Case law

State v. McGuire

560 So. 2d 545 · Louisiana Court of Appeal · Apr 10, 1990

Larpenter concluded that no gratuity, benefits, leniency of sentence or immunity of prosecution were offered to defendant in order to induce him to make a statement. … I don't think he is qualified. He is not an expert in that area.

State v. Welch

468 So. 2d 599 · Louisiana Court of Appeal · Apr 3, 1985

Anderson’s training and extensive experience clearly indicate that he is a “qualified technician” within the meaning of LSA-R.S. 32:664. … The evidence as to his extensive training and work experience established that he is “qualified.” The statute does not require any specific license or certification.

Kirkland v. Riverwood Intern. USA, Inc.

658 So. 2d 715 · Louisiana Court of Appeal · Jun 21, 1995

The mover bears the burden of establishing that there are no genuine issues of material fact. … The amendment was clearly a direct attack on the rigid test and determinative factors announced in Berry .

Rhodes v. STATE THROUGH DEPT. OF TRANSP. & DEV.

656 So. 2d 650 · Louisiana Court of Appeal · Jun 21, 1995

against sovereign immunity in tort and contract suits." … sovereign immunity.

Tolar v. State ex rel. Department of Public Safety

363 So. 2d 933 · Louisiana Court of Appeal · Sep 25, 1978

This was a reasonable interpretation of the notice provision of the statute which had not previously been clearly interpreted judicially. … LSA-R.S. 32:424: “The department, having good cause to believe that a licensed driver or chauffeur is incompetent or otherwise not qualified to be licensed, may upon written notice of at least ten days to the licensee require

Haspel & Davis Milling & Planting Co. v. Board of Levee Commissioners

98 La.App. 4 Cir. 1664 · Louisiana Court of Appeal · Mar 31, 1999

The Levee Board sought the return of those properties that could not qualify under the expropriation/threat of expropriation standard. Plaintiffs filed various exceptions, including an exception of no cause of action. … In the present case, the Levee Board is not entitled to sovereign immunity.) In the present case the plaintiffs are not questioning the DNR’s authority or process of determining ownership.

Cox v. SEC., LA. DEPT. OF HEALTH AND HOSP.

939 So. 2d 550 · Louisiana Court of Appeal · Aug 25, 2006

(Emphasis added.) *554 On the other hand, transfers that do not meet the handful of provisions established in the manual as valid transfers "are presumed to be for the purpose of qualifying for LTC vendor payment unless the … In all cases, the individual shall be offered the opportunity to rebut the presumption, and evidence must be provided that establishes the transfer was solely for a reason other than to qualify for Medicaid.

Ruddock v. JEFFERSON FIRE CIV. SERV. BD.

688 So. 2d 112 · Louisiana Court of Appeal · Jan 28, 1997

Although the facts must be clearly established, they need not be established beyond a "reasonable doubt" as in a criminal case. The Board's findings must be based on competent evidence. … Lynn was a qualified witness. In Cole Oil & Tire Co., Inc. v.

Thomas v. STATE, DEPT. OF TRANSP. & DEVELOPMENT

662 So. 2d 788 · Louisiana Court of Appeal · Oct 12, 1995

The purpose behind the "two contract" theory is to establish a compensation obligation on the part of a principal who contractually obligates itself to a third party for the performance of work and who then subcontracts with … Under such a test, the evidence clearly shows that *798 the DOTD was the plaintiff's statutory employer and was, therefore, immune from tort liability.

Sandifer v. City of Kenner

17 La.App. 5 Cir. 58 · Louisiana Court of Appeal · May 31, 2017

the finding is not clearly wrong or manifestly erroneous. … The district court also determined that Ken-ner is not immune from liability pursuant to the Recreational Immunity Statute, La. R.S. 9:2795.

Starnesheua L. White Personally and on Behalf of Minor Child, Tramyah White v. Morehouse Parish School Board an Incorporated Body Through Debbie Wilson, in her Official Capacity as President; and David Gray in his Official Capacity as Superintendent; Morehouse Parish School Board Members, Karen Diel, Louis Melton, Tab Wilkerson, Rick Hixon, Veronica Tappin, and Adrin Williams; Letha L. Heckford, in her Official Capacity as a Morehouse Elementary School Teacher

Louisiana Court of Appeal · May 21, 2025

Gray also claimed that the petition failed to establish why Ms. … 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

Gros v. Fred Settoon, Inc.

3 La.App. 3 Cir. 461 · Louisiana Court of Appeal · Dec 23, 2003

The Administrative Law Judge found Gros’ injury upon navigable waters was sufficient Dto qualify him for benefits under the LHWCA. … Furthermore, imposing such a bar would result in subjecting to suit an employer who immediately and voluntarily begins compensation payments while immunizing from suit an employer who forces his employee to |7seek compensation

Wilson v. Town of Mamou

972 So. 2d 461 · Louisiana Court of Appeal · Dec 19, 2007

Accordingly, we find the immunity statutes inapplicable. Standard of Review A trial court's findings of fact may not be reversed absent manifest error or unless it is clearly wrong. Stobart v. … Even though the trial court obviously found the sister's testimony *470 was not credible, the record clearly establishes, as borne out by the witnesses, that several minutes prior to the fatal shooting, Ms.

Autin v. Terrebonne

612 So. 2d 107 · Louisiana Court of Appeal · Sep 10, 1992

The domicile of each citizen is in the parish wherein he has his principal establishment. … As in any case the factual findings of the trial court will not be disturbed on appeal unless clearly wrong. Villane v. Azar, supra .

Jackson v. Suazo-Vasquez

2012 La.App. 1 Cir. 1377 · Louisiana Court of Appeal · Apr 26, 2013

Washington was not qualified to render an expert opinion on this issue. … Suazo clearly was acting in his professional capacity as a ne-phrologist rendering professional services to Ms. Johnson. . Daubert v.

Lasseigne v. Walgreen

274 So. 2d 480 · Louisiana Court of Appeal · Feb 28, 1973

. * * *" If the detention is authorized under this provision immunity from criminal or civil liability will naturally follow to a peace officer, merchant, or merchant's specifically authorized employee. … There was no sales slip involved and we find that the actions of plaintiff herein clearly constituted reasonable grounds upon which Mrs. Herrell could detain him.

Freeman v. Department of Highways

197 So. 2d 188 · Louisiana Court of Appeal · Mar 13, 1967

It is our view that relinquishment of sovereign immunity can only be accomplished by express language clearly indicating such intent. … It is our further judgment that an attempt at waiver of sovereign immunity in any respect whatsoever, must be strictly construed and limited to those immunities explicitly surrendered.

Faith in Farming Company, L.L.C. v. State of Louisiana, through the Department of Transportation and Development Consolidated with Williams & Williams Farms, L.L.C. v. State of Louisiana, through the Department of Transportation and Development

Louisiana Court of Appeal · Apr 19, 2023

Alternatively, the DOTD urged the defense of discretionary immunity under La. R.S. 9:2798.1 regarding its allocation of personnel and resources. … The DOTD also objected on the basis that Williams was not qualified as an expert to testify as to whether the flooding created a safety hazard.

Braud v. Dixie MacH. Welding & Metal Works

423 So. 2d 1243 · Louisiana Court of Appeal · Nov 10, 1982

The affidavits submitted by Freeport, uncontroverted by plaintiff, establish the following facts: Freeport is a major producer of phosphoric acid. … LSA-R.S. 23:1032. [2] In addition, the defense *1246 of tort immunity under this section is not personal to the immune party but can be invoked by his insurer sued under the direct action statute. Carlisle v.

Sanchez v. Georgia Gulf Corp.

860 So. 2d 277 · Louisiana Court of Appeal · Nov 12, 2003

R.S. 49:1007, which provides that all confirmed positive results of drug testing shall be reported directly from the laboratory to a qualified medical review officer (MRO). … While it clearly would not apply herein, it has no independent relevance to the substantive issues raised by Sanchez.