immunity under La. … The contract between Jefferson Parish and Boh Brothers clearly contemplated a "public work" within the meaning of the Public Bid Law, La. R.S. 38:2211, et seq.

Jory v. Arnette

360 So. 2d 921 · Louisiana Court of Appeal · Aug 1, 1978

Sections 466, 467 and 468 establish the date of the qualifying periods and when they shall be opened and closed. The changes provided in the electoral process by the new Election Code should be understood. … Section 469 of the Election Code provides for reopening of qualifying periods due to the death of a candidate qualified to run in the primary election.

Reddoch v. Parish of Plaquemines

2013 La.App. 4 Cir. 0788 · Louisiana Court of Appeal · Mar 26, 2014

Second, “the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous).” Id. … The descriptions in the Scott Report also state that "hypersensitive individuals” and those who are "immune-compromised” are more likely to notice the adverse health effects.

Versluis v. GULF COAST TRANSIT CO.

2008 La.App. 4 Cir. 0729 · Louisiana Court of Appeal · Jul 29, 2009

It is well-established that the trial judge has wide discretion in determining whether to allow a witness to testify as an expert, and his judgment will not be disturbed by an appellate court unless clearly erroneous. … As such, the record clearly establishes that Mr. Versluis has documented medical issues. The record also establishes that there may and we emphasize may be some causal links between |sMr.

Cassandra Dorsey individually and OBO mother, Louise Taylor v. Rayville Nursing and Rehabilitation Center, Inc. and Unknown

Louisiana Court of Appeal · Feb 26, 2025

The defendant filed a peremptory exception of no cause of action invoking the qualified immunity of the Louisiana Health Emergency Powers Act (“LHEPA”), and a dilatory exception of vagueness. … I believe there is no interpretation of the petition that will overcome the immunity of R.S. 27:771. The petition clearly fails to state a cause of action.

Ogden v. Gray

2012 La.App. 4 Cir. 1314 · Louisiana Court of Appeal · Sep 11, 2012

The manner of qualifying for election to public office in Louisiana is set forth in La. … R.S. 18:1401 A, which provides that “[a] qualified elector may bring an action objecting to the candidacy of a person who qualified as a candidate in a primary election for an office in which the plaintiff is qualified to

State v. Delcambre

97 La.App. 3 Cir. 1447 · Louisiana Court of Appeal · Apr 29, 1998

immunity.” … Moreover, there was no necessity in those cases for inspection by the defendant of the grand jury transcript, inasmuch as his own testimony at the hearing on the motion established the constitutional violation, and there

Whotte v. International Paper Co.

15 La.App. 3 Cir. 362 · Louisiana Court of Appeal · Oct 21, 2015

tort immunity as a statutory employer has none of the required hallmarks justifying immunity. … The Louisiana Act expressly extends the employer’s compensation obligation and its corresponding tort immunity to “principals.”

Hebert v. Richard

166 So. 3d 1265 · Louisiana Court of Appeal · Jun 17, 2015

Thus, Industrial must have produced factual support sufficient to establish that it would be able to meet its burden of proof at trial on this issue. … from tort ... both the lending and borrowing employers are immune from suit in tort.”

Credit v. Richland Parish School Board

61 So. 3d 861 · Louisiana Court of Appeal · Apr 13, 2011

The immunity from liability established by this Section shall not apply to any action or statement by a school employee that was maliciously, willfully, and deliberately intended to cause bodily harm to a student or to harass … The plaintiffs claim that they allege at least 25 instances of failures or omissions on the part of school board employees which are clearly outside the specific guidelines for school employees behavior established by the