Case law

Jordan v. Cosey

434 So. 2d 386 · Supreme Court of Louisiana · Jun 27, 1983

V, § 5 provides for a right of direct appeal to this Court from a judgment declaring a statute unconstitutional. [2] La.C.C. art. 1493 established the forced portion at one-third for one child, one-half for two children and

Stanley R. Palowsky, III, Individually, and on Behalf of Alternative Environmental Solutions, Inc. v. Allyson Campbell

Supreme Court of Louisiana · Jun 26, 2019

Fitzgerald, 457 U.S. 800, 815-19, 102 S.Ct. 2727, 2736-39, 73 L.Ed.2d 396 (1982) (allegations of malice are insufficient to overcome qualified immunity). … Conduct, clearly recognizes the dichotomy between adjudicative and administrative duties.

Moresi v. State, Dept. of Wildlife & Fisheries

567 So. 2d 1081 · Supreme Court of Louisiana · Sep 6, 1990

Further, the defendants have clearly carried their burden of pleading qualified immunity. … If the defendant shows that the state constitutional right alleged to have been violated was not clearly established, the defendant is entitled to qualified immunity.

Jackson v. State Ex Rel. Dept. of Corrs.

785 So. 2d 803 · Supreme Court of Louisiana · May 15, 2001

The defendant pleading qualified immunity is entitled to dismissal before the beginning of discovery if the plaintiff's allegations do not state a claim of violation of clearly established law. … If the court determines that the law was clearly established at the time the action occurred, the Harlow analysis requires the public official claiming immunity to show that, because of extraordinary circumstances, "he neither

Descant v. Adm'rs of Tulane Educ. Fund

639 So. 2d 246 · Supreme Court of Louisiana · Jul 5, 1994

The retained amount increases to $2,000,000.00 in the event the limitation of liability established by the Medical Malpractice Act is modified or abrogated. … XII, § 10. [9] Louisiana courts have held the following immunities to be personal to the insured and therefore unavailable to the insurer: interspousal immunity, parental immunity, governmental immunity, charitable immunity

Richard v. Hall

874 So. 2d 131 · Supreme Court of Louisiana · Apr 23, 2004

Revised Statute 9:2795B(1) clearly supports an interpretation that an owner, lessee or occupant qualifies for the immunity where his use of the premises is not principally for a commercial, recreational enterprise for profit … that determines the availability of the immunity provisions to a qualified owner.

Smith v. Our Lady of the Lake Hospital, Inc.

639 So. 2d 730 · Supreme Court of Louisiana · Jul 5, 1994

immunity, the language of the statute would have clearly reflected this intent.” … Employing the former approach and tailoring the definition to fit the qualified immunity provision, courts have found that lack of malice or good faith can be proven by establishing a reasonable basis for the conduct.

Knapper v. Connick

681 So. 2d 944 · Supreme Court of Louisiana · Oct 15, 1996

Distinguishing between absolute immunity, which will defeat a suit at the outset, and qualified immunity, which depends on circumstances and motivations which often must be established by evidence at trial, the Court concluded … But the alternative of qualifying a prosecutor's immunity would disserve the broader public interest.

Smith v. OUR LADY OF LAKE HOSP.

639 So. 2d 730 · Supreme Court of Louisiana · Sep 15, 1994

immunity, the language of the statute would have clearly reflected this intent." … Employing the former approach and tailoring the definition to fit the qualified immunity provision, courts have found that lack of malice or good faith can be proven by establishing a reasonable basis for the conduct.

State v. Lombard

486 So. 2d 106 · Supreme Court of Louisiana · Mar 31, 1986

Defendant contends that Mattheson's rejection of defense witness immunity was qualified, that under certain narrow circumstances a trial judge can grant immunity. … In any event, the judge's failure to give the requested charge was harmless because the evidence concerning the events surrounding the confrontation clearly established to the jury that defendant was not the aggressor and

Ambrose v. New Orleans Police Amb. Serv.

639 So. 2d 216 · Supreme Court of Louisiana · Jul 5, 1994

Plaintiffs were required to prove gross negligence, not negligence alone, because of the qualified statutory immunity afforded emergency medical technicians by R.S. 40:1235. … The court gave no further explanation of the qualified immunity extended to EMTs and no explanation or instruction on gross negligence.

Oakes v. Walther

179 La. 365 · Supreme Court of Louisiana · Mar 26, 1934

Qualified privilege exists in a larger number of cases than does absolute privilege. … The distinction between the immunity granted to witnesses and the immunity granted to litigants is pointed out in Lescale v.

State v. Curry

262 La. 280 · Supreme Court of Louisiana · May 18, 1972

Clearly, no racial discrimination was practiced in the selection of the names from the Registration Rolls for the general venire. No racial discrimination occurred in the formation of the petit jury venire or panel. … immunity. 3 Since the prosecutor had announced the grant in open court, other witnesses were available to establish the grant of immunity, if testimony other than the admission of David Crew were desired.

Jones v. Soileau

448 So. 2d 1268 · Supreme Court of Louisiana · Feb 27, 1984

Louisiana courts have, however, extended a qualified immunity to a defendant who files charges after seeking the advice of an attorney. Johnson v. Pearce, 313 So.2d 812, 816 (La.1975); Eusant v. … Therefore, the *1273 qualified immunity does not attach to Soileau's actions. The fifth element is malice.

Driscoll v. Stucker

893 So. 2d 32 · Supreme Court of Louisiana · Jan 19, 2005

Addressing the malice aspect of the qualified immunity recognized in La.Rev.Stat. … Stucker do not *49 fall within the qualified immunity recognized in La.Rev.Stat.

Monteville v. Terrebonne Par. Con. Gov't

567 So. 2d 1097 · Supreme Court of Louisiana · Sep 13, 1990

It is an established principle that legislative grants of such rights, powers, privileges, immunities or benefits as against the general public, as distinguished from a right against some other party, should be construed … I agree that the premises on which plaintiff was injured does not qualify under Keelen v.

Gregor v. Argenot Great Cent. Ins. Co.

851 So. 2d 959 · Supreme Court of Louisiana · May 20, 2003

The establishment has discretion in determining what method may be used to convey the warning because the warning can be conveyed by a sign, menu notice, table tent or other clearly visible message. … In my view, the record clearly establishes that although the negligence of DHH contributed to the injury, the fault of DHH was certainly not equal to that of Pascal's Manale.

Justin Irwin v. John Bradley Brent

Supreme Court of Louisiana · Jun 27, 2025

However, an examination of the district court’s reasons for judgment clearly reveals the district court found La. … The Landry case explained that when the defendant does not enjoy any qualifying privilege or immunity, the courts must perform a comparative fault analysis. 4

State v. Mattheson

407 So. 2d 1150 · Supreme Court of Louisiana · Nov 16, 1981

Clearly, the affidavit established probable cause to justify the issuance of the warrant. Therefore, the evidence seized from the Matthesons' apartment was validly obtained. … Consequently, testimony that is merely cumulative will not qualify the witness for use immunity.

Pierce Foundations, Inc. v. Jaroy Construction, Inc.

190 So. 3d 298 · Supreme Court of Louisiana · May 3, 2016

Thus, under the 1985 amendments, sureties are “immune” from claims of those who do not qualify as “claimants” under the Act. See La. Prac. Series: La. Constr. … Clearly, La.