Case law

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

State ex rel. Boone v. Ammons

47 So. 2d 370 · Louisiana Court of Appeal · May 24, 1950

At best this claim must be regarded as uncertain and speculative and cannot be held to overcome the clearly established facts above noted. … But clearly there is nothing inconsistent or irreconcilable iñ these provisions.

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

Dale Hartley v. University of Holy Cross

Louisiana Court of Appeal · Jul 19, 2023

Well, there’s really a dearth of testimony regarding his attitude toward women, so the falsity of it, not clearly established, but not clearly not established. … Hartley points out that WC immunity does not exclude an employer’s vicarious liability for its employee’s intentional acts. See La. C.C. art. 2320; Baumeister v.

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.

Washington v. GRAND CASINOS OF LA., INC.

715 So. 2d 515 · Louisiana Court of Appeal · Jun 3, 1998

La.Code Civ.P. art.1972 provides that a new trial shall be granted where the judgment appears clearly contrary to the law and the evidence. … Under the circumstances, it is clear that the plaintiffs failed to establish their prima facie case. We are mindful of the trial court's concern that the defendant may be allowed to hide behind sovereign immunity.

Smith v. Zellerbach

486 So. 2d 798 · Louisiana Court of Appeal · Mar 25, 1986

Testimony at trial clearly established certain facts: (1) a piece of structural steel was being lifted over the heads of the workers below, without any warning having been given; (2) the piece of metal, or angle iron, was … This finding of fact is clearly wrong.

Constant v. State

255 So. 2d 453 · Louisiana Court of Appeal · Nov 10, 1971

Act 657 goes beyond the provisions of Article 3, Section 35 of the Louisiana Constitution which provisions authorize the Legislature only to waive State’s immunity from suit, immunity from liability, and also prescription … from suit, immunity from liability, and also prescription or peremption.

Hayes v. Sheraton Operating Corp.

2016 La.App. 4 Cir. 0038 · Louisiana Court of Appeal · May 25, 2016

“Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact.” La. … Although, the cited jurisprudence relates to the duties of a school board, clearly the same duties apply to a school pursuant to La. Civ.

Watts v. Town of Homer

301 So. 2d 729 · Louisiana Court of Appeal · Oct 1, 1974

Whether contributory negligence was established. 3. … However, photos introduced clearly demonstrate the absence of a cross bar between the front and rear legs.

Shannon James Suarez v. John Derosier, Indiv. and as Dist. Atty

Louisiana Court of Appeal · Mar 7, 2018

DeRosier submitted affidavits of his employees in support of absolute immunity. Prosecutors may have absolute immunity or qualified immunity depending upon their actions. … The trial court clearly noted absolute immunity was at issue and found that Defendants were entitled to summary judgment.

Kopfler v. Edwards

318 So. 2d 653 · Louisiana Court of Appeal · Aug 27, 1975

He seeks to have the Tan-gipahoa Parish Democratic Executive Committee ordered to provide for a qualifying period and to fix the fee for qualification, open to him and to all persons who may wish to qualify as candidates … “In this latter regard, we note for your information Article V, Section 15 of the new Constitution which authorizes the Legislature to abolish city courts and their marshals by establishing courts of limited jurisdiction

Spillman v. Anco Insulations, Inc.

2007 La.App. 1 Cir. 0763 · Louisiana Court of Appeal · Sep 9, 2008

In its answer, Exxon raised the affirmative defense of workers' compensation immunity. After Mr. … Clearly the trial court credited this testimony that the engine and boiler rooms on the riverboats contained asbestos, and we do not find the court's conclusion to be manifestly erroneous or clearly wrong.

Thornhill v. STATE DEPT. OF TRANSP.

676 So. 2d 799 · Louisiana Court of Appeal · Jun 28, 1996

is clearly wrong. … The record clearly establishes that the realignment of this section of Highway 308 was never submitted by DOTD for consideration as a priority. Therefore, this assignment of error is without merit.

Mix v. Blanchard

318 So. 2d 125 · Louisiana Court of Appeal · Sep 18, 1975

In fact, the evidence (apparently deemed credible) preponderates in favor of a conclusion that the Melpomene Street residence qualifies as Blanchard's principal establishment within the contemplation of C.C. art. 38, and … NOTES [1] Clearly 6109 Campus Boulevard is the matrimonial domicile of Mr. and Mrs.

Russo v. Burns

2014 La.App. 4 Cir. 1008 · Louisiana Court of Appeal · Sep 17, 2014

Burns had a good faith belief that he had filed his tax returns when he qualified for office and that he had rebutted the prima facie case for disqualification established by the plaintiff. … of the trial court; and the appellate court must further determine that the record establishes that the finding is clearly wrong.

Stead v. Swanner

12 La.App. 5 Cir. 727 · Louisiana Court of Appeal · May 16, 2013

No testimony definitively established, however, exactly when during the evening this photograph had been taken. … Swanner did check on the teens several times during the evening, no conclusive testimony established the time that this photograph was taken. The trial judge clearly found all of the testimony supporting Ms.

Wild v. State, Department of Health & Hospitals

2008 La.App. 1 Cir. 1056 · Louisiana Court of Appeal · Dec 23, 2008

Wild’s establishment of the revocable living trust did not amount to an alienation of the property for purposes of qualifying for LTC Medicaid benefits. … Wild’s living trust was established for estate planning purposes to prevent the necessity of interdicting Mrs. Wild, rather than the purpose of qualifying for Medicaid.

Cain v. Martin Marietta Corp.

537 So. 2d 294 · Louisiana Court of Appeal · Dec 16, 1988

He stated that the scope of the work performed by Combustion Engineering, Inc. was of such a specialized nature and of such heavy construction so as not to qualify as work customarily performed by Martin Marietta. … These facts establish an independent basis for the exclusive remedy of worker’s compensation benefits under Louisiana Revised Statute Title 23 Section 1061 and on this basis Martin Marietta’s customary performance of the

Sevin v. Parish of Plaquemines

901 So. 2d 619 · Louisiana Court of Appeal · Apr 27, 2005

The testimony establishes that Mrs. … Clearly, the drop off in question satisfies the latter requirement.