Case law

Williams v. Bd. of Supervisors

272 So. 3d 84 · Louisiana Court of Appeal · May 15, 2019

rules that were clearly established at the time the action was taken." … "First, the court must determine whether the law was clearly established at the time the action occurred. *93 Second, if the law is clearly established, the defendant must show that, because of extraordinary circumstances

Williams v. Bd. of Supervisors

272 So. 3d 84 · Louisiana Court of Appeal · May 15, 2019

rules that were clearly established at the time the action was taken." … "First, the court must determine whether the law was clearly established at the time the action occurred. *93 Second, if the law is clearly established, the defendant must show that, because of extraordinary circumstances

Anthony Hernandez and Rebecca Eades, individually and on behalf of decedent Camron Hernandez, and Colton Hawkins v. Aethon Energy Operating, LLC.

Louisiana Court of Appeal · Jan 11, 2023

Because immunity based on the borrowed employee doctrine is in derogation of the general tort rights of victims, the scope of immunity must be strictly construed. Sewell v. … such that they may receive tort immunity.

Hill ex rel. Hill v. Joseph

94 La.App. 1 Cir. 1859 · Louisiana Court of Appeal · May 5, 1995

Herein, the defendant brought the peremptory exception of no cause of action based upon the affirmative defense of absolute or qualified prosecutorial immunity. … “However, since this immunity is conferred on the district attorney solely by virtue of the office he holds, the rule becomes different if the district attorney acts in a matter clearly outside the authority or jurisdiction

UTELCOM, Inc. v. Bridges

2010 La.App. 1 Cir. 0654 · Louisiana Court of Appeal · Sep 12, 2011

Clearly, as someone involved in the daily operation of the companies, Mr. … Pearson’s affidavit does not qualify him as an expert, and the trial court | ncertainly did not accept him as one. Nothing in his affidavit demonstrates that he is qualified to render a legal opinion.

Browning v. West Calcasieu Cameron Hosp.

3 La.App. 3 Cir. 0332 · Louisiana Court of Appeal · Nov 12, 2003

However, "[i]f qualifying evidence is submitted in opposition to a motion for summary judgment which creates a dispute as to a genuine issue of material fact, the motion for summary judgment should be denied." [4] IMMUNITY … Clement, [19] this court held that a hospital's negligence could be inferred when the claimants establish that the hospital's employees clearly violated the hospital's written rules, regulations, bylaws, or policies.

Roderick McKenzie v. Churchill Downs Louisiana Horseracing Company, LLC D/B/A Fair Grounds Race Course & Slots and Jsr, LLC

Louisiana Court of Appeal · Dec 13, 2023

to that immunity. … App. 4 Cir. 4/15/15), 165 So.3d 304, 314 (wherein this Court found that once the defendant established that an immunity statute applied for purposes of summary judgment, the burden shifted to the plaintiffs, as the non-movants

Lambert v. Riverboat Gaming Enforcement Division, Office of State Police, Department of Public Safety

95 La.App. 1 Cir. 0872 · Louisiana Court of Appeal · Dec 15, 1995

Marcal Poullard despite said defendants’ non-liability for damages to the plaintiffs as a matter of law pursuant to the jurisprudential doctrines of absolute immunity and qualified immunity, and the policy making or discretionary … However, where it is clearly in the interest of judicial time and economy to dispose of the peremptory exception, the trial court has been required to decide the exception prior to trial. Cheramie v.

Broadmoor Apartments, Inc. v. Collector of Revenue

336 So. 2d 332 · Louisiana Court of Appeal · Jun 30, 1976

The tax involved herein is assessable upon a corporation’s qualifying to do business or actually doing business in the state. … The record establishes conclusively that Appellants were in fact acting as Owners’ agents in the transactions involved herein.

Reymond v. State ex rel. Department of Highways

217 So. 2d 488 · Louisiana Court of Appeal · Dec 16, 1968

Thus the rule established permits recovery in these cases only where there is substantial proof of special damages shown. … Karl Snyder, another qualified real estate appraiser, testified as an expert on behalf of defendant, Department of Highways. Mr.

Humphrey v. Louisiana Power & Light Co.

546 So. 2d 520 · Louisiana Court of Appeal · Jun 8, 1989

The judgment of the trial court will not be disturbed unless the record establishes that its findings are clearly wrong (manifestly erroneous). Arceneaux v. Domingue, 365 So.2d 1330 (La.1978); Canter v. … We agree with the trial court that Bricks Unlimited clearly qualifies as a statutory employer *523 based on the first condition.

State v. Birdsong

452 So. 2d 1236 · Louisiana Court of Appeal · Jun 6, 1984

Montana, 421 So.2d 895 (La. 1982) established the rule that a qualified expert witness cannot express to the jury an expert opinion on an ultimate question of fact to be determined by the jury. … Here, Philander Birdsong is clearly a potential target of prosecution. Hence, the trial judge correctly denied defense witness immunity in this case. Therefore, we find this assignment of error to be without merit.

White v. Rapides Parish School Bd.

3 La.App. 3 Cir. 1172 · Louisiana Court of Appeal · Mar 3, 2004

Clearly, the Rapides Parish School Board qualifies as a political subdivision of the State. … In brief, the School Board argues that the actions of the Board's employees at the South Alexandria Sixth Grade Center clearly fall within the purview of Berkovitz .

Johns v. Agrawal

748 So. 2d 514 · Louisiana Court of Appeal · Nov 17, 1999

The United States is liable only to the extent it waives sovereign immunity, here by the Federal Tort Claims Act. … It is well-established that "because the [Medical Malpractice Act] grants immunities or advantages to a special class in derogation of the general rights available to tort victims, it must be strictly construed against limiting

Crochet v. Westminster City Center Prop.

572 So. 2d 720 · Louisiana Court of Appeal · Dec 20, 1990

Application to employee of sub-subcontractor A careful reading of the above statutes, especially the highlighted language, reveals that the Louisiana legislature clearly intended for the exclusive remedy provisions of LSA-R.S … Gervais Favrot Co., 537 So.2d 381 (La.App. 4th Cir.1988), this court noted that LSA-R.S. 23:1061 must be read disjunctively and that the employer qualifies if he proves the existence of a general contract for construction

Bristol ex rel. Child v. Gonzales Police Dep't ex rel. Child

240 So. 3d 232 · Louisiana Court of Appeal · Dec 21, 2017

The purpose of this statute is to provide a qualified statutory immunity from liability to drivers of emergency vehicles, under very specific circumstances. See Rabalais v. … The supreme court went on to examine each section of the statute, and outlined the circumstances in which the driver of an emergency vehicle is granted particular driving privileges, also known as a qualified immunity.

Bank of New York Mellon v. Smith

14 La.App. 3 Cir. 924 · Louisiana Court of Appeal · Feb 11, 2015

immunity from suit. … Wyatt, then, did not answer the legal question before us, whether petitioners-two employees of a private prison management firm-enjoy a qualified immunity from suit under § 1983.

Ballex v. Municipal Police Employees' Retirement System

2016 La.App. 1 Cir. 0905 · Louisiana Court of Appeal · Apr 18, 2017

She later filed a supplemental answer to appeal, contending that the trial court further erred in awarding an incorrect amount for the monthly spousal benefit, which she contends was “clearly a clerical error.” … The evidence of record establishes that MPERS' is also a “qualified” plan under section 401 of the Internal Revenue Code, 26 U.S.C. § 401 , entitled “Qualified pension, profit-sharing, and stock bonus plans.”

Jones v. Traylor

660 So. 2d 933 · Louisiana Court of Appeal · Aug 23, 1995

XII, § 10 (West 1977) provides: (A) No immunity in contract and tort. … The Patient's Compensation Fund was established and regulated as a specific fund for the benefit of successful malpractice claimants and based upon an annual surcharge levied on all qualified health care providers.

Cormier v. THE Ins. Co.

716 So. 2d 387 · Louisiana Court of Appeal · May 27, 1998

DPSC asserts legislative immunity, discretionary immunity, and the public duty doctrine to support this claim. … Voogt testified that as a rehabilitation specialist and counselor, he was not qualified to prescribe treatment or develop a prognosis.