Case law

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.

Daniel Harris v. Boh Bros. Construction Co., LLC and Abc Insurance Company

Louisiana Court of Appeal · May 26, 2021

Thus, there is no need to discuss that issue as clearly the government approved the specifications.” … After reviewing the prongs of the Boyle test, the federal district court concluded Boh Bros. established government contractor immunity, thus, removal to federal court was proper. Id., No.

Whatley v. State

369 So. 2d 1125 · Louisiana Court of Appeal · Mar 5, 1979

The statutory qualifying provision “they may deem expedient” does not pertain to the duty to enact such rules in the discretion of parish governing authorities but applies, instead, to the nature and scope of the rules which … Notwithstanding the immunity of the Parish from vicarious liability herein, the Parish may have been guilty of fault in not adopting the required regulations.

Wright v. Superior Oil Company

138 So. 2d 688 · Louisiana Court of Appeal · Mar 8, 1962

The above evidence clearly establishes that plaintiff's well was damaged by the geophysical operations conducted by the defendants. … This rule is clearly stated in Brantley v.

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

Keener v. Mid-Continent Cas.

817 So. 2d 347 · Louisiana Court of Appeal · Apr 30, 2002

They argue that the trial court clearly disregarded or ignored Dr. … as an expert, and his judgment will not be disturbed by an appellate court unless it is clearly erroneous.

Guidry v. Federline

537 So. 2d 838 · Louisiana Court of Appeal · Jan 18, 1989

Any court action against a health care provider 2 cannot proceed until claimant presents his case to a medical review panel established pursuant to the statute. … Even if Grannan and Buhler had other insurance, they would still be qualified for statutory protection as clearly they meet all requirements.

Trahan v. STATE EX REL. DEPT. OF HEALTH AND HOSPITALS

663 So. 2d 242 · Louisiana Court of Appeal · Oct 4, 1995

The facts in the case sub judice clearly convince us that the issuance of the continuance was entirely within the trial court's discretion. … La.R.S. 23:1061 defines and establishes the liability of a principal contractor to employees of an independent contractor.

Carpenter v. Catahoula Parish School Board

566 So. 2d 1013 · Louisiana Court of Appeal · Jul 30, 1990

that it is entitled to immunity under LSA-R.S. 9:2798.1 only through a trial on the merits. … Therefore, Carpenter should have been permitted to amend his petition to set forth with greater particularity facts tending to establish his claim for general damages.

State v. Cargille

507 So. 2d 1254 · Louisiana Court of Appeal · May 13, 1987

Maggio was qualified as an expert in the field of medical assistance programs. Ms. … I'm going to get into the fact that we offered her immunity in this matter.

Clement v. Reeves

935 So. 2d 279 · Louisiana Court of Appeal · Jun 28, 2006

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. … Clearly, LCG was provided with immunity from negligence in its efforts to remedy the effects of Hurricane Lili during the state of emergency absent a showing of willful misconduct. Castille v.

Van Atta v. Team Services, Inc.

96 La.App. 1 Cir. 0190 · Louisiana Court of Appeal · Nov 8, 1996

that the finding is clearly wrong or manifestly erroneous. … Nevertheless, although this court must give great deference to the trier of fact, we have a constitutional duty to review facts and reverse verdicts of a trial court that are clearly wrong based on the evidence, or are clearly

City of Shreveport v. Caddo Parish

658 So. 2d 786 · Louisiana Court of Appeal · Jun 23, 1995

IMMUNITY UNDER LSA-R.S. 9:2798.1 Both the Sheriff and the Commission seek immunity for discretionary acts under LSA-R.S. 9:2798.1. … This statute clearly refers to the compensation for daily expenses and not total fixed costs of the jail facility.

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.

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 .

Bostwick v. MAPP Industries, Inc.

707 So. 2d 441 · Louisiana Court of Appeal · Dec 30, 1997

The exclusivity of these provisions is established by La.R.S. 23:1032 with provides in pertinent part: ... … When the employer seeks to avail himself of tort immunity under La.R.S. 23:1032, the employer has the burden of proving entitlement to immunity. In the present case, we find that the employer did not meet its burden.

Rogers v. Texaco, Inc.

638 So. 2d 347 · Louisiana Court of Appeal · May 26, 1994

But Crown Zeller-bach did not establish a standard language requirement. … Even for those owners-operators who can qualify for limitation of liability, the limitation provides them with neither an immunity nor an assured defense.

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

White v. Baker Manor Nursing Home, Inc.

400 So. 2d 1168 · Louisiana Court of Appeal · Apr 13, 1981

Hoover, offered in support of the motion for summary judgment, clearly shows toilet paper, light bulbs, washing powder, sheets, pillow cases and other property of the nursing home would disappear almost immediately upon placement … Defendants have affirmatively established not only good faith but have also established the other requisites for classifying the statement as privileged, an interest on the part of the speaker and communication to others

Scaglione v. Juneau

2010 La.App. 4 Cir. 1109 · Louisiana Court of Appeal · Aug 4, 2010

Because we conclude that the trial judge is not clearly wrong in his factual finding that Ms. Juneau had sufficiently established her domicile in St. … Those two pieces of evidence clearly show that Mr. Richmond continued to consider the ⅛809 Eastview Drive as his “principal establishment” at least through September 9, 2003.